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

back to previous amendments
 
  
Clause 68
 
95     Page 33, line 16, leave out ("the proximity of") and insert ("regular contact with") 
96     Page 33, line 30, leave out ("and every prescribed person") 
97     Page 33, line 33, leave out ("the proximity of") and insert ("regular contact with") 
98     Page 34, leave out lines 1 and 2 
99     Page 34, line 5, after ("includes") insert ("any area and") 
100     Page 34, line 28, leave out ("the proximity of") and insert ("regular contact with") 
101     Page 34, line 34, leave out ("and safety") and insert (",  safety and suitability") 
102     Page 35, line 45, at end insert--
    ("(b)  give any other information which the registration authority reasonably requires the applicant to give.")
 
103     Page 36, line 3, at end insert--
 
    ("(  )  Where the registration authority has sent the applicant notice under section 79L(1) of its intention to refuse an application under this section, the application may not be withdrawn without the consent of the authority.
 
    (  )  A person who, in an application under this section, knowingly makes a statement which is false or misleading in a material particular shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.")
 
104     Page 37, line 8, leave out ("carry out repairs or make alterations or additions") and insert ("make any changes or additions to any services, equipment or premises") 
105     Page 37, line 11, leave out from ("ground") to ("if") in line 12 and insert ("of any defect or insufficiency in the services, equipment or premises") 
106     Page 37, line 15, leave out from first ("the") to ("additions") in line 17 and insert ("defect or insufficiency is due to the changes or") 
107     Page 37, line 23, leave out ("The regulations may make") and insert ("Any regulations made under this section shall include") 
108     Page 37, line 23, leave out ("for") 
109     Page 37, line 28, leave out ("Chief Inspector") and insert ("registration authority") 
110     Page 38, line 22, at end insert--
 
    ("(  )  Where an order has been so made, the registration authority shall, as soon as is reasonably practicable after the making of the order, notify the local authority in whose area the person concerned acts or acted as a child minder, or provides or provided day care, of the making of the order.")
 
111     Page 38, line 44, leave out ("in person or by") and insert ("orally or in writing, by the recipient of the notice or") 
112     Page 39, line 6, at end insert--
 
    ("(  )  Subsection (6) does not prevent a step from taking effect before the expiry of the time within which an appeal may be brought under section 79M if the person concerned notifies the registration authority in writing that he does not intend to appeal.")
 
113     Page 39, line 35, at end insert (", or intend to do so") 
114     Page 39, line 37, leave out ("by registered persons") 
115     Page 39, line 40, leave out ("section 2(7)(a)") and insert ("subsection (7)(a) of section 2") 
116     Page 39, line 42, at end insert (", and the power conferred by subsection (7)(b) of that section to make other reports to the Secretary of State includes a power to make reports with respect to matters which fall within the scope of his functions by virtue of this Part.") 
117     Page 40, line 32, at beginning insert--
 
    ("(  )  The Chief Inspector may at any time require any registered person to provide him with any information connected with the person's activities as a child minder, or provision of day care, which the Chief Inspector considers it necessary to have for the purposes of his functions under this Part.")
 
118     Page 40, line 48, at end insert--
 
    ("(  )  The Chief Inspector may arrange for an inspection conducted by a registered inspector under this section to be monitored by another registered inspector.")
 
119     Page 41, line 3, at end insert--
 
    ("(  )  The period mentioned in subsection (1) may, if the Chief Inspector considers it necessary, be extended by up to three months.")
 
120     Page 41, line 5, leave out from ("he") to ("send") in line 8 and insert--
    (  )  may send a copy of it to the Secretary of State, and shall do so without delay if the Secretary of State requests a copy;
    (  )  shall")
 
121     Page 41, line 11, leave out from ("and") to end of line 13 and insert--
    ("(  )  may arrange for the report (or parts of it) to be further published in any manner he considers appropriate.")
 
