House of Lords portcullis
House of Lords
Session 1999-2000
Publications on the internet
Other Bills before Parliament
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 Amendments to the Care Standards Bill [H.L.] to be moved on Report in the House of Lords.

  
Clause 2
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 2, line 34, leave out from ("provided") to end of line 35 and insert ("by medical practitioners (whether or not any services are also provided for the purposes of the establishment elsewhere). 
     But an establishment in which, or for the purposes of which, services are provided by medical practitioners in pursuance of the National Health Service Act 1977 is not an independent clinic.
 
    (4A)  Independent medical agency" means an undertaking (not being an independent clinic) which consists of or includes the provision of services by medical practitioners.
1977 c. 49.
     But if any of the services are provided for the purposes of an independent clinic, or by medical practitioners in pursuance of the National Health Service Act 1977, it is not an independent medical agency.")1977 c. 49.
     Page 3, line 7, at end insert--
    ("(  )  except any description of undertaking from the definition in subsection (4A);")
 
  
Clause 4
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 4, line 22, after second ("to") insert ("an independent medical agency,") 
  
Clause 6
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
     Page 4, line 41, at end insert--
 
    ("(4)  Regulations under this section shall correspond to section 23(2) and section 23(3) of the Health Act 1999 with respect to the disclosure of confidential information that relates to and identifies a living individual.")
 
  
After Clause 6
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
     Insert the following new Clause-- 
     ("  .  There shall be a body corporate, to be known as the Welsh Care Standards Commission, which shall exercise in relation to Wales functions conferred on it by the Assembly in relation to services provided by persons registered under Part II of this Act.")Welsh Care Standards Commission.
  
Clause 7
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
     Page 5, line 3, at end insert ("including standards of clinical care provided in those services") 
  
Clause 21
 
  
BY THE LORD HUNT OF KINGS HEATH
[In substitution for the third amendment to Clause 21 printed on sheet
HL Bill 18(c)
]
 
     Page 11, line 16, leave out from ("in") to end of line 17 and insert ("an establishment or provided with services by an establishment, an independent medical agency or a domiciliary care agency") 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 12, line 21, leave out ("or independent clinic") and insert (",independent clinic or independent medical agency") 
     Page 12, line 23, leave out ("the establishment") and insert ("or for the purposes of the establishment or (as the case may be) for the purposes of the agency") 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
     Page 12, line 24, at end insert--
 
    ("(1)  make provision requiring the person who carries on, or manages, an independent hospital or independent clinic to ensure procedures, agreed with the medical practitioners working in that establishment, are in place to implement clinical governance in respect of that establishment")
 
  
Clause 29
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 14, leave out lines 32 and 33 
     Page 14, line 34, after ("interview") insert ("in private") 
     Page 14, line 38, at end insert--
 
    ("(  )  The powers under subsection (3)(b) include--
    (a)  power to require the manager or the person carrying on the establishment or agency to produce any records, wherever kept, for inspection on the premises; and
    (b)  in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.")
 
     Page 14, line 46, at end insert--
 
    ("The powers conferred by this subsection may be exercised in relation to a person who is incapable of giving consent without that person's consent.")
 
  
Clause 40
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 18, line 37, at end insert ("or by Health Authorities, Special Health Authorities, NHS trusts or Primary Care Trusts.") 
  
Clause 42
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 19, leave out lines 22 and 23 
     Page 19, line 24, at end insert--
 
    ("(  )  The powers under subsection (2)(a) include--
    (a)  power to require the local authority to produce any records, wherever kept, for inspection on the premises; and
    (b)  in relation to records which are kept by means of a computer, power to require the records to be produced in a form in which they are legible and can be taken away.")
 
  
Clause 52
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 23, line 22, at end insert--
 
    ("(  )  An establishment is a day centre if it provides nursing or personal care wholly or mainly for persons mentioned in section 3(2), but does not provide accommodation for them.")
 
  
Clause 97
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 58, line 6, leave out from (""harm"") to end of line and insert--
    ("(a)  in relation to an adult who is not mentally impaired, means ill-treatment or the impairment of health;
    (b)  in relation to an adult who is mentally impaired, or a child, means ill-treatment or the impairment of health or development;")
 
     Page 58, line 47, at end insert--
    ("(  )  an adult is mentally impaired if he is in a state of arrested or incomplete development of mind (including a significant impairment of intelligence and social functioning).")
 
     Page 59, leave out line 20 
     Page 59, line 26, at end insert-- 
 
("Independent clinic and independent medical agency Section 2")
 
  
Schedule 1
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 61, line 33, at end insert--
 
    (".--(1) The Commission shall appoint a director of private and voluntary health care, who is to be a member of the staff of the Commission.
 
    (2)  The director shall have such functions as may be prescribed.")
 
     Page 62, leave out lines 5 and 6 
  
Schedule 3
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 69, line 9, at end insert--
 
    ("(  )  In section 19(1)(c) (review of provision of day care), for "section 71(1)(b)" there shall be substituted "Part XA".")
 
     Page 70, line 8, at end insert--
    ("(  )  in subsection (1)(i), after "71(1)(b)" there shall be added "or with respect to which a person is registered for providing day care under Part XA";")
 
     Page 70, line 10, at end insert--
 
    ("(  )  in subsection (5), after paragraph (h) there shall be inserted--
      (hh)  person who is the occupier of any premises--
            (i)  in which any person required to be registered for child minding under Part XA acts as a child minder (within the meaning of that Part); or
            (ii)  with respect to which a person is required to be registered under that Part for providing day care;"")
 
     Page 71, line 37, leave out ("In section 467(2) of the Education Act 1996,") and insert ("The Education Act 1996 shall be amended as follows.
 
    (  )  In section 467(2) (provision of information about registered and provisionally registered schools),")
 
     Page 71, line 38, at end insert--
 
    ("(  )  In section 469(4) (notice of complaint by Secretary of State), after "school is" there shall be inserted "unsuitable to work with children or is for any other reason"")
 
     Page 71, line 39, leave out from ("471(2)(a)") to end of line 41 and insert ("(determination of complaint by Secretary of State), after "school is" there shall be inserted "unsuitable to work with children or is for any other reason"") 
     Page 72, line 5, leave out ("115(6A)") and insert ("115") 
     Page 72, line 5, after ("certificates),") insert--
    ("(  )  in subsection (5)(e), for "or" there shall be substituted "registration for child minding or providing day care under Part XA of that Act or registration";
    (  )  in subsection (6A)")
 
     Page 72, line 20, after ("under") insert (", or by virtue of,") 
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 23 March 2000