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
 
91     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.")
 
92     Page 36, line 8, leave out ("the Tribunal") and insert ("a justice of the peace") 
93     Page 36, line 14, leave out ("Tribunal") and insert ("justice") 
94     Page 36, line 19, leave out ("Tribunal") and insert ("justice") 
95     Page 36, line 21, leave out ("date on which") and insert ("time when") 
96     Page 36, line 22, leave out ("ex parte") and insert ("without notice") 
97     Page 36, line 23, leave out from ("parte") to end of line 24 
98     Page 36, line 24, at end insert--
 
    ("(  )  An order under subsection (1) shall be made in writing.")
 
99     Page 36, leave out line 29 and insert--
    ("(a)  a copy of the order;")
 
100     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.")
 
101     Page 36, leave out lines 32 to 47 
102     Page 37, leave out lines 27 to 40 
103     Page 37, line 43, leave out ("this section") and insert ("section 79LA") 
104     Page 37, line 44, at end insert-- 
 ("Appeals.     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.")
 
105     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.
106     Page 39, line 41, leave out from ("report") to ("as") in line 42 and insert ("under subsection (2)") 
107     Page 39, line 44, at end insert-- 
 ("Inspection: Wales 
 <~et>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.
108     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
 
109     Page 41, line 44, leave out ("This section applies") and insert ("Subsections (2) to (7) apply") 
110     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 72
 
  
BY THE EARL HOWE
 
111*     Page 43, line 14, leave out (", or would have considered dismissing him,") 
112*     Page 43, line 30, leave out (", or would have considered dismissing him,") 
  
BY THE LORD PHILLIPS OF SUDBURY
THE EARL HOWE
THE LORD CLEMENT-JONES
 
113*     Page 43, line 39, at end insert ("if it appears to him that, unless such a provisional listing is made, there is a risk that any person will suffer significant harm.") 
114*     Page 43, line 46, at end insert--
      ("(c)  afford the worker and the provider an opportunity to make oral representation to him; and
      (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.")
 
  
BY THE EARL HOWE
 
115*     Page 44, line 18, leave out ("or would have considered dismissing him") 
  
Clause 73
 
  
BY THE EARL HOWE
 
116*     Page 45, line 2, leave out (", or would have considered dismissing him,") 
  
Clause 75
 
  
BY THE LORD HUNT OF KINGS HEATH
 
117     Page 46, line 24, at beginning insert ("Subject to section (Conditions for application under section 75),") 
118     Page 46, line 24, leave out ("has been included (otherwise than provisionally)") and insert ("is included") 
119     Page 46, line 25, leave out ("for a continuous period of at least ten years") 
120     Page 46, line 30, leave out ("not") 
121     Page 46, line 30, leave out ("remains") and insert ("is no longer") 
  
After Clause 75
 
  
BY THE LORD HUNT OF KINGS HEATH
 
122     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
 
123     Page 51, line 37, leave out ("registration") and insert ("appropriate") 
124     Page 52, line 14, leave out ("registration") and insert ("appropriate") 
  
Clause 86
 
  
BY THE LORD HUNT OF KINGS HEATH
 
125     Page 53, line 22, leave out ("registration") and insert ("appropriate") 
126     Page 53, line 25, leave out ("registration") and insert ("appropriate") 
127     Page 53, line 27, leave out ("registration") and insert ("appropriate") 
128     Page 53, line 30, leave out ("registration") and insert ("appropriate") 
129     Page 53, line 42, leave out ("registration") and insert ("appropriate") 
130     Page 53, line 44, leave out ("registration") and insert ("appropriate") 
131     Page 53, line 48, leave out ("registration") and insert ("appropriate") 
132     Page 54, line 2, leave out ("registration") and insert ("appropriate") 
133     Page 54, line 4, leave out ("registration") and insert ("appropriate") 
134     Page 54, line 21, leave out ("registration") and insert ("appropriate") 
  
Clause 87
 
  
BY THE LORD HUNT OF KINGS HEATH
 
135     Page 54, line 33, leave out ("registration") and insert ("appropriate") 
  
Clause 88
 
  
BY THE LORD HUNT OF KINGS HEATH
 
136     Page 54, line 45, leave out ("registration") and insert ("appropriate") 
137     Page 55, line 2, leave out ("registration") and insert ("appropriate") 
 
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