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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 Third 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 68
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
128ZA     Page 30, leave out lines 14 to 22 
  
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129     [Withdrawn] 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") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
129DA     Page 32, line 2, at end insert--
        ("(10) A person is defined as not "suitable" as specified in subsections (3)(a), (3)(b) and (4)(a) where--
      (a)  he is included in the list kept under section 1 of the Protection of Children Act 1999;
      (b)  he is included on the grounds mentioned in subsection (6ZA)(c) of section 218 of the Education Reform Act 1988 in the list kept for the purposes of regulations made under subsection (6) of that section;
      (c)  an order of a prescribed kind has been made at any time with respect to him;
      (d)  an order of a prescribed kind has been made at any time with respect to any child who has been in his care;
      (e)  a requirement of a prescribed kind has been imposed at any time with respect to such a child, under or by virtue of any enactment;
      (f)  he has at any time been refused registration under Part X or Part XA or any prescribed enactment or had any such registration cancelled;
      (g)  he has been convicted of any offence of a prescribed kind, or has been placed on probation or discharged absolutely or conditionally for any such offence;
      (h)  he has at any time been disqualified from fostering a child privately;
      (i)  a prohibition has been imposed on him at any time under section 69, section 10 of the Foster Children (Scotland) Act 1984 or any prescribed enactment;
      (j)  his rights and powers with respect to a child at any time been vested in a prescribed authority under a prescribed enactment.")
 
129DB*     Page 32, line 5, after ("Inspector") insert (", early years development and childcare partnerships") 
  
BY THE LORD HUNT OF KINGS HEATH
 
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 CLEMENT-JONES
THE BARONESS BARKER
 
134ZA     Page 39, leave out line 33 
  
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")
 
  
Clause 69
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
136     Page 41, line 20, leave out subsection (2) 
  
BY THE LORD RIX
 
137     Page 41, line 33, at end insert--
    ("(  )  an individual who is or has been employed in day services in a position which affords him regular contact with adults who use those services")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
138     Page 42, line 4, after ("whom") insert ("clinical or") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
139     Page 42, line 7, at end insert ("; or
    (d)  an adult who is elderly or who is mentally or learning disabled")
 
  
Clause 71
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
140     Page 42, line 29, at end insert ("proven") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD CLEMENT-JONES
 
140A*     Page 42, line 32, after ("resigned") insert (", been made redundant") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
141     Page 42, line 33, leave out (", or would have considered dismissing him,") 
  
BY THE LORD CLEMENT-JONES
 
142     Page 42, line 35, leave out paragraphs (c) and (d) 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD CLEMENT-JONES
 
142A*     Page 42, line 43, after ("resigned") insert (", been made redundant") 
142B*     Page 43, line 2, after ("resignation,") insert ("redundancy,") 
142C*     Page 43, line 5, after ("resigned") insert (", been made redundant") 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
143     Page 43, line 5, leave out (", or would have considered dismissing him,") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD CLEMENT-JONES
 
143A*     Page 43, line 14, at end insert ("if it appears to him that, unless such a listing is made, there will be a serious risk to a person's life, health or well being") 
143B*     Page 43, line 21, at end insert--
    ("(c)  afford the worker and the provider an opportunity to make oral representations to him;
    (d)  if at any stage he considers that the reference ought in fairness to be determined by the Tribunal, notify the parties and transfer the same to it; and
    (e)  decide whether or not to transfer the reference to the Tribunal for determination if the worker shall in writing so request prior to making any observations (and if the Secretary of State refuses such a request, the worker may appeal to the Tribunal against the refusal)")
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
144     Page 43, line 39, leave out (", or would have considered dismissing him,") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD CLEMENT-JONES
 
144A*     Page 43, line 40, after ("resigned") insert (",  been made redundant") 
144B*     Page 43, line 46, after ("resignation,") insert ("redundancy,") 
144C*     Page 43, line 48, at end insert--
 
    ("(10)  The Provider" in this section includes the National Care Standards Commission and references to a "care worker" include an individual who provides care for vulnerable adults.")
 
  
Clause 72
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
145     Page 44, line 21, leave out (", or would have considered dismissing him,") 
  
Clause 74
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
146     Page 45, line 46, after ("70") insert ("or section 1 of the 1999 Act") 
  
Clause 75
 
  
BY THE LORD PHILLIPS OF SUDBURY
THE LORD CLEMENT-JONES
 
146A*     Page 46, line 6, leave out ("a person who provides care to vulnerable adults") and insert ("any person who carries on or manages an establishment or agency of any description") 
146B*     Page 46, line 25, at end insert--
 
    ("(4)  The Secretary of State may by order add to the category of persons subject to this section.")
 
  
Clause 86
 
  
BY THE LORD NORTHBOURNE
 
147     Page 54, line 11, at end insert--
          ("(  )  The Secretary of State may publish different minimum standards for different categories of boarding schools.")
 
  
Clause 90
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 90 stand part of the Bill. 
  
Clause 95
 
  
BY THE EARL HOWE
THE LORD ASTOR OF HEVER
 
148     Page 57, line 19, at end insert--
 
    ("(3)  An order under subsection (1) amending or repealing an enactment, instrument or document shall be laid in draft before, and subject to approval by resolution of, each House of Parliament.")
 
 
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