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

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Clause 91
 
  
BY THE EARL HOWE
THE BARONESS EMERTON
 
138*     Leave out Clause 91 
  
After Clause 92
 
  
BY THE LORD HUNT OF KINGS HEATH
 
139     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.
140     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      (b)  has effect from the date of transfer as if originally made between the employee and the transferee.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.
  
Clause 95
 
  
BY THE LORD HUNT OF KINGS HEATH
 
141     Page 57, line 5, leave out ("of the Secretary of State") and insert ("conferred on the Secretary of State, the Assembly") 
142     Page 57, line 6, after ("Act") insert ("except an order under section 37 or 69(2A)") 
  
BY THE EARL HOWE
 
143*     Page 57, line 7, at end insert--
        ("(1A)  An order making any provision by virtue of section 96(2) which adds to, replaces or omits any part of the text of an Act shall not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.")
 
144*     Page 57, line 8, leave out ("Any such statutory instrument") and insert ("Subject to subsection (1A), an instrument containing regulations or an order") 
145*     Page 57, line 9, leave out from ("98") to ("shall") in line 10 
  
BY THE LORD HUNT OF KINGS HEATH
 
146     Page 57, line 13, leave out from ("the") to end of line and insert ("Assembly to make regulations or an order under this Act; and subsections (4) and (5) apply to any power of Her Majesty to make an Order in Council under section 67") 
147     Page 57, line 28, leave out ("Minister") and insert ("person exercising the power") 
  
Clause 96
 
  
BY THE LORD HUNT OF KINGS HEATH
 
148     Page 57, line 35, leave out (", instrument or document") and insert ("or instrument") 
  
Clause 97
 
  
BY THE LORD HUNT OF KINGS HEATH
 
149     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;")
 
150     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).")
 
151     Page 59, line 3, at end insert--
        ("(  )  References in this Act to a child's being looked after by a local authority shall be construed in accordance with section 22 of the 1989 Act.")
 
152     Page 59, line 5, at end insert-- 
 
        ("(4A)  Section 84(1) of the Government of Wales Act 1998 (payment of Assembly receipts into the Consolidated Fund) does not apply to any sums received by the Assembly by virtue of any provision of this Act.")
1998 c. 38.
153     Page 59, line 8, at end insert--
        ("(5A)  Subsection (5) does not affect the power to make further Orders varying or omitting that reference.")
 
154     Page 59, leave out line 20 
155     Page 59, line 26, at end insert-- 
 
("Independent clinic and independent medical agency Section 2")
 
156     Divide Clause 97 into two Clauses, the first (Wales) to consist of subsections (4A), (5) and (5A) and the second (General interpretation etc.) to consist of subsections (1) to (4) and (6) 
  
Clause 98
 
  
BY THE LORD HUNT OF KINGS HEATH
 
157     Page 59, line 30, after ("except") insert ("section 67(2) to (2C) and") 
  
Clause 99
 
  
BY THE LORD HUNT OF KINGS HEATH
 
158     Page 59, line 36, leave out ("extends") and insert ("and, so far as relating to subsections (2) to (2C) of that section, sections (Schemes for the transfer of staff), (Effect of schemes) and 95 extend") 
  
Schedule 1
 
  
BY THE LORD HUNT OF KINGS HEATH
 
159     Page 60, line 6, at end insert--
        ("(2)  In this Schedule, in relation to the Welsh Council--
      (a)  references to the Secretary of State or to Parliament are to be read as references to the Assembly;
      (b)  references to the Comptroller and Auditor General are to be read as references to the Auditor General for Wales.")
 
160     Page 60, line 16, at end insert--
      ("(  )  co-operating with other public authorities in the United Kingdom;")
 
  
BY THE LORD CLEMENT-JONES
THE BARONESS BARKER
 
161     Page 60, line 24, at end insert ("and two of the members of each such authority shall be current users of services regulated under this Act") 
  
BY THE EARL HOWE
 
162*     Page 60, line 24, at end insert--
        ("(  )  The members of the Commission to be appointed shall be such as in the opinion of the Secretary of State possess skills appropriate to the discharge of the Commission's functions, with particular regard to the inspection and assessment of nursing, personal and clinical care.")
 
163*     Page 60, line 24, at end insert--
        ("(  )  The English Council and the Welsh Council shall each have such members appointed to it as, in the opinion of the Secretary of State, possess skills appropriate to the discharge of the Council's functions.")
 
164*     Page 60, line 24, at end insert--
        ("(  )  The members shall include the chief officer, the childrens' rights director and the regulation of independent healthcare director appointed under paragraphs 8, 10 and 10A of this Schedule.")
 
  
BY THE EARL HOWE
THE LORD CLEMENT-JONES
 
165*     Page 60, line 24, at end insert--
        ("(  )  Where the director of private and voluntary healthcare is not the chairman of the committee established under paragraph 6A of this Schedule the members of the Commission shall also include the chairman of that committee.")
 
