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

back to previous amendments
 
  
Schedule 3
 
214     Page 72, line 17, at end insert-- 
 ("National Assistance Act 1948 (c.29) 
     .--(1)  Section 26 of the National Assistance Act 1948 (provision of accommodation in premises maintained by voluntary organisations) shall be amended as follows.
 
    (2)  In subsection (1), for "(1B)" there shall be substituted "(1C)".
 
    (3)  For subsections (1A) and (1B) there shall be substituted--
        (1A)  Arrangements must not be made by virtue of this section for the provision of accommodation together with nursing or personal care for persons such as are mentioned in section 3(2) of the Care Standards Act 2000 (care homes) unless--
      (a)  the accommodation is to be provided, under the arrangements, in a care home (within the meaning of that Act) which is managed by the organisation or person in question; and
      (b)  that organisation or person is registered under Part II of that Act in respect of the home."
    (4)  In subsection (1C), for the words from "no" to "person" there shall be substituted "no arrangements may be made by virtue of this section for the provision of accommodation together with nursing".
 
 Mental Health Act 1959 (c.72) 
     .  In section 128 of the Mental Health Act 1959 (sexual intercourse with patients)--
    (a)  in subsection (1), in paragraph (a), for "or mental nursing home" there shall be substituted ",  independent hospital or care home" and in paragraph (b), for the words from "a residential" to the end there shall be substituted "a care home"; and
    (b)  after subsection (5) there shall be inserted--
        (6)  In this section "independent hospital" and "care home" have the same meanings as in the Care Standards Act 2000."")
 
215     Page 72, line 30, at end insert-- 
 ("Local Authority Social Services Act 1970 (c.42) 
     .  In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to social services committee), in the entry relating to the 1989 Act, for "registered" there shall be substituted "private" and for "residential care, nursing or mental nursing homes or in independent schools" there shall be substituted "care homes, independent hospitals or schools". 
216     Page 72, line 44, at end insert ("and for "residential care, nursing or mental nursing homes or in independent schools" there shall be substituted "care homes, independent hospitals or schools"") 
217     Page 73, line 18, leave out ("and") 
218     Page 73, line 25, at end insert ("and
    (  )  in subsection (4), after "(2)" there shall be inserted "or (3)".")
 
219     Page 74, line 5, at end insert-- 
 ("Magistrates' Court Act 1980 (c. 43) 
     .  In Schedule 6 to the Magistrates' Court Act 1980 (fees), in the entry relating to family proceedings, in the paragraph relating to the Children Act 1989, for "Part X" there shall be substituted "Part XA".")1989 c. 41.
220     Page 74, line 5, at end insert-- 
 ("Limitation Act 1980 (c.58) 
     .  In section 38 of the Limitation Act 1980 (interpretation)-- 
 
    (a)  in subsection (3), for the words from "within" to the end there is substituted "is incapable of managing and administering his property and affairs; and in this section "mental disorder" has the same meaning as in the Mental Health Act 1983"; and
    (b)  in subsection (4)(b), after "receiving treatment" there shall be inserted "for mental disorder" and for "or mental nursing home within the meaning of the Nursing Homes Act 1975" there shall be substituted "or independent hospital or care home within the meaning of the Care Standards Act 2000.")
1980 c. 20.
221     Page 74, line 7, at beginning insert--
 
    ("(  )  The Mental Health Act 1983 shall be amended as follows.
 
    (  )  In sections 12(3), 23(3), 24(3), 46(1), 64(1), 119(2), 120(1) and (4), 131(1), 132(1), (2) and (4) and 133(1), for "mental nursing home" and "mental nursing homes" in each place where they occur, there shall be substituted, respectively, "registered establishment" and "registered establishments".")
 
222     Page 74, line 7, leave out ("of the Mental Health Act 1983") 
223     Page 74, line 9, at end insert--
 
    ("(  )  In section 34--
    (a)  in subsection (1), after the definition of "the nominated medical attendant" there shall be inserted--
      registered establishment" means an establishment--
      (a)  which would not, apart from subsection (2) below, be a hospital for the purposes of this Part; and
      (b)  in respect of which a person is registered under Part II of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act;" and
    (b)  in subsection (2), for the words from "a mental" to "1984" there shall be substituted "a registered establishment".
    (  )  In section 116(1) (welfare of certain hospital patients), for "or nursing home" there shall be substituted ", independent hospital or care home".
 
    (  )  In section 118(1) (code of practice)--
    (a)  for the first "and mental nursing homes" there shall be substituted ", independent hospitals and care homes"; and
    (b)  for the second "and mental nursing homes" there is substituted "and registered establishments".
    (  )  In section 121 (Mental Health Act Commission)--
    (a)  in subsection (4), for "and mental nursing homes" there shall be substituted ", independent hospitals and care homes"; and
    (b)  in subsection (5), in paragraphs (a) and (b), for "a mental nursing home" there shall be substituted "an independent hospital or a care home".
    (  )  In section 127(1) (ill-treatment of patients), for "or mental nursing home" there shall be substituted ", independent hospital or care home".
 
    (  )  In section 135(6) (warrant to search for and remove patients) for "a mental nursing home or residential home" there shall be substituted "an independent hospital or care home".")
 
224     Page 74, line 10, leave out ("of that Act") 
225     Page 74, line 10, after ("(interpretation)") insert--
    ("(  )  after the definition of "approved social worker" there shall be inserted--
      care home" has the same meaning as in the Care Standards Act 2000";
    (  )  after the definition of "hospital order" and "guardianship order" there shall be inserted--
      independent hospital" has the same meaning as in the Care Standards Act 2000;"
    (  )")  
 
226     Page 74, line 11, leave out from ("managers",") to end of line 12 and insert ("for paragraph (c) there shall be substituted--
      (c)  in relation to a registered establishment, the person or persons registered in respect of the establishment;" