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

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Clause 31
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
48     Page 16, line 11, after ("authority") insert (", hospital, independent clinic") 
  
BY THE LORD HUNT OF KINGS HEATH
 
49     Leave out Clause 31 
  
Clause 37
 
  
BY THE LORD HUNT OF KINGS HEATH
 
50     Leave out Clause 37 and insert the following new Clause-- 
     ("  .--(1)  The appropriate Minister may by order make a scheme for the transfer to the new employer of any eligible employee.
 
    (2)  In this section--
    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 Part;
    new employer" means the registration authority;
    old employer" means a local authority or a Health Authority.")
Transfers of staff under Part II.
  
Clause 40
 
  
BY THE LORD HUNT OF KINGS HEATH
 
51     Page 18, line 37, at end insert ("or by Health Authorities, Special Health Authorities, NHS trusts or Primary Care Trusts") 
  
After Clause 40
 
  
BY THE LORD WEATHERILL
 
52     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall grant exemption from the operation of the provisions of this Part of this Act in respect of any establishment or agency which provides nursing or personal care and which he is satisfied is being, or will be, carried on or managed in accordance with the practice and principles of the body known as the Church of Christ, Scientist.
 
    (2)  It shall be a condition of any exemption granted under this section that the establishment or agency in question shall adopt and use the name of Christian Science house and the agency in question shall adopt and use the name of Christian Science visiting nurse service.
 
    (3)  An exemption granted under this section may at any time be withdrawn by the Secretary of State if it appears to him that the establishment in question is no longer being carried on or managed in accordance with the said practice and principles.")
Exemption of Christian Science houses.
  
Before Clause 41
 
  
BY THE BARONESS DAVID
THE LORD CLEMENT-JONES
 
53     Insert the following new Clause-- 
     ("  .  Local authorities shall secure that independent advocacy services are available to all children in their area who are placed under the provisions of Part II of this Act.")Independent advocacy services.
  
Clause 42
 
  
BY THE LORD HUNT OF KINGS HEATH
 
54     Page 19, leave out lines 22 and 23 
55     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 45
 
  
BY THE LORD HUNT OF KINGS HEATH
 
56     Page 21, line 17, at end insert ("about the exercise by local authorities of relevant fostering functions, and may in particular make provision") 
57     Page 21, line 19, leave out ("relevant fostering") and insert ("such") 
  
Clause 51
 
  
BY THE LORD HUNT OF KINGS HEATH
 
58     Page 22, line 16, at end insert ("or Cyngor Gofal Cymru") 
59     Page 22, line 35, leave out from ("Council") to end of line 37 
  
Clause 52
 
  
BY THE LORD HUNT OF KINGS HEATH
 
60     Page 23, line 4, leave out ("is") 
61     Page 23, line 5, leave out ("engaged") and insert ("engages") 
62     Page 23, line 5, at end insert ("(referred to in this Part as a "social worker")") 
63     Page 23, line 6, at beginning insert ("is") 
64     Page 23, line 6, leave out ("at the premises") and insert ("for the purposes") 
65     Page 23, line 8, at beginning insert ("is") 
66     Page 23, line 15, at end insert--
    ("(  )  a person engaged in the provision of personal care for any person;
    (  )  a person engaged in the provision of relevant services (within the meaning of section 40);")
 
67     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 53
 
  
BY THE LORD HUNT OF KINGS HEATH
 
68     Page 23, line 24, leave out from ("of") to end of line 29 and insert--
    ("(a)  social workers; and
    (b)  social care workers of any other description specified by the appropriate Minister by order.
    (2)  There shall be a separate part of the register for social workers and for each description of social care workers so specified.")
 
  
Clause 55
 
  
BY THE LORD HUNT OF KINGS HEATH
 
69     Page 24, line 1, leave out from ("is") to second ("and") and insert ("physically and mentally fit to perform the whole or part of the work of persons registered in the part of the register to which his application relates;") 
70     Page 24, line 6, leave out from ("registration") to end of line 7 and insert ("as a social worker") 
  
Clause 56
 
  
BY THE LORD HUNT OF KINGS HEATH
 
71     Page 24, line 27, after ("in") insert ("a part of") 
  
Clause 57
 
  
BY THE LORD HUNT OF KINGS HEATH
 
72     Page 25, line 4, leave out ("an annual") and insert ("a periodic") 
  
Clause 58
 
  
BY THE LORD HUNT OF KINGS HEATH
 
73     Page 25, line 6, after ("person") insert ("who is not registered as a social worker in any relevant register") 
74     Page 25, line 8, leave out from ("is") to ("he") in line 14 and insert ("so registered, or in any way holds himself out as so registered") 
75     Page 25, line 14, at end insert--
 
    ("(  )  For the purposes of subsection (1), a register is a relevant register if it is--
    (a)  maintained by a Council; or
    (b)  a prescribed register maintained under a provision of the law of Scotland or Northern Ireland which appears to the appropriate Minister to correspond to the provisions of this Part.")
 