122     Page 41, line 22, at end insert (", or intend to do so") 
123     Page 41, line 22, at end insert--
 
    ("(  )  In relation to child minding and day care 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 79N(5), is exercisable by the Chief Inspector in relation to child minding and day care provided in England.")
 
124     Page 41, line 23, at beginning insert--
 
    ("(  )  The Assembly may at any time require any registered person to provide it with any information connected with the person's activities as a child minder or provision of day care which the Assembly considers it necessary to have for the purposes of its functions under this Part.")
 
125     Page 41, line 35, leave out ("the Chief Inspector of Schools") and insert ("Her Majesty's Chief Inspector of Education and Training") 
126     Page 41, line 43, leave out ("A registered") and insert ("An authorised") 
127     Page 41, line 44, after ("England") insert ("or Wales") 
128     Page 42, line 1, leave out ("a registered") and insert ("an authorised") 
129     Page 42, line 12, at end insert--
    ("(  )  seize and remove any document or other material or thing found there which he has reasonable grounds to believe may be evidence of a failure to comply with any condition or requirement imposed by or under this Part;
    (  )  require any person to afford him such facilities and assistance with respect to matters within the person's control as are necessary to enable him to exercise his powers under this section;
    (  )  take measurements and photographs or make recordings;")
 
130     Page 42, line 13, at end insert ("and the arrangements made for their welfare") 
131     Page 42, line 17, after ("living") insert ("or working") 
132     Page 42, line 23, leave out ("Chief Inspector") and insert ("registration authority") 
133     Page 42, line 24, leave out ("him") and insert ("the authority") 
134     Page 42, line 24, leave out ("a registered") and insert ("an authorised") 
135     Page 42, line 35, after ("section") insert--
    (""authorised inspector" means a registered inspector or a person authorised by the Assembly or by any person with whom the Assembly has made arrangements under section 79T(2);")
 
136     Page 43, line 36, at end insert-- 
 <~et>("Time limit for proceedings.     79UA.  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 section more than three years after the commission of the offence.") 
137     Page 43, line 46, leave out ("the Chief Inspector of Schools") and insert ("Her Majesty's Chief Inspector of Education and Training") 
  
Clause 69
 
138     Page 44, line 16, after ("clinic") insert (",  an independent medical agency") 
139     Page 44, line 39, after ("clinic") insert (",  independent medical agency") 
140     Page 44, line 42, leave out from ("agency") to end of line 43 
141     Page 45, line 1, leave out ("or an independent clinic") and insert ("an independent clinic or an independent medical agency") 
142     Page 45, line 4, after ("78") insert ("or (Power to extend Part VI)") 
143     Page 45, line 4, after ("78") insert ("or (Temporary provision for access to lists)") 
144     Page 45, line 6, after ("section") insert ("or section (Power to extend Part VI)") 
145     Page 45, line 6, after ("section") insert ("or section (Temporary provision for access to lists)") 
  
Clause 70
 
146     Page 45, line 9, leave out from ("list") to end of line 12 and insert ("except in accordance with this Part") 
  
Clause 71
 
147     Page 45, line 24, leave out ("or retired") and insert (",  retired or been made redundant") 
148     Page 45, line 26, leave out ("or retired") and insert (",  retired or been made redundant") 
149     Page 46, line 31, leave out ("or retiring") and insert (",  retiring or being made redundant") 
150     Page 46, line 33, leave out ("or retired") and insert (",  retired or been made redundant") 
151     Page 46, line 36, at end insert--
 
    ("(  )  This section does not apply where--
    (a)  the provider carries on a domiciliary care agency, or an independent medical agency, which is or includes an employment agency or an employment business; and
    (b)  the worker in question is a supply worker in relation to him.")
 
