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

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Clause 69
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 32, line 12, at end insert--
 
    ("(  )  For the purposes of subsection (4)(b) a person is not treated as working on the premises in question if--
    (a)  none of his work is done in the part of the premises in which children are looked after; or
    (b)  he does not work on the premises at times when children are looked after there.")
 
     Page 36, line 8, leave out ("the Tribunal") and insert ("a justice of the peace") 
     Page 36, line 14, leave out ("Tribunal") and insert ("justice") 
     Page 36, line 19, leave out ("Tribunal") and insert ("justice") 
     Page 36, line 21, leave out ("date on which") and insert ("time when") 
     Page 36, line 22, leave out ("ex parte") and insert ("without notice") 
     Page 36, line 23, leave out from ("parte") to end of line 24 
     Page 36, line 24, at end insert--
 
    ("(  )  An order under subsection (1) shall be made in writing.")
 
     Page 36, leave out line 29 and insert--
    ("(a)  a copy of the order;")
 
     Page 36, line 30, leave out from first ("of") to end of line 31 and insert ("any written statement of the authority's reasons for making the application for the order which supported that application; and
    (c)  notice of any right of appeal conferred by section 79LA.")
 
     Page 36, leave out lines 32 to 47 
     Page 37, leave out lines 27 to 40 
     Page 37, line 43, leave out ("this section") and insert ("section 79LA") 
     Page 37, line 44, at end insert-- 
 ("Appeal to Tribunal.     79LA.--(1)  An appeal against--
    (a)  the taking of any step mentioned in section 79L(1); or
    (b)  an order under section 79K,
shall lie to the Tribunal.
 
    (2)  On an appeal, the Tribunal may--
    (a)  confirm the taking of the step or the making of the order or direct that it shall not have, or shall cease to have, effect; and
    (b)  impose, vary or cancel any condition.")
 
     Page 39, line 6, at end insert ("; and 
  
      (d)  in paragraph 10(2), for the words from "to a tribunal" to the end there shall be substituted "to the Tribunal established under section 9 of the Protection of Children Act 1999"")
1999 c. 14.
     Page 39, line 41, leave out from ("report") to ("as") in line 42 and insert ("under subsection (2)") 
     Page 39, line 44, at end insert-- 
 ("Inspection: Wales 
 General functions of the Assembly.     79QA.  The Assembly may secure the provision of training for persons who provide or assist in providing child minding or day care. 
 Inspection: Wales.     79QB.--(1)  The Assembly may by regulations make provision--
    (a)  for the inspection of the quality and standards of child minding provided in Wales by registered persons and of day care provided by registered persons on premises in Wales;
 
  
      (b)  for the publication of reports of the inspections in such manner as the Assembly considers appropriate.
        (2)  The regulations may provide for the inspections to be organised by--
      (a)  the Assembly; or
      (b)  the Chief Inspector of Schools in Wales, or any other person, under arrangements made with the Assembly.
 
  
        (3)  The regulations may provide for subsections (2) to (4) of section 42A of the School Inspections Act 1996 to apply with modifications in relation to the publication of reports under the regulations.")
1996 c. 57.
     Page 41, line 38, at end insert--
        ("(2A)  The appropriate Minister may by order make a scheme for the transfer to the new employer of any eligible employee.
        (2B)  In subsection (2A)--
      eligible employee" means a person who is employed under a contract of employment with an old employer on work which would have continued but for the provisions of this section;
      new employer" means the registration authority (within the meaning of Part XA of the 1989 Act) and, in relation to Wales, includes the Chief Inspector of Schools in Wales;
      old employer" means a local authority.")
 
  
Clause 70
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 41, line 44, leave out ("This section applies") and insert ("Subsections (2) to (7) apply") 
     Page 42, line 39, at end insert--
        ("(  )  Regulations for the purposes of this section or section 78 may only be made by the Secretary of State; and before making any regulations for the purposes of this section the Secretary of State shall consult the Assembly.")
 