166*     Page 60, line 39, at end insert--
        ("6A.--(1)  The Secretary of State shall by regulations make provision as to--
      (a)  the appointment of and constitution of a committee of the Commission to exercise such of its functions under this Act in relation to independent hospitals and independent clinics as shall be prescribed;
      (b)  the appointment of a chairman and not less than four other members of that committee (which may include persons who are not members of the Commission but shall include the director of private and voluntary healthcare and a member of the Commission for Health Improvement);
      (c)  the tenure of office of the chairman and other members of that committee (including the circumstances in which they cease to hold office or may be removed or suspended from office);
      (d)  the appointment of, constitution of and exercise of functions by sub-committees of that committee (including sub-committees which consist of or include persons who are not members of the committee);
      (e)  the procedure of the committee and of any sub-committees of it (including the validation of proceedings in the event of vacancies or defects in appointment).
        (2)  The chairman and chief officer of the committee constituted under the preceding sub-paragraph--
      (a)  shall be appointed members of the Commission; and
      (b)  shall be persons other than the chairman and chief officer of the Commission.")
 
  
BY THE EARL HOWE
 
167*     Page 61, line 2, after ("chairman") insert ("and the chairman of the committee constituted under paragraph 6A") 
  
BY THE LORD HUNT OF KINGS HEATH
 
168     Page 61, line 6, after ("must") insert ("pay or") 
169     Page 61, line 12, after ("him") insert ("or make provision for the payment to him of") 
  
BY THE EARL HOWE
 
170*     Page 61, line 15, after ("authority") insert ("and of the committee constituted under paragraph 6A") 
171*     Page 61, line 15, leave out second ("is") and insert ("are") 
172*     Page 61, line 15, leave out ("a member") and insert ("members") 
173*     Page 61, line 16, leave out ("is") and insert ("are") 
174*     Page 61, line 18, after ("officer") insert ("of each authority") 
175*     Page 61, line 19, at end insert ("and the chief officer of the committee shall be the director of private and voluntary healthcare who shall be appointed on such terms and conditions as the Commission may determine") 
  
BY THE LORD HUNT OF KINGS HEATH
 
176     Page 61, leave out lines 20 to 22 and insert--
        ("(3)  Any subsequent chief officer is to be appointed by the authority.")
 
177     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.")
 
  
BY THE EARL HOWE
 
178*     Page 61, line 33, at end insert-- 
 ("Regulation of independent healthcare director 
 
        10A.--(1)  The Commission shall appoint a regulation of independent healthcare director who is to be a member of the staff of the Commission.
        (2)  The regulation of independent healthcare director shall have such functions as may be prescribed.")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
179     Page 61, line 36, leave out from ("(3)") to ("on") in line 37 and insert ("staff appointed by an authority are to be appointed") 
180     Page 61, leave out lines 39 to 43 and insert--
        ("(2A)  Without prejudice to its powers apart from this paragraph, an authority may pay, or make provision for the payment of--
      (a)  pensions, allowances or gratuities;
      (b)  compensation for loss of employment or for reduction of remuneration,
    to or in respect of staff appointed by them.
        (3)  The Secretary of State may give directions as to--
      (a)  the appointment of staff by an authority (including any conditions to be fulfilled for appointment);
      (b)  their terms and conditions; and
      (c)  any other provision that may be made by the authority under sub-paragraph (2A).
        (3A)  Sub-paragraphs (2A) and (3)(c) apply to the first chief officer as they apply to other staff.")
 
  
BY THE EARL HOWE
 
181*     Page 61, line 43, at end insert ("; and
      (  )  the training of inspectors")
 
  
BY THE LORD HUNT OF KINGS HEATH
 
182     Page 62, leave out lines 5 and 6 
  
BY THE EARL HOWE
 
183*     Page 62, line 5, after ("director") insert ("and the regulation of independent healthcare director") 
  
BY THE LORD HUNT OF KINGS HEATH
 
184     Page 62, line 21, leave out from ("may") to ("make") 
185     Page 63, leave out line 40 
186     Page 64, line 3, at end insert-- 
 
        ("  .  In the Government of Wales Act 1998--
      (a)  in section 118(2) (meaning of "Welsh public records"), after "referred to in subsection (1)(e) are--" there shall be inserted--
 
      (aa)  the Care Council for Wales;"
      (b)  in Schedule 4 (public bodies subject to reform by Assembly), after paragraph 3 there shall be inserted--
 
      3A. The Care Council for Wales." and
      (c)  in paragraph 14(2) of Schedule 9 (bodies subject to investigation by the Welsh Administration Ombudsman), after paragraph (a) there shall be inserted--
 
      (ab)  the Care Council for Wales;"")1998 c. 38.
187     Page 64, line 4, leave out paragraph 26 
 
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