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

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Clause 85
 
174     Page 54, line 30, after ("school") insert ("or college") 
175     Page 55, line 20, at end insert--
    (""appropriate authority" means--
          (a)  in relation to England, the National Care Standards Commission;
          (b)  in relation to Wales, the National Assembly for Wales;")
 
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.
  
Clause 87
 
179     Page 57, line 31, at end insert--
        ("(  )  Before issuing a statement, or an amended statement which in the opinion of the Secretary of State effects a substantial change in the standards, the Secretary of State shall consult any persons he considers appropriate.")
 
  
Clause 89
 
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-- 
 
    (""further education corporation" has the same meaning as in the Further and Higher Education Act 1992."")
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.
 
Health and Social Services and Social Security Adjudications Act 1983 (c. 41)

Section 17, so far as relating to services provided under the enactments mentioned in subsection (2)(a) to (c)
Charges for local authority welfare services".")
 
  
Clause 97
 
183     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") 
186     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.")
 
  
Clause 98
 
187     Page 61, line 39, leave out ("or instrument") 
  
Clause 100
 
188     Page 62, line 9, after ("England,") insert ("Scotland or Northern Ireland,") 
189     Page 62, line 10, at end insert--
 
("and in relation to England and Wales means the Secretary of State and the Assembly acting jointly")
 
190     Page 62, line 11, at end insert--
    (""community home" has the same meaning as in the 1989 Act;")
 
191     Page 62, line 15, at end insert-- 
 
    (""enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);")
1978 c. 30.
192     Page 62, line 15, at end insert--
    (""to foster a child privately" has the same meaning as in the 1989 Act;")
 
193     Page 62, line 24, leave out ("mental disorder and") 
194     Page 62, line 27, at end insert--
    (""local authority foster parent" has the same meaning as in the 1989 Act;")
 
195     Page 62, line 41, leave out ("only") 
196     Page 62, line 42, after ("State") insert ("or the Assembly)") 
197     Page 63, line 16, leave out from ("if") to end of line 18 and insert--
          ("(  )  his sight, hearing or speech is substantially impaired;
          (  )  he has a mental disorder; or
          (  )  he is physically substantially disabled by any illness, any impairment present since birth, or otherwise;")
 
198     Page 63, line 22, leave out from ("care"") to ("does") in line 23 
199     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--
    (a)  the person who equips and maintains it; and
    (b)  if the appropriate Minister determines that the body of managers for the home, or a specified member of that body, is also to be treated as carrying on the home, that body or member.
    (3D)  Where a community home is provided by a voluntary organisation, the appropriate Minister may determine that for the purposes of this Act the home is to be taken to be managed solely by--
    (a)  any specified member of the body of managers for the home; or
    (b)  any other specified person on whom functions are conferred under the home's instrument of management.
    (3E)  A determination under subsection (3C) or (3D) may be made either generally or in relation to a particular home or class of homes.")
 
200     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.")
 
201     Page 63, line 26, at end insert--
 
    ("(  )  For the purposes of this Act an individual is made redundant if--
    (a)  he is dismissed; and
 
 
    (b)  for the purposes of the Employment Rights Act 1996 the dismissal is by reason of redundancy.")
1996 c. 18.
202     Page 63, line 40, at end insert-- 
 
("Commissioner
Section (Children's Commissioner for Wales)")
 
  
Clause 102
 
203     Page 64, line 17, leave out subsection (5) 
  
Schedule 1
 
204     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") 
206     Page 69, line 25, at end insert ("and
    (  )  in paragraph 1 of Schedule 17 (audit of Welsh public bodies), at the end there shall be inserted "(other than the Care Council for Wales)".")
 
  
After Schedule 1
 
207     Insert the following new Schedule-- 
 ("THE CHILDREN'S COMMISSIONER FOR WALES 
 Status 
     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--
    (a)  as to the appointment of the Commissioner (including any conditions to be fulfilled for appointment);
    (b)  as to the filling of vacancies in the office of Commissioner;
    (c)  as to the tenure of office of the Commissioner (including the circumstances in which he ceases to hold office or may be removed or suspended from office).
 
 Remuneration 
     3.  The Assembly shall--
    (a)  pay the Commissioner such remuneration and allowances; and
    (b)  pay, or make provision for the payment of, such pension or gratuities to or in respect of him,
as may be provided for under the terms of his appointment.
 
 Staff 
     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.
 
 General powers 
     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--
    (a)  co-operating with other public authorities in the United Kingdom;
    (b)  acquiring and disposing of land and other property; and
    (c)  entering into contracts.
 
 Estimates 
     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.
 Accounts 
     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.
 
 Reports 
     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. 
 Audit 
     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--
    (a)  examine and certify any accounts submitted to him under this paragraph; and
    (b)  no later than four months after the accounts are submitted to him, lay before the Assembly a copy of them as certified by him together with his report on them.
    (3)  In examining any accounts submitted to him under this paragraph, the Auditor General for Wales shall, in particular, satisfy himself that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it.
 
 Accounting officer 
     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--
    (a)  responsibilities in relation to the signing of accounts;
    (b)  responsibilities for the propriety and regularity of the finances of the Commissioner's Office; and
    (c)  responsibilities for the economy, efficiency and effectiveness with which the resources of the Commissioner's Office are used.
    (4)  The responsibilities which may be specified under this paragraph include responsibilities owed to--
    (a)  the Assembly, the executive committee or the Audit Committee; or
    (b)  the House of Commons or its Committee of Public Accounts.
    (5)  If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may--
    (a)  on behalf of the Committee of Public Accounts take evidence from the accounting officer for the Commissioner's Office; and
    (b)  report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.
    (6)  In this paragraph and paragraphs 11 and 12 "the Commissioner's Office" means the Commissioner and the members of his staff.
 
 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--
    (a)  shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Commissioner, or of the Auditor General for Wales, as he may reasonably require for that purpose; and
    (b)  shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.
    (2)  The Comptroller and Auditor General shall--
    (a)  consult the Auditor General for Wales; and
    (b)  take into account any relevant work done or being done by the Auditor General for Wales,
before he acts in reliance on sub-paragraph (1) or carries out an examination in respect of the Commissioner under section 7 of the National Audit Act 1983 (economy etc. examinations).
 
 Evidence 
     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. 
 Payments 
     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. 
 General 
     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--
    Children's Commissioner for Wales."
    Member of the staff of the Children's Commissioner for Wales."
    16.  In the Northern Ireland Assembly Disqualification Act 1975, the same entries as are set out in paragraph 16 are inserted at the appropriate places in Part III of Schedule 1.
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.
 
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