  
Clause 59
 
  
BY THE LORD HUNT OF KINGS HEATH
 
76     Page 25, line 20, at end insert ("; and
    (  )  standards of conduct and practice in relation to social care workers, being standards expected of persons employing or seeking to employ them")
 
77     Page 25, line 26, leave out from beginning to ("be") in line 27 and insert ("A code published by a Council shall") 
78     Page 25, line 31, leave out subsection (5) and insert--
 
    ("(5)  Local authorities making any decision about the conduct of any social care workers employed by them shall, if directed to do so by the Secretary of State, take into account any code published by the Council.")
 
  
Clause 61
 
  
BY THE LORD HUNT OF KINGS HEATH
 
79     Page 26, line 27, leave out from ("registration") to first ("the") in line 28 and insert ("as a social worker in") 
80     Page 26, line 34, leave out ("registration in that part of the register") and insert ("such registration") 
81     Page 26, line 40, leave out ("registration in that part") and insert ("such registration") 
82     Page 26, line 44, leave out from ("registration") to first ("the") in line 45 and insert ("as a social worker in") 
83     Page 27, line 6, leave out ("registration in that part of the register") and insert ("such registration") 
84     Page 27, line 12, leave out ("registration in that part") and insert ("such registration") 
85     Page 27, line 18, leave out from ("registration") to first ("the") in line 19 and insert ("as a social worker in") 
  
Clause 64
 
  
BY THE LORD HUNT OF KINGS HEATH
 
86     Page 28, line 42, leave out subsection (4) and insert--
 
    ("(4)  Any functions of the Secretary of State under this section--
    (a)  may be delegated by him to the English Council; or
    (b)  may be exercised by any person, or by employees of any person, authorised to do so by the Secretary of State.
    (4A)  For the purpose of determining--
    (a)  the terms and effect of an authorisation under subsection (4)(b); and
    (b)  the effect of so much of any contract made between the Secretary of State and the authorised person as relates to the exercise of the function,
 
 Part II of the Deregulation and Contracting Out Act 1994 shall have effect as if the authorisation were given by virtue of an order under section 69 of that Act; and in subsection (4)(b) "employee" has the same meaning as in that Part.")1994 c. 40.
  
Clause 65
 
  
BY THE LORD HUNT OF KINGS HEATH
 
87     Page 29, line 4, after ("Part") insert ("in respect of registration") 
88     Page 29, leave out line 9 
  
Clause 67
 
  
BY THE LORD HUNT OF KINGS HEATH
 
89     Page 29, line 26, at end insert ("under subsection (2A), or make any provision under subsection (2B), which She considers necessary or expedient in consequence of the functions of CCETSW referred to in subsection (1) ceasing, by virtue of that subsection, an Act of the Scottish Parliament or an Act of the Northern Ireland Assembly, to be exercisable in relation to any part of the United Kingdom.
 
    (2A)  A scheme may provide--
    (  )  for the transfer to the new employer of any eligible employee;")
 
90     Page 29, line 33, leave out subsections (3) to (5) and insert--
 
    ("(2B)  The Order in Council may make--
    (a)  any supplementary, incidental or consequential provision,
    (b)  any transitory, transitional or saving provision,
including provision amending Schedule 3 to that Act or repealing that Schedule, section 10 of that Act and any reference in any enactment to CCETSW.
 
    (2C)  In this section--
    eligible employee" means a person who is employed under a contract of employment with the old employer;
    new employer" means--
          (a)  in relation to England or Wales, the Council;
          (b)  in relation to Scotland or Northern Ireland, any body established under a provision of the law of Scotland or (as the case may be) Northern Ireland which appears to Her Majesty to perform functions corresponding to those of a Council;
    old employer" means CCETSW;
    property" includes rights and interests of any description.")
 
 
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