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Amendments to the Care Standards Bill [H.L.]

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

  


COMMONS AMENDMENTS

 

[The page and line refer to Bill 105 as first printed for the Commons.]

Amendment
No.
 
  
Clause 1
 
1     Page 1, line 8, leave out ("This section has") and insert ("Subsections (2) to (6) have") 
2     Page 1, line 13, at end insert ("or by a foster parent") 
3     Page 2, line 4, leave out from beginning to ("or") in line 6 
4     Page 2, line 8, after ("is") insert ("of a description") 
5     Page 2, line 11, leave out ("An independent") and insert ("A") 
6     Page 2, line 20, at end insert--
 
    ("But accommodation shall not for the purposes of paragraph (a) be regarded as provided to children for a number of days unless there is at least one child to whom it is provided for that number of days; and paragraph (b) shall be construed accordingly.")
 
7     Page 2, line 20, at end insert--
 
    ("(  )  For the purposes of this section a person is a foster parent in relation to a child if--
    (a)  he is a local authority foster parent in relation to the child;
    (b)  he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or
    (c)  he fosters the child privately.")
 
  
Clause 2
 
8     Page 2, line 27, after ("illness") insert ("or mental disorder") 
9     Page 2, line 27, after ("illness") insert ("or palliative care") 
10     Page 3, leave out line 11 
  
Clause 3
 
11     Page 3, line 23, at end insert--
    ("(  )  persons who have or have had a mental disorder;")
 
12     Page 3, line 30, after ("is") insert ("of a description") 
  
Clause 4
 
13     Page 4, line 10, leave out from ("agency") to end of line 11 and insert ("or employment business, being (in either case) a business which consists of or includes supplying, or providing services for the purpose of supplying, registered nurses, registered midwives or registered health visitors") 
14     Page 4, line 12, at end insert ("description of") 
15     Page 4, line 18, leave out subsections (8) and (9) 
16     Page 4, line 34, leave out ("nurses'") and insert ("nurses") 
  
Clause 6
 
17     Page 5, line 9, at end insert--
 
    ("(  )  The powers of the Secretary of State under this Part to give directions include power to give directions as to matters connected with the structure and organisation of the Commission, for example--
    (a)  directions about the establishment of offices for specified areas or regions;
    (b)  directions as to the organisation of staff into divisions.")
 
  
Clause 7
 
18     Page 5, line 22, leave out ("States's") and insert ("State's") 
19     Page 5, line 33, after ("section") insert ("and section 8") 
20     Page 5, line 37, leave out subsections (8) to (11) 
  
Clause 8
 
21     Page 6, line 6, at beginning insert--
 
    ("(A1)  The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.
 
    (A2)  The Assembly shall make information about Part II services provided in Wales available to the public.
 
    (A3)  In relation to Part II services provided in Wales, the Assembly shall have any additional function specified in regulations made by the Assembly; but the regulations may only specify a function corresponding to a function which, by virtue of section 7, is exercisable by the Commission in relation to Part II services provided in England.")
 
  
After Clause 8
 
22     Insert the following new Clause-- 
     ("  .--(1)  The Commission for Health Improvement ("CHI") and the National Care Standards Commission ("NCSC") may, if authorised to do so by regulations, arrange--
    (a)  for prescribed functions of the NCSC to be exercised by CHI on behalf of the NCSC;
    (b)  for prescribed functions of CHI, so far as exercisable in relation to England, to be exercised by the NCSC on behalf of CHI,
and accordingly CHI and the NCSC each have power to exercise functions of the other in accordance with arrangements under this subsection.
 
    (2)  The Assembly and CHI may arrange for any functions of the Assembly mentioned in section 9(6) to be exercised by CHI on behalf of the Assembly; and accordingly CHI has power to exercise functions of the Assembly in accordance with arrangements under this subsection.
 
    (3)  The Assembly and CHI may, if authorised to do so by regulations, arrange for prescribed functions of CHI, so far as exercisable in relation to Wales, to be exercised by the Assembly on behalf of CHI; and accordingly the Assembly has power to exercise functions of CHI in accordance with arrangements under this subsection.
 
    (4)  References in this section to exercising functions include a reference to assisting with their exercise.
 
    (5)  Regulations under this section shall be made by the Secretary of State; but the Secretary of State may not make regulations under subsection (3) without the agreement of the Assembly.")
Co-operative working.
  
Clause 9
 
23     Page 6, line 28, leave out ("the Assembly's registration functions") and insert--
    ("(a)  any functions exercisable by the Assembly by virtue of section 5(b) or 8(A3); or
    (b)  any other functions exercisable by the Assembly corresponding to functions exercisable by the Commission in relation to England,")
 
24     Page 6, line 30, leave out subsection (7) 
25     Page 6, line 34, leave out ("it would be") and insert ("there are exceptional circumstances which make it") 
  
Clause 11
 
26     Page 7, line 29, at end insert--
 
    ("(  )  A person who applies for registration as the manager of an establishment or agency must be an individual.")
 
  
Clause 12
 
27     Page 8, line 4, after ("vary") insert ("or remove") 
  
Clause 13
 
28     Page 8, line 13, after ("being") insert (",  or has at any time been,") 
  
Clause 14
 
29     Page 8, line 30, after ("variation") insert ("or removal") 
30     Page 9, line 3, after ("(stating") insert (",  where applicable,") 
  
Clause 16
 
31     Page 9, line 35, after ("vary") insert ("or remove") 
  
Clause 18
 
32     Page 10, line 23, after ("varied") insert (",  the condition which is removed") 
  
Clause 19
 
33     Page 10, line 39, after ("varying") insert ("or removing") 
34     Page 10, line 44, after ("variation") insert (",  removal") 
  
Clause 21
 
35     Page 12, line 22, at end insert--
 
    ("(  )  Regulations under subsection (2)(a) may, in particular, make provision for prohibiting persons from managing an establishment or agency unless they are registered in, or in a particular part of, one of the registers maintained under section 52(1).")
 
36     Page 12, line 46, after ("of") insert ("documents and") 
37     Page 13, line 33, at end insert--
    ("(  )  make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.")
 
38     Page 13, line 45, at end insert--
 
    ("(  )  Before making regulations under this section, except regulations which amend other regulations made under this section and do not, in the opinion of the appropriate Minister, effect any substantial change in the provision made by those regulations, the appropriate Minister shall consult any persons he considers appropriate.")
 
  
Clause 25
 
39     Page 14, line 36, at end insert--
 
    ("(3)  No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.
 
    (4)  A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.")
 
  
After Clause 25
 
40     Insert the following new Clause-- 
     ("  .--(1)  Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.
 
    (2)  A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.")
False statements in applications.
  
Clause 27
 
41     Page 15, line 7, at end insert--
 
    ("(  )  Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.")
 
  
Clause 28
 
42     Page 15, line 19, after ("officer") insert ("or member") 
  
Clause 29
 
43     Page 15, line 34, after ("any") insert ("documents or") 
44     Page 15, line 46, after ("any") insert ("documents or") 
  
Clause 37
 
45     Page 19, line 13, leave out from ("home)") to end of line 17 and insert--
    ("(a)  in subsection (1), after "(3)" there is inserted "and (3A)",
    (b)  in subsection (2), for "subsection (1) above" there is substituted "this section",
    (c)  in subsection (3)(e)(ii), "dental practitioner or" is omitted; and
    (d)  after subsection (3) there is inserted--
        (3A)  The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies.
        (3B)  This subsection applies if--
      (a)  the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and
      (b)  the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia--
 
 
            (i)  in pursuance of the National Health Service Act 1977; or
1977 c. 49.
 
            (ii)  under an agreement made in accordance with Part I of the National Health Service (Primary Care) Act 1997.
        (3C)  This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above."")
1997 c. 46.
  
After Clause 38
 
46     Insert the following new Clause-- 
     ("  .--(1)  In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)--
    (a)  in paragraph (a), after "is not" there shall be inserted ", or has not been,";
    (b)  after "is" there shall be inserted ",  or has been,".
    (2)  In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted--
        (6)  In relation to a home which has ceased to exist, the reference in sub-paragraph (4) to any person carrying on the home shall be taken to be a reference to each of the persons who carried it on."
    (3)  In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children's homes), after "is being" there shall be inserted "and has been".
 
    (4)  In paragraph 4 of that Schedule--
    (a)  in sub-paragraph (3) after "is being" there shall be inserted ",  or has been,";
    (b)  after sub-paragraph (4) there shall be inserted--
        (5)  In relation to a home which has ceased to exist, references in this paragraph and paragraph 5(4) to the person, or any person, carrying on the home include references to each of the persons who carried it on."")
Children's homes: temporary provision about cancellation of registration.
  
Clause 39
 
47     Page 19, line 23, leave out from ("persons") to ("by") in line 26 and insert ("to whom subsection (2) or (3) applies.
 
    (2)  This subsection applies to--
    (a)  local authorities providing services in the exercise of their social services functions; and
    (b)  persons who provide services which are similar to services which--
          (i)  may or must be so provided by local authorities; or
          (ii)  may or must be provided")
 
48     Page 19, line 27, at end insert--
 
    ("(3)  This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).
 
    (4)  The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2)")
 
  
After Clause 40
 
49     Insert the following new Clause-- 
     ("  .  The Commission may at any time give advice to the Secretary of State on--
    (a)  any changes which the Commission thinks should be made, for the purpose of securing improvement in the quality of services provided by local authorities in England in the exercise of relevant functions, in the standards set out in statements under section 45; and
    (b)  any other matter connected with the exercise by local authorities in England of relevant functions.")
General powers of the Commission.
 
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