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

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Clause 28
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
87     Page 13, line 30, after ("information") insert ("other than medical records") 
88     Page 13, line 33, after ("time") insert ("in the event of an emergency, and
    (b)  during normal business hours in all other circumstances,")
 
89     Page 13, line 40, at end insert ("in order to discharge the functions of the registration authority") 
90     Page 14, line 3, after ("interview") insert ("in private") 
  
BY THE LORD RIX
 
91     Page 14, line 13, leave out ("with the consent of") and insert ("unless") 
92     Page 14, line 14, after ("(4)(b)") insert ("denies consent") 
93     Page 14, line 15, at end insert--
 
    ("(  )  Any interview or examination conducted under subsection (3)(f) or (5) shall not be conducted without affording the person concerned the opportunity to have a third person of their choice as an advocate, interpreter or chaperone.")
 
94     Page 14, line 15, at end insert--
 
    ("(  ) Any authorised inspector shall also consider whether to invite comments from relatives, advocates or friends of the service user.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
95     Page 14, line 15, at end insert--
 
    ("(5A) Any person interviewed in circumstances mentioned in subsections (3) and (5) may request and shall be entitled to independent representation during the interview.
 
    (5B) The entitlement to independent representation mentioned in subsection (5A) shall be brought to the attention of the person.
 
    (5C) A written record of the interview shall be taken and a copy of it given to the person.")
 
  
BY THE LORD RIX
 
96     Page 14, line 19, at end insert--
 
    ("(  ) A person authorised by the registration authority may, with the agreement of the householder including agreement as to the date and time, visit a private house in which domiciliary services are being provided by an agency, to assess the quality of those services.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
97     Page 14, line 21, leave out ("if so required") 
  
Clause 29
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
98     Page 15, line 11, at beginning insert ("Subject to subsection (7A) below,") 
99     Page 15, line 15, at beginning insert ("Subject to subsection (7A) below,") 
100     Page 15, line 19, at end insert--
 
    ("(7A)  Such copies of a report as are inspected by or passed to a member of the public shall not contain either the name or the address of any adopted or fostered child or of any person who--
    (a)  has parental responsibility for a child;
    (b)  is a foster parent with whom a child has been placed by a voluntary organisation.")
 
  
Clause 30
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
101     Page 15, line 25, at beginning insert ("Subject to subsection (3) below,") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
102     Page 15, line 25, leave out ("or") 
103     Page 15, line 25, after ("body") insert (", hospital or independent clinic") 
104     Page 15, line 33, at end insert--
 
    ("(  )  This section does not apply to individuals arranging their own care.")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
105     Page 15, line 33, at end insert--
 
    ("(3)  Subsections (1) and (2) shall not apply if a relevant function is discharged by a person, such as is described in subsection (2), arranging for the provision of his own care.")
 
  
Clause 34
 
  
BY THE LORD RIX
 
106     Page 16, line 34, at end insert (", including circumstances in which the interested party is in receipt of or has had an application for a direct payment") 
  
Clause 35
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
107     Page 16, line 41, leave out ("or by the recorded delivery service") 
  
Before Clause 40
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
108     Insert the following new Clause-- 
     ("  .  Local authorities shall secure that independent advocacy services are available to all children in their area who are living away from home.")Availability of independent advocacy services.
  
Clause 41
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
109     Page 18, line 29, after ("time") insert ("in the event of an emergency, and
    (b)  during normal business hours in all other circumstances,")
 
110     Page 18, line 38, at end insert--
 
    ("(2A)  Any person interviewed in circumstances mentioned in subsection (2) may request and shall be entitled to independent representation during the interview.
 
    (2B)  The entitlement to independent representation mentioned in subsection (2A) shall be brought to the attention of the person.
 
    (2C)  A written record of the interview shall be taken and a copy of it given to the person.")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
111     Page 19, line 2, at end insert ("and section 42") 
  
Clause 42
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
112     Page 19, line 25, at beginning insert ("Subject to subsection (6A) below,") 
113     Page 19, line 29, at beginning insert ("Subject to subsection (6A) below,") 
114     Page 19, line 33, at end insert--
 
    ("(6A)  Such copies of a report as are inspected by or passed to a member of the public shall not contain either the name or the address of any adopted or fostered child or of any person who--
    (a)  has parental responsibility for a child;
    (b)  is a local authority foster parent in relation to a child.")
 
  
Clause 44
 
  
BY THE LORD HUNT OF KINGS HEATH
 
115     Page 20, line 36, leave out ("be employed by") and insert ("work for") 
116     Page 20, line 42, leave out ("and types of staff to be employed by") and insert ("of persons, or persons of any particular type, working for") 
117     Page 21, line 1, leave out ("the staff") and insert ("such persons") 
118     Page 21, line 3, leave out ("the employment of persons by") and insert ("persons from working for") 
  
Clause 50
 
  
BY THE LORD LAMING
 
119     Page 21, line 34, leave out paragraphs (a) and (b) and insert ("a body corporate to be known as the General Social Care Council for the United Kingdom,") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
120     Page 22, line 14, at end insert--
 
("who shall ensure, in particular, that each Council has access to information relevant to the discharge of its functions")
 
  
Clause 51
 
  
BY THE LORD NORTHBOURNE
THE EARL OF LISTOWEL
 
121     Page 22, line 26, at end insert ("or") 
  
BY THE LORD RIX
 
122     Page 22, line 40, at end insert ("or otherwise in connection with the provision of day services") 
  
Clause 52
 
123     [Withdrawn] 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
123A     Page 23, line 12, at end insert--
 
    ("(5)  Each council shall publish, monitor and update a timetable for the training and registration of each and all types of social care workers.")
 
  
Clause 54
 
  
BY THE LORD ADDINGTON
THE LORD CLEMENT-JONES
 
124     Page 23, line 20, leave out paragraph (b) 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
125     Page 23, line 20, leave out from beginning to ("; and") and insert ("(b)  is in a state of health, both physical and mental, such as not to preclude him from competently engaging in relevant social work") 
  
Clause 58
 
  
BY THE LORD RIX
 
126     Page 25, line 15, at end insert ("subject to the exemption from any charge of a person having or proposing to have a direct payment") 
  
Clause 65
 
  
BY THE LORD ADDINGTON
THE LORD CLEMENT-JONES
 
127     Page 28, line 37, at end insert ("and this includes making information available in electronic format") 
  
BY THE LORD RIX
 
128     Page 28, line 40, at end insert ("subject to the exemption from any charges of a person having or proposing to have a direct payment") 
  
Clause 68
 
  
BY THE LORD HUNT OF KINGS HEATH
 
128A     Page 30, line 38, leave out from ("any") to ("is") in line 39 and insert ("day on which he does not act as a child minder at any time between 2 am and 6 pm") 
  
                                     
 
129     [Withdrawn] 
  
BY THE LORD LAMING
 
129A     Page 30, line 42, leave out from ("is") to end of line 45 and insert ("the National Care Standards Commission") 
  
BY THE LORD HUNT OF KINGS HEATH
 
129B     Page 31, line 5, leave out ("and every prescribed person") 
129C     Page 31, line 12, at end insert ("and appropriateness") 
129D     Page 31, line 29, after second ("condition") insert ("and appropriateness") 
129E     Page 34, line 21, leave out ("members of the public") and insert ("any person") 
  
BY THE LORD RIX
 
130     Page 37, line 36, after ("training") insert (", including disability equality training,") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
131     Page 38, line 27, at end insert--
        ("(  )  The Chief Inspector shall secure that registered inspectors receive appropriate training.")
 
132     Page 38, leave out lines 34 to 36 
133     Page 39, line 14, after ("care") insert ("(save that the names and addresses of individuals mentioned in any such report shall not be disclosed)") 
134     Page 39, leave out lines 25 to 38 
  
BY THE LORD HUNT OF KINGS HEATH
 
134A     Page 39, line 33, leave out ("examine") and insert ("inspect") 
134B     Page 40, line 11, after ("shall") insert (", in accordance with regulations,") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
135     Page 40, line 15, at end insert (";  and
    (c)  of such assistance to and co-operation with the Chief Inspector as he may require in furtherance of his duties under this section")
 
 
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Prepared 12 January 2000