|Care Standards Bill [H.L.] -
Amendments to be debated in the House of Lords - continued
|House of Lords|
back to previous amendments
|174||Page 54, line 30, after ("school") insert ("or college")|
Page 55, line 20, at end insert--
|176||Page 55, line 21, leave out from ("means") to ("of") in line 22 and insert ("an institution within the further education sector as defined in section 91")|
|177||Page 55, line 36, after ("to") insert ("an institution conducted by")|
|178||Page 55, line 45, after ("is") insert ("an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992, or")||1992 c. 13.|
Page 57, line 31, at end insert--
|180||Page 58, line 24, leave out from ("means") to ("of") in line 25 and insert ("an institution within the further education sector as defined in section 91")|
|181||Page 58, line 28, at end insert--|
|1992 c. 13.|
After Clause 91
|182||Insert the following new Clause--|
|(". In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee), there shall be inserted at the appropriate place--||Charges for local authority welfare services.|
1970 c. 42.
Page 61, line 14, at end insert--|
("In subsection (2) and this subsection, references to the Secretary of State include the Secretary of State and the Assembly acting jointly")
|184||Page 61, line 15, leave out ("The following subsections") and insert ("Subsections (5) to (7)")|
|185||Page 61, line 16, leave out ("or the Assembly") and insert (", the Assembly or the appropriate Minister")|
Page 61, line 33, at end insert--|
("( ) The provision which, by virtue of subsection (7), may be made by regulations under the Part of this Act which relates to the Children's Commissioner for Wales includes provision amending or repealing any enactment or instrument.")
|187||Page 61, line 39, leave out ("or instrument")|
|188||Page 62, line 9, after ("England,") insert ("Scotland or Northern Ireland,")|
Page 62, line 10, at end insert--|
("and in relation to England and Wales means the Secretary of State and the Assembly acting jointly")
Page 62, line 11, at end insert--
|191||Page 62, line 15, at end insert--|
|1978 c. 30.|
Page 62, line 15, at end insert--
|193||Page 62, line 24, leave out ("mental disorder and")|
Page 62, line 27, at end insert--
|195||Page 62, line 41, leave out ("only")|
|196||Page 62, line 42, after ("State") insert ("or the Assembly)")|
Page 63, line 16, leave out from ("if") to end of line 18 and insert--
|198||Page 63, line 22, leave out from ("care"") to ("does") in line 23|
Page 63, line 24, at end insert--|
("(3A) For the purposes of this Act, the person who carries on a fostering agency falling within section 4(4)(b), or a voluntary adoption agency, is the voluntary organisation itself.
(3B) References in this Act to a person who carries on an establishment or agency include references to a person who carries it on otherwise than for profit.
(3C) For the purposes of this Act, a community home which is provided by a voluntary organisation shall be taken to be carried on by--
Page 63, line 24, at end insert--|
("( ) An establishment is not a care home for the purposes of this Act unless the care which it provides includes assistance with bodily functions where such assistance is required.")
Page 63, line 26, at end insert--|
("( ) For the purposes of this Act an individual is made redundant if--
|1996 c. 18.|
|202||Page 63, line 40, at end insert--|
|203||Page 64, line 17, leave out subsection (5)|
Page 67, line 14, leave out from ("authority") to end of line 15 and insert--|
("( ) An authority may make arrangements with persons under which they, or members of their staff, may perform functions of members of the staff of the authority")
|205||Page 69, line 21, leave out ("and")|
Page 69, line 25, at end insert ("and
After Schedule 1
|207||Insert the following new Schedule--|
|("THE CHILDREN'S COMMISSIONER FOR WALES|
| 1.--(1) The Commissioner is to be a corporation sole.|
(2) The Commissioner is not to be regarded as the servant or agent or the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.
|Appointment and tenure of office|
| 2. Regulations may make provision--
| 3. The Assembly shall--
| 4.--(1) The Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions, one of whom shall be appointed as deputy Commissioner.|
(2) During any vacancy in the office of Commissioner or at any time when the Commissioner is for any reason unable to act, the deputy Commissioner shall exercise his functions (and any property or rights vested in the Commissioner may accordingly be dealt with by the deputy as if vested in him).
(3) Without prejudice to sub-paragraph (2), any member of the Commissioner's staff may, so far as authorised by him, exercise any of his functions.
| 5.--(1) Subject to any directions given by the Assembly, the Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions.|
(2) That includes, in particular--
| 6.--(1) For each financial year after the first, the Commissioner shall prepare, and submit to the executive committee, an estimate of his income and expenses.|
(2) Each such estimate shall be submitted to the executive committee at least five months before the beginning of the financial year to which it relates.
(3) The executive committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the committee thinks fit.
(4) Regulations shall specify the periods which are to be treated as the first and subsequent financial years of the Commissioner.
|(5) In this paragraph and paragraph 10 "executive committee" has the same meaning as in the Government of Wales Act 1998.||1998 c. 38.|
| 7.--(1) The Commissioner shall keep proper accounting records.|
(2) The Commissioner shall prepare accounts for each financial year in such form as the Assembly may with the consent of the Treasury determine.
|8. Regulations may provide for the Commissioner to make periodic or other reports to the Assembly relating to the exercise of his functions and may require the reports to be published in the manner required by the regulations.|
| 9.--(1) The accounts prepared by the Commissioner for any financial year shall be submitted by him to the Auditor General for Wales not more than five months after the end of that year.|
(2) The Auditor General for Wales shall--
| 10.--(1) The accounting officer for the Commissioner's Office shall be the Commissioner.|
(2) The accounting officer for the Commissioner shall have, in relation to the accounts of the Commissioner and the finances of the Commissioner's Office, the responsibilities which are from time to time specified by the Treasury.
(3) In this paragraph references to responsibilities include in particular--
|Examinations into use of resources|
| 11.--(1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which the Commissioner has used the resources of the Commissioner's Office in discharging his functions.|
(2) Sub-paragraph (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Commissioner.
(3) In determining how to exercise his functions under this paragraph, the Auditor General for Wales shall take into account the views of the Audit Committee as to the examinations which he should carry out under this paragraph.
(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this paragraph.
|(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations in respect of the Commissioner under this paragraph or section 7 of the National Audit Act 1983 (economy etc. examinations).||1983 c. 44.|
|Examinations by the Comptroller and Auditor General|
| 12.--(1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Commissioner's Office, the Comptroller and Auditor General--
|13. A document purporting to be duly executed under the seal of the Commissioner or to be signed by him or on his behalf is to be received in evidence and, unless the contrary is proved, taken to be so executed or signed.|
|14. The Assembly may make payments to the Commissioner of such amounts, at such times and on such conditions (if any) as it considers appropriate.|
| 15. In the House of Commons Disqualification Act 1975, in Part III of Schedule 1 (certain disqualifying offices), the following entries are inserted at the appropriate places--
||1975 c. 24.|
| 17.--(1) Regulations may provide that the office of Children's Commissioner for Wales shall be added to the list of "Offices" in Schedule 1 to the Superannuation Act 1972 (offices etc. to which section 1 of that Act applies).|
(2) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to provision made under sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
|1972 c. 11.|
|18. In section 144 of the Government of Wales Act 1998 (accounts etc.), in subsection (8)(a), after "the Welsh Administration Ombudsman" there shall be inserted "the Children's Commissioner for Wales".")||1998 c. 38.|
|© Parliamentary copyright 2000||Prepared 14 July 2000|