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Session 1999-2000
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Amendments to the Care Standards Bill [H.L.]

Care Standards Bill [H.L.] -
Amendments to be debated in the House of Lords

Here you can browse the Second Marshalled List of Amendments to the Care Standards Bill [H.L.] to be moved in Committee in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 20
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
46     Page 10, line 28, leave out ("may") and insert ("shall") 
  
BY THE LORD NORTHBOURNE
THE EARL OF LISTOWEL
 
47     Page 10, line 28, at end insert--
    ("(  )  define different categories of need;")
 
48     Page 10, line 28, at end insert--
    ("(  )  define different categories of establishment or agency appropriate to provide for different categories of need;")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
49     Page 10, line 34, leave out (", or for the purposes of an agency") 
50     Page 10, line 41, leave out ("numbers of persons, or") 
51     Page 10, line 42, leave out ("or for the purposes of an agency") 
52     Page 11, line 2, leave out paragraph (i) 
  
BY THE BARONESS NICHOLSON OF WINTERBOURNE
THE LORD CLEMENT-JONES
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
53     Page 11, line 5, at end insert--
    ("(k)  make provision imposing requirements upon the person carrying on or managing an establishment or agency as respects the treatment of patients.")
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
54     Page 11, line 5, at end insert--
 
    
 
     ("(  )  All regulations applying to the care of children away from their homes may--
    (a)  ensure that those providing such care are under a general duty to safeguard and promote the welfare of children in their charge;
    (b)  ensure, so far as is practicable, that children's wishes and feelings are ascertained by those caring for them on all matters affecting them and are given due consideration, having regard to the children's age and understanding;
    (c)  secure that children have ready access to--
          (i)  confidential information and advice;
          (ii)  help from an independent advocate; and
          (iii)  complaints procedures with an independent element;
    (d)  prohibit corporal punishment and other humiliating or otherwise inappropriate forms of punishment, including the deprivation of food, drink, clothes, sleep and contact with relatives or the imposition of distinctive clothes or labels;
    (e)  prohibit children's restriction of liberty as a method of punishment or control, unless secure accommodation has been approved by the Secretary of State and a court order has been obtained under section 25 of the 1989 Act;
    (f)  prohibit the use of medicine or the withholding of medicine as a method of punishment or control;
    (g)  take active measures to prevent and deal with bullying;
    (h)  make provision for the periodic review of the child's placement and welfare.")
 
  
BY THE LORD CLEMENT-JONES
BARONESS BARKER
 
55     Page 11, line 5, at end insert--
 
    ("(  )  For the purposes of subsection (1) "welfare" means the promotion of health, prevention of ill health and the rehabilitation and recuperation of individuals in the support of their daily activities.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
56     Page 11, line 5, at end insert--
 
    ("(  )  In subsections (1)(d) and (e) "welfare" includes in particular the promotion of physical and mental health, prevention of ill health, rehabilitation and recuperation (as the case may be) of individuals in support of their daily activities.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
57     Page 11, line 6, leave out ("may") and insert ("shall") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
58     Page 11, line 9, after first ("of") insert ("either--
    (a)")
 
59     Page 11, line 10, at end insert ("; or
    (b)  a statutorily authorised register of nurses")
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
60     Page 11, line 10, at end insert--
 
    ("(2A)  Regulations may also make provision--
    (a)  with respect to the provision and quality of independent advocacy services for all children using, or eligible to use, Part II services; and
    (b)  with respect to the provision and effectiveness of independent complaints procedures for children using, or eligible to use, Part II services.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
61     Page 11, line 11, leave out ("may") and insert ("shall") 
62     Page 11, line 12, leave out ("may") and insert ("shall") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
63     Page 11, line 15, leave out paragraphs (b) and (c) 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE
THE LORD ASTOR OF HEVER
 
64     Page 11, line 40, after ("services") insert (", including clinical treatment,") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
65     Page 11, line 47, at end insert ("and that relevant information about such treatment or services is available in an appropriate form to the public") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
66     Page 11, line 47, at end insert--
    ("(l)  make provision for the establishment of independent review panels to consider complaints not satisfactorily resolved under the arrangements set out in paragraph (j) above.")
 
  
BY THE LORD RIX
 
67     Page 11, line 50, at end insert ("and other residential provision for children living away from home") 
  
BY THE LORD HUNT OF KINGS HEATH
 
68     Page 12, line 3, at end insert--
    ("(ba)  imposing other requirements (in addition to those imposed by section 25 of the 1989 Act (use of accommodation for restricting liberty)) as to the placing of a child in accommodation provided for the purpose mentioned in paragraph (b), including a requirement to obtain the permission of any local authority who are looking after the child;")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS NICHOLSON OF WINTERBOURNE
 
69     Page 12, line 5, at end insert--
 
    ("(  )  Regulations made pursuant to this section may be made applicable--
    (a)  to establishments or agencies generally; or
    (b)  to specified categories of establishments or agencies; or
    (c)  to specified establishments or agencies.")
 
  
BY THE LORD RIX
 
70     Page 12, line 5, at end insert--
 
    ("(  )  Regulations may also make provision as to the management, including the physical management, of adults in residential and other settings.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
71     Page 12, line 9, at end insert--
 
    ("(7)  Standards set in relation to subsections (1) and (3) shall, where relevant, be consistent with standards applicable to services provided by the National Health Services body.")
 
  
After Clause 20
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
72     Insert the following new Clause-- 
     ("  .--(1)  The Health Service Commissioners Act 1993 shall be amended as follows.
 