  
Clause 75
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 46, line 24, at beginning insert ("Subject to section (Conditions for application under section 75),") 
     Page 46, line 24, leave out ("has been included (otherwise than provisionally)") and insert ("is included") 
     Page 46, line 25, leave out ("for a continuous period of at least ten years") 
     Page 46, line 30, leave out ("not") 
     Page 46, line 30, leave out ("remains") and insert ("is no longer") 
  
After Clause 75
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Insert the following new Clause-- 
 
        ("  .--(1)  An individual may only make an application under section 75 with the leave of the Tribunal.
        (2)  An application for leave under this section may not be made unless the appropriate conditions are satisfied in the individual's case.
        (3)  In the case of an individual who was a child when he was included (otherwise than provisionally) in the list, the appropriate conditions are satisfied if--
      (a)  he has been so included for a continuous period of at least five years; and
      (b)  in the period of five years ending with the time when he makes the application under this section, he has made no other such application.
        (4)  In the case of any other individual, the appropriate conditions are satisfied if--
      (a)  he has been included (otherwise than provisionally) in the list for a continuous period of at least ten years; and
      (b)  in the period of ten years ending with the time when he makes the application under this section, he has made no other such application.
        (5)  The Tribunal shall not grant an application under this section unless it considers--
      (a)  that the individual's circumstances have changed since he was included (otherwise than provisionally) in the list, or, as the case may be, since he last made an application under this section; and
      (b)  that the change is such that leave should be granted.")
Conditions for application under section 75.
  
Clause 85
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 51, line 37, leave out ("registration") and insert ("appropriate") 
     Page 52, line 14, leave out ("registration") and insert ("appropriate") 
  
Clause 86
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 53, line 22, leave out ("registration") and insert ("appropriate") 
     Page 53, line 25, leave out ("registration") and insert ("appropriate") 
     Page 53, line 27, leave out ("registration") and insert ("appropriate") 
     Page 53, line 30, leave out ("registration") and insert ("appropriate") 
     Page 53, line 42, leave out ("registration") and insert ("appropriate") 
     Page 53, line 44, leave out ("registration") and insert ("appropriate") 
     Page 53, line 48, leave out ("registration") and insert ("appropriate") 
     Page 54, line 2, leave out ("registration") and insert ("appropriate") 
     Page 54, line 4, leave out ("registration") and insert ("appropriate") 
     Page 54, line 21, leave out ("registration") and insert ("appropriate") 
  
Clause 87
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 54, line 33, leave out ("registration") and insert ("appropriate") 
  
Clause 88
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Page 54, line 45, leave out ("registration") and insert ("appropriate") 
     Page 55, line 2, leave out ("registration") and insert ("appropriate") 
  
After Clause 92
 
  
BY THE LORD HUNT OF KINGS HEATH
 
     Insert the following new Clause-- 
 
        ("  .--(1)  This section and the next apply to a scheme made under section 37, 67 or 69(2A) for transferring eligible employees.
        (2)  Subject to those provisions, such a scheme may apply to all, or any description of, employees or to any individual employee.
        (3)  Such a scheme may be made by the appropriate Minister, and a recommendation may be made to Her Majesty in Council to make an Order containing such a scheme, only if any prescribed requirements about consultation have been complied with in relation to each of the employees to be transferred under the scheme.")
Schemes for the transfer of staff.
     Insert the following new Clause-- 
 
        ("  .--(1)  The contract of employment of an employee transferred under the scheme--
      (a)  is not terminated by the transfer; and
      (b)  has effect from the date of transfer as if originally made between the employee and the transferee.
        (2)  Where an employee is transferred under the scheme--
      (a)  all the rights, powers, duties and liabilities of the old employer under or in connection with the contract of employment are by virtue of this subsection transferred to the transferee on the date of transfer; and
      (b)  anything done before that date by or in relation to the old employer in respect of that contract or the employee is to be treated from that date as having been done by or in relation to the transferee.
        This subsection does not prejudice the generality of subsection (1).
        (3)  Subsections (1) and (2) do not transfer an employee's contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if he informs the old employer or the transferee that he objects to the transfer.
        (4)  Where an employee objects as mentioned in subsection (3), his contract of employment with the old employer is terminated immediately before the date of transfer; but he is not to be treated, for any purpose, as having been dismissed by that employer.
        (5)  This section does not prejudice any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions.
        But no such right arises by reason only that, by virtue of this section, the identity of his employer changes unless the employee shows that, in all the circumstances, the change is a significant change and is to his detriment.
        (6)  In this section--
      date of transfer" means the date of transfer determined under the scheme in relation to the employee;
      transferee" means the new employer to whom the employee is or would be transferred under the scheme;
    and expressions used in this section and in the provision under which the scheme is made have the same meaning as in that provision.")
Effect of schemes.
 
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Prepared 22 March 2000