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

back to previous amendments
 
  
Clause 41
 
50     Page 20, line 13, after ("any") insert ("documents or") 
51     Page 20, line 17, after ("any") insert ("documents or") 
  
Clause 45
 
52     Page 22, line 32, leave out ("and (2)") and insert (", (2) and (3)") 
  
Clause 51
 
53     Page 24, line 6, leave out ("or care home") and insert (", care home or residential family centre") 
54     Page 24, line 6, leave out ("an") and insert ("a domiciliary care agency, a fostering agency or a voluntary adoption") 
55     Page 24, line 7, after ("agency;") insert--
    ("(  )  manages an establishment, or an agency, of a description mentioned in paragraph (b);")
 
56     Page 24, line 15, at end insert (", or in the provision of services similar to services which may or must be provided by local authorities in the exercise of those functions") 
57     Page 24, line 17, leave out from ("person") to end of line 18 and insert ("who manages, or is employed in, an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, persons to provide personal care") 
58     Page 24, line 21, at end insert--
    ("(  )  staff of the Commission or the Assembly who--
          (i)  inspect premises under section 87 of the Children Act 1989 (welfare of children accommodated in independent schools and colleges) or section 29 or 41 of this Act; or
          (ii)  are responsible for persons who do so;
 
 and staff of the Assembly who inspect premises under section 79T of that Act (inspection of child minding and day care in Wales) or are responsible for persons who do so;") 
59     Page 24, line 22, at end insert--
    ("(  )  a person participating in a course approved by a Council under section 59 for persons wishing to become social workers")
 
60     Page 24, leave out line 26 and insert (""Day centre" means a place where nursing or personal care (but not accommodation) is provided") 
61     Page 24, line 27, leave out from ("3(2)") to end of line 28 
  
Clause 53
 
62     Page 24, line 43, leave out first ("the") and insert ("each") 
  
Clause 54
 
63     Page 25, line 4, leave out first ("the") and insert ("any") 
64     Page 25, line 12, at end insert ("for persons wishing to become social workers") 
65     Page 25, line 15, at end insert ("in relation to social workers") 
66     Page 25, line 16, leave out ("any other person") and insert ("an applicant for registration as a social care worker of any other description") 
67     Page 25, line 17, at end insert ("in relation to social care workers of that description") 
  
Clause 56
 
68     Page 25, line 39, at end insert ("about the registration of persons under this Part and, in particular") 
69     Page 25, line 41, leave out (", and the fees to be paid,") 
70     Page 26, line 6, leave out subsection (2) 
  
Clause 58
 
71     Page 26, line 40, leave out ("Secretary of State") and insert ("appropriate Minister") 
72     Page 26, line 43, leave out from ("one") to end of line 3 on page 27 
  
Clause 59
 
73     Page 27, line 6, leave out from ("for") to end of line and insert ("persons who are or wish to become social workers") 
74     Page 27, line 26, after ("course") insert ("for persons who wish to become social workers") 
  
Clause 62
 
75     Page 29, line 30, leave out ("mentioned in section 52(2)(a)") and insert ("for social workers") 
  
Clause 63
 
76     Page 29, line 33, at beginning insert ("The appropriate Minister has the function of--
    (a)  ascertaining what training is required by persons who are or wish to become social care workers;
    (b)  ascertaining what financial and other assistance is required for promoting such training;
    (c)  encouraging the provision of such assistance;
    (d)  drawing up occupational standards for social care workers.
    (1A)")
 
77     Page 29, line 35, after ("of") insert ("persons who are or wish to become") 
78     Page 29, line 38, leave out from beginning to ("social") in line 39 and insert ("for training persons who are or wish to become") 
79     Page 29, leave out line 41 and insert ("that purpose") 
80     Page 30, line 6, at end insert--
 
    ("(4A)  Any functions of the Assembly under this section--
    (a)  may be delegated by the Assembly to the Welsh Council; or
    (b)  may be exercised by any person, or by employees of any person, authorised to do so by the Assembly.")
 