    (2)  In section 2, after subsection (1)(g) insert--
      (h)  independent hospitals and independent clinics as defined in the Care Standards Act 2000.".
    (3)  In section 2, after subsection (2)(d) insert--
      (e)  independent hospitals and independent clinics as defined in the Care Standards Act 2000.".
    (4)  In section 2A, at the end of subsection (1)(a) insert "or as an independent provider".
 
    (5)  In section 2A, at the end of subsection (1)(b) insert "or as an independent provider".
 
    (6)  In section 2A, at the end of subsection (2)(a) insert "or as an independent provider".
 
    (7)  In section 2A, at the end of subsection (2)(b) insert "or as an independent provider".
Investigations by Health Service Commissioners.
  
Clause 21
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS NICHOLSON OF WINTERBOURNE
 
73     Page 12, line 10, leave out ("appropriate Minister") and insert ("Commission") 
  
BY THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
74     Page 12, line 10, leave out ("may") and insert ("shall") 
  
BY THE LORD RIX
 
75     Page 12, line 11, at end insert ("or to particular categories of service user") 
  
BY THE LORD NORTHBOURNE
THE EARL OF LISTOWEL
 
76     Page 12, line 11, at end insert--
 
    ("(  )  Different minimum standards may be set for different categories of need or for different categories of establishment or agency.")
 
  
BY THE LORD ASTOR OF HEVER
THE LORD CLEMENT-JONES
 
77     Page 12, line 11, at end insert--
 
    ("(2)  The appropriate Minister shall prepare and publish statements of national minimum standards applicable to specific conditions, disabilities or disorders requiring specialist care including standards for the care of people with autistic spectrum disorders.")
 
  
BY THE BARONESS NICHOLSON OF WINTERBOURNE
THE LORD CLEMENT-JONES
 
78     Page 12, line 12, leave out ("appropriate Minister") and insert ("Commission") 
79     Page 12, line 13, leave out ("he") and insert ("it") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
80     Page 12, line 14, at end insert--
 
    ("(  )  In preparing or amending the standards set out in the statements, the appropriate minister shall consult any persons whom he considers it appropriate to consult.")
 
81     Page 12, line 15, at end insert ("(but not so as to preclude the exercise of reasonable discretion)") 
82     Page 12, line 20, at end insert--
 
    ("(4)  No statement of national minimum standards shall be published under this section unless an order containing the statement has first been laid before each House of Parliament.")
 
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS BARKER
 
83     Page 12, line 20, at end insert--
 
    ("(4)  At the same time as the appropriate Minister prepares and publishes statements of national minimum standards under subsection (1) he shall simultaneously publish guidance as to the necessary level of resources which on the best available information are required by such establishments or agencies to achieve such standards.")
 
84     Page 12, line 20, at end insert--
 
    ("(4) At the same time as the appropriate Minister prepares and publishes statements of national minimum standards under subsection (1) he shall simultaneously publish guidance as to the necessary level of resources which he reasonably believes will be devoted by inspecting bodies or persons to ensuring that such national minimum standards are met.")
 
  
After Clause 21
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS NICHOLSON OF WINTERBOURNE
 
85     Insert the following new Clause-- 
 ("Codes of practice 
     .--(1)  The Commission shall prepare and issue codes of practice giving practical guidance on the standards which are to be observed whether in relation to the national minimum standards applicable to establishments or agencies or otherwise.
 
    (2)  The Commission shall, when requested to do so by the Secretary of State, prepare a code of practice dealing with the matters specified in the request.
 
    (3)  In preparing a code of practice the Commission shall carry out such consultations as it considers appropriate (which shall include the publication for public consultation of proposals relating to the code).
 
    (4)  The Commission may not issue a code of practice unless--
    (a)  a draft of it has been submitted to and approved by the Secretary of State and laid by him before both Houses of Parliament; and
    (b)  40 days (excluding any period when Parliament is dissolved or prorogued or when either House is adjourned for more than 4 days) have elapsed without either House resolving not to approve the draft.
    (5)  If the Secretary of State does not approve the draft code of practice submitted to him he shall give the Commission a written statement of his reasons.
 
    (6)  A code of practice issued by the Commission--
    (a)  shall come into effect on such day as the Secretary of State may by order appoint;
    (b)  may be revised in whole or in part, and re-issued by the Commission; and
    (c)  may be revoked by an order made by the Secretary of State at the request of the Commission.
    (7)  Where the Commission proposes to revise a code of practice--
    (a)  it shall comply with subsection (3) in relation to the revisions; and
    (b)  the other provisions of this section apply to the revised code of practice as they apply to a new code of practice.
    (8)  Failure to observe any provision of a code of practice does not of itself make a person liable to any proceedings, but any provision of a code which appears to a court or tribunal to be relevant to any question arising in any proceedings under this Act shall be taken into account in determining that question.
 
    (9)  The power to make an order under this section is exercisable by statutory instrument.
 
    (10)  Nothing in this section affects the Commission's powers apart from this section to give practical guidance on matters connected with its functions.")
Codes of practice.
  
BY THE LORD WEATHERILL
 
86     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State may grant exemption from the operation of the provisions of this Part in respect of any nursing home or mental nursing home as respects which he is satisfied that it is being, or will be, carried on in accordance with the practice and principles of the body known as the Church of Christ, Scientist.
 
    (2)  It shall be a condition of any exemption granted under this section that the home in question shall adopt and use the name of Christian Science house.
 
    (3)  An exemption granted under this section may at any time be withdrawn by the Secretary of State if it appears to him that the home in question is no longer being carried on in accordance with the said practice and principles.")
Power to exempt Christian Science houses.
 
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Prepared 12 January 2000