  
After Clause 72
 
152     Insert the following new Clause-- 
      ("  .--(1)  The registration authority may refer a care worker to the Secretary of State if--
    (a)  on the basis of evidence obtained by it in the exercise of its functions under Part II of this Act, the authority considers that the worker has been guilty of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; and
    (b)  the worker has not been referred to the Secretary of State under section 71 or 72 in respect of the misconduct.
    (2)  Section 71(4) to (7) shall apply in relation to a reference made by the registration authority under subsection (1) as it applies in relation to a reference made by a person under section 71(1).
 
    (3)  The reference in subsection (1) to misconduct is to misconduct which occurred after the commencement of this section.")
Power of registration authority to refer.
153     Insert the following new Clause-- 
      ("  .--(1)  Subsection (2) applies where--
    (a)  a relevant inquiry has been held;
    (b)  the report of the person who held the inquiry names an individual who is or has been employed in a care position; and
    (c)  it appears to the Secretary of State from the report--
          (i)  that the person who held the inquiry found that the individual was guilty of relevant misconduct; and
          (ii)  that the individual is unsuitable to work with vulnerable adults.
    (2)  The Secretary of State--
    (a)  may provisionally include the individual in the list kept under section 70; and
    (b)  if he does so, shall determine in accordance with subsections (3) to (5) whether the individual's inclusion in the list should be confirmed.
    (3)  The Secretary of State shall--
    (a)  invite observations from the individual on the report, so far as relating to him, and, if the Secretary of State thinks fit, on any observations submitted under paragraph (b); and
    (b)  invite observations from the relevant employer on any observations on the report and, if the Secretary of State thinks fit, on any other observations under paragraph (a).
    (4)  Where the Secretary of State has considered the report, any observations submitted to him and any other information which he considers relevant, he shall confirm that individual's inclusion in the list if subsection (5) applies; otherwise he shall remove him from the list.
 
    (5)  This subsection applies if the Secretary of State is of the opinion--
    (a)  that the person who held the inquiry reasonably considered the individual to be guilty of relevant misconduct; and
    (b)  that the individual is unsuitable to work with vulnerable adults.
    (6)  In this section--
    relevant employer" means the person who, at the time mentioned in the definition of "relevant misconduct" below, employed the individual in a care position;
    relevant misconduct" means misconduct which harmed or placed at risk of harm a vulnerable adult and was committed (whether or not in the course of his employment) at a time when the individual was employed in a care position.
    (7)  In this section "relevant inquiry" means any of the following--
    (a)  an inquiry held under--
          (i)  section 9;
Individuals named in the findings of certain inquiries.
  
          (ii)  section 35 of the Government of Wales Act 1998;
1998 c. 38.
  
          (iii)  section 81 of the Children Act 1989;
1989 c. 41.
  
          (iv)  section 84 of the National Health Service Act 1977;
1977 c. 49.
  
          (v)  section 7C of the Local Authority Social Services Act 1970;
1970 c. 42.
  
    (b)  an inquiry to which the Tribunals of Inquiry (Evidence) Act 1921 applies;
    (c)  any other inquiry or hearing designated for the purposes of this section by an order made by the Secretary of State.
    (8)  Before making an order under subsection (7) the Secretary of State shall consult the Assembly.")
1921 c. 7.
  
Clause 74
 
154     Page 48, line 40, leave out first ("section") 
  
Clause 76
 
155     Page 49, line 31, at end insert--
 
    ("(  )  Where a person who provides care to vulnerable adults discovers that an individual employed by him in a care position is included in that list, he shall cease to employ him in a care position.
 
    For the purposes of this subsection an individual is not employed in a care position if he has been suspended or provisionally transferred to a position which is not a care position.")
 
156     Page 49, line 45, at end insert--
 
    ("(4)  An individual who is included (otherwise than provisionally) in the list kept by the Secretary of State under section 70 shall be guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a care position.
 
    (5)  It shall be a defence for an individual charged with an offence under subsection (4) to prove that he did not know, and could not reasonably be expected to know, that he was so included in that list.
 
    (6)  An individual who is guilty of an offence under this section shall be liable--
    (a)  on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
    (b)  on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.")
 
 
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