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 Marshalled List of Amendments to the Care Standards Bill [H.L.] to be moved on Report in the House of Lords.

 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
Clause 2
 
  
BY THE EARL HOWE
 
1*     Page 2, line 23, at end insert--
 
    ("(  )  An independent hospital includes a hospital sited on property owned by the health service but which is not managed or controlled by the health service.")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
2     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.
  
BY THE EARL HOWE
 
3*     Page 2, line 35, at end insert--
 
    ("(  )  Independent Clinic does not include an establishment where the majority of services are provided by medical practitioners in pursuance of the National Health Service Act 1977 and where additional services outside that Act are provided.")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
4     Page 3, line 7, at end insert--
    ("(  )  except any description of undertaking from the definition in subsection (4A);")
 
  
Clause 3
 
  
BY THE LORD RIX
 
5     Page 3, line 13, leave out ("suffering from illness") and insert ("ill") 
6     Page 3, line 14, leave out ("suffering from disability or infirmity") and insert ("who are disabled or infirm") 
7     Page 3, line 15, leave out ("suffering from dependence") and insert ("dependent") 
  
Clause 4
 
  
BY THE LORD RIX
THE LORD CLEMENT-JONES
 
8     Page 3, line 41, at end insert--
 
    ("(  )  Day Services" means any centres or other facilities for daytime training or occupation, including arrangements for supporting people using facilities generally available to members of the public, funded or provided, directly or indirectly, by a public authority for the use of persons over pension age or persons with a physical or mental disability.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
9     Page 4, line 15, after ("home,") insert ("day services,") 
  
BY THE LORD HUNT OF KINGS HEATH
 
10     Page 4, line 22, after second ("to") insert ("an independent medical agency,") 
  
Clause 6
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
11     Page 4, line 40, at end insert--
 
    ("(  )  In the exercise of its functions the Commission shall give due consideration to the views of children affected by the provisions of this Act.")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
12     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
 
13     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
THE EARL HOWE
 
14     Page 5, line 3, at end insert ("including standards of clinical care provided in those services") 
  
BY THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS NICHOLSON OF WINTERBOURNE
 
15     Page 5, line 25, at end insert--
 
    ("(8)  Excepted services" means the provision of services referred to in subsections (7)(a) and (b).
 
    (9)  The Commission shall have the general duty of securing improvements in the quality of excepted services in independent hospitals (as defined in section 2) and shall carry out this duty through the contracting of inspections with the Commission for Health Improvement ("CHI") established by the Health Act 1999.
 
    (10)  For the purposes of subsection (9) above the Commission shall ensure that the relevant independent hospital pays the full economic costs of any inspection.
 
    (11)  The standards applied by CHI on any such inspection shall be those which it applies in any comparable inspection of a health service hospital.")
 
  
After Clause 7
 
  
BY THE BARONESS DAVID
 
16     Insert the following new Clause-- 
     ("  .  The Commission shall have the general duty of monitoring and promoting local authorities' duties under Part IX of the Children Act 1989 (private arrangements for fostering children).")Monitoring and promotion of fostering arrangements.
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
THE EARL HOWE
 
17     Insert the following new Clause-- 
     ("  .--(1)  The Commission shall institute procedures by which dissatisfaction with the dealing of complaints by independent hospitals may be expressed.
 
    (2)  In the event that the Commission is satisfied that a complaint is upheld it shall be entitled to take account of such complaint in exercising any of its duties under this Act.
 
    (3)  In the event that the Commission is satisfied that a complaint has not been properly dealt with by an agency or establishment it shall refer the matter to the Health Ombudsman.")
Complaints in respect of independent hospitals.
  
BY THE EARL HOWE
 
18*     Insert the following new Clause-- 
     ("  .--(1)  The Commission shall have the duty to define a standard assessment procedure and a standard set of criteria to be employed by local authorities in assessing the care needs of any person being considered for admission to a care home.
 
    (2)  The Secretary of State may by regulations require local authorities to implement the procedure and criteria referred to in subsection (1).")
Standard assessment procedures for care homes.
  
Clause 9
 
  
BY THE LORD HUNT OF KINGS HEATH
 
19     Page 5, line 37, leave out from ("begun,") to ("may") in line 38 and insert ("the person causing the inquiry to be held") 
20     Page 6, line 2, at end insert-- 
     ("(  )  Subsections (3) and (4) apply in relation to an inquiry under section 35 of the Government of Wales Act 1998 into any matter relevant to the exercise of the Assembly's registration functions as they apply in relation to an inquiry under this section.
 
    (  )  In this section "registration functions" means functions under this Act in connection with the registration of persons in respect of establishments and agencies.")
1998 c. 38.
21     Page 6, line 2, at end insert--
 
    ("(  )  The report of the person who held the inquiry shall, unless the Minister who caused the inquiry to be held considers that it would be inappropriate to publish it, be published in a manner which that Minister considers appropriate.")
 
  
Clause 10
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
22     Page 6, line 14, at end insert--
 
    ("(  )  Any person who privately fosters a child under the age of 16 for a consecutive period of 28 days or more without being registered under this Part shall be guilty of an offence.")
 
  
Clause 12
 
  
BY THE LORD RIX
 
23     Page 6, line 42, leave out ("(2)") and insert ("(1A)") 
24     Page 6, line 44, at end insert--
 
    ("(1A)  The registration authority shall, before reaching a decision on any such application, seek the views of any local bodies representing the categories of person for whom the establishment or agency would provide services.")
 
  
Clause 19
 
  
BY THE LORD HUNT OF KINGS HEATH
 
25     Page 10, line 27, leave out ("if the registration authority thinks appropriate,") 
  
Clause 21
 
  
BY THE LORD HUNT OF KINGS HEATH
 
26     Page 11, line 9, at beginning insert--
 
    ("(A1)  Regulations may impose in relation to establishments and agencies any requirements which the appropriate Minister thinks fit for the purposes of this Part and may in particular make any provision such as is mentioned in subsection (1), (3) or (4).")
 
27     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;") 
28     Page 11, line 34, at end insert--
 
    ("(  )  Regulations under paragraph (d) of subsection (1) may, in particular, make provision--
    (a)  as to the promotion and protection of the health of persons such as are mentioned in that paragraph;
    (b)  as to the control and restraint of adults accommodated in, or provided with services by, an establishment;
    (c)  as to the control, restraint and discipline of children accommodated in, or provided with services by, an establishment.
    (  )  Regulations under paragraph (e) of subsection (1) may, in particular, make provision--
    (a)  as to the promotion and protection of the health of children such as are mentioned in that paragraph;
    (b)  as to the control, restraint and discipline of such children.")
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
THE LORD RIX
 
29     Page 11, line 34, at end insert--
 
    ("(  )  Regulations under subsection (1)(d) shall include provisions for securing the protection of persons to whom that paragraph applies from possible or actual assault or intimidation on the part of other persons accommodated in the same establishment.")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
30     Page 11, line 35, leave out ("also") 
31     Page 12, line 21, leave out ("or independent clinic") and insert (", independent clinic or independent medical agency") 
32     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
 
33     Page 12, line 24, at end insert--
    ("(l)  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")
 
34     Page 12, line 24, at end insert--
    ("(  )  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 HUNT OF KINGS HEATH
 
35     Page 12, line 25, leave out ("also") 
36     Page 12, line 26, leave out paragraph (a) 
37     Page 12, line 30, leave out ("such") and insert ("children's") 
38     Page 12, line 38, leave out ("such") and insert ("children's") 
39     Page 12, line 39, leave out ("subsections (1) and (3)") and insert ("this section") 
  
After Clause 21
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
40     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 22
 
  
BY THE EARL HOWE
 
41*     Page 12, line 47, at end insert--
 
    ("(  )  In preparing or amending the standards set out in the statements, the appropriate minister shall consult any person whom he considers it appropriate to consult.")
 
42*     Page 13, line 6, 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.")
 
  
Clause 29
 
  
BY THE LORD HUNT OF KINGS HEATH
 
43     Page 14, leave out lines 32 and 33 
44     Page 14, line 34, after ("interview") insert ("in private") 
45     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.")
 
46     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.")
 
  
BY THE EARL HOWE
 
47*     Page 15, line 4, at end insert ("in a manner appropriate to the nature of the activity carried out on the premises") 
 
continue to next page
 
House of Lords home page Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2000
Prepared 27 March 2000