81     Page 30, line 8, after ("(4)(b)") insert ("or (4A)(b)") 
82     Page 30, line 9, leave out ("Secretary of State") and insert ("appropriate Minister") 
83     Page 30, line 14, after ("Act") insert ("and, in respect of an authorisation given by the Assembly, references to a Minister included the Assembly") 
84     Page 30, line 14, after ("(4)(b)") insert ("and (4A)(b)") 
85     Page 30, line 16, leave out subsection (6) 
  
Clause 65
 
86     Page 30, line 32, leave out from ("one") to end of line 35 
  
Clause 67
 
87     Page 31, line 37, at end insert--
 
    ("(  )  Rules made by a Council under this Part may make provision for the payment of reasonable fees to the Council in connection with the discharge of the Council's functions.
 
    (  )  In particular, the rules may make provision for the payment of such fees in connection with--
    (a)  registration (including applications for registration or for amendment of the register);
    (b)  the approval of courses under section 59;
    (c)  the provision of training;
    (d)  the provision of copies of codes of practice or copies of, or extracts, from the register,
including provision requiring persons registered under this Part to pay a periodic fee to the Council of such amount, and at such time, as the rules may specify")
 
  
After Clause 67
 
88     Insert the following new Clause-- 
     ("  .--(1)  There shall be an office of the Children's Commissioner for Wales or Comisiynydd Plant Cymru.
 
    (2)  Schedule (The Children's Commissioner for Wales) shall have effect with respect to the Children's Commissioner for Wales (referred to in this Act as "the Commissioner").")
Children's Commissioner for Wales.
89     Insert the following new Clause-- 
     ("  .--(1)  The Commissioner may review, and monitor the operation of, arrangements falling within subsection (2), (3) or (4) for the purpose of ascertaining whether, and to what extent, the arrangements are effective in safeguarding and promoting the rights and welfare of children to whom this Part applies.
 
    (2)  The arrangements falling within this subsection are the arrangements made by the providers of regulated children's services in Wales, or by the Assembly, for dealing with complaints or representations in respect of such services made by or on behalf of children to whom this Part applies.
 
    (3)  The arrangements falling within this subsection are arrangements made by the providers of regulated children's services in Wales, or by the Assembly, for ensuring that proper action is taken in response to any disclosure of information which may tend to show--
    (a)  that a criminal offence has been committed;
    (b)  that a person has failed to comply with any legal obligation to which he is subject;
    (c)  that the health and safety of any person has been endangered; or
    (d)  that information tending to show that any matter falling within one of the preceding paragraphs has been deliberately concealed,
in the course of or in connection with the provision of such services.
 
    (4)  The arrangements falling within this subsection are arrangements made (whether by providers of regulated children's services in Wales, by the Assembly or by any other person) for making persons available--
    (a)  to represent the views and wishes of children to whom this Part applies; or
    (b)  to provide such children with advice and support of any prescribed kind.
    (5)  Regulations may confer power on the Commissioner to require prescribed persons to provide any information which the Commissioner considers it necessary or expedient to have for the purposes of his functions under this section.")
Review and monitoring of arrangements.
90     Insert the following new Clause-- 
     ("  .--(1)  Regulations may make provision for the examination by the Commissioner of the cases of particular children to whom this Part applies.
 
    (2)  The regulations may include provision about--
    (a)  the types of case which may be examined;
    (b)  the circumstances in which an examination may be made;
    (c)  the procedure for conducting an examination, including provision about the representation of parties;
    (d)  the publication of reports following an examination.
    (3)  The regulations may make provision for--
    (a)  requiring persons to provide the Commissioner with information; or
    (b)  requiring persons who hold or are accountable for information to provide the Commissioner with explanations or other assistance,
for the purposes of an examination or for the purposes of determining whether any recommendation made in a report following an examination has been complied with.
 
    (4)  For the purposes mentioned in subsection (3), the Commissioner shall have the same powers as the High Court in respect of--
    (a)  the attendance and examination of witnesses (including the administration of oaths and affirmations and the examination of witnesses abroad); and
    (b)  the provision of information.
    (5)  No person shall be compelled for the purposes mentioned in subsection (3) to give any evidence or provide any information which he could not be compelled to give or provide in civil proceedings before the High Court.
 
    (6)  The regulations may make provision for the payment by the Commissioner of sums in respect of expenses or allowances to persons who attend or provide information for the purposes mentioned in subsection (3).")
Examination of cases.
91     Insert the following new Clause-- 
     ("  .--(1)  The Commissioner may certify an offence to the High Court where--
    (a)  a person, without lawful excuse, obstructs him or any member of his staff in the exercise of any of his functions under regulations made by virtue of section (Review and monitoring of arrangements)(5) or (Examination of cases); or
    (b)  a person is guilty of any act or omission in relation to an examination under regulations made by virtue of section (Examination of cases) which, if that examination were proceedings in the High Court, would constitute contempt of court.
    (2)  Where an offence is so certified the High Court may inquire into the matter; and after hearing--
    (a)  any witnesses who may be produced against or on behalf of the person charged with the offence; and
    (b)  any statement that may be offered in defence,
the High Court may deal with the person charged with the offence in any manner in which it could deal with him if he had committed the same offence in relation to the High Court.")
Obstruction etc.
92     Insert the following new Clause-- 
     ("  .--(1)  Regulations may confer power on the Commissioner to assist a child to whom this Part applies--
    (a)  in making a complaint or representation to or in respect of a provider of regulated children's services in Wales; or
    (b)  in any prescribed proceedings,
and in this subsection "proceedings" includes a procedure of any kind and any prospective proceedings.
 
    (2)  For the purposes of subsection (1), assistance includes--
    (a)  financial assistance; and
    (b)  arranging for representation, or the giving of advice or assistance, by any person,
and the regulations may provide for assistance to be given on conditions, including (in the case of financial assistance) conditions requiring repayment in circumstances specified in the regulations.
 
    (3)  The Commissioner may, in connection with his functions under this Part, give advice and information to any person.
 
    (4)  Regulations may, in connection with the Commissioner's functions under this Part, confer further functions on him.
 
    (5)  The regulations may, in particular, include provision about the making of reports on any matter connected with any of his functions.
 
    (6)  Apart from identifying any person investigated, a report by the Commissioner shall not--
    (a)  mention the name of any person, or
    (b)  include any particulars which, in the opinion of the Commissioner, are likely to identify any person and can be omitted without impairing the effectiveness of the report,
unless, after taking account of the public interest (as well as the interests of any person who made a complaint and other persons), the Commissioner considers it necessary for the report to mention his name or include such particulars.
 
    (7)  For the purposes of the law of defamation, the publication of any matter by the Commissioner in a report is absolutely privileged.")
Further functions.
93     Insert the following new Clause-- 
     ("  .--(1)  This Part does not authorise the Commissioner to enquire into or report on any matter so far as it is the subject of legal proceedings before, or has been determined by, a court or tribunal.
 
    (2)  This Part does not authorise the Commissioner to exercise any function which by virtue of an enactment is also exercisable by a prescribed person.")
Restrictions.
94     Insert the following new Clause-- 
     ("  .--(1)  This Part applies to a child to or in respect of whom regulated children's services in Wales are provided.
 
    (2)  In this Part, "regulated children's services in Wales" means any of the following services for the time being provided in respect of children--
    (a)  services of a description provided by or in Part II undertakings, so far as provided in Wales;
    (b)  services provided by local authorities in Wales in the exercise of relevant adoption functions or relevant fostering functions;
    (c)  services of a description provided by persons registered under Part XA of the 1989 Act, so far as provided in Wales;
Interpretation.
 
    (d)  accommodation provided by schools or by an institution within the further education sector (as defined in section 91 of the Further and Higher Education Act 1992), so far as provided in Wales.
    (3)  For the purposes of this Part--
    (a)  in the case of the services mentioned in subsection (2)(a), the person who carries on the Part II undertaking is to be treated as the provider of the services;
    (b)  in the case of the services mentioned in subsection (2)(d), the relevant person (as defined in section 87 of the Children Act 1989) is to be treated as the provider of the services.
    (4)  For the purposes of this section, an establishment or agency, and an undertaking of any other description, is a Part II undertaking if the provider of the services in question is for the time being required to be registered under that Part.
 
    (5)  Where the activities of an undertaking are carried on from two or more branches, each of those branches shall be treated as a separate undertaking for the purposes of this Part.
 
    (6)  Regulations may provide--
    (a)  for this Part to be treated as having applied to a child at any time before the commencement of this Part if regulated children's services in Wales were at that time provided to or in respect of him;
    (b)  for references in this Part to children to whom this Part applies to include references to persons who, at any prescribed time, were such children.
    (7)  In this Part--
    information" includes information recorded in any form;
    regulations" means regulations made by the Assembly.
    (8)  In this section, "relevant adoption functions" and "relevant fostering functions" have the same meanings as in Part III.")
1992 c. 13.
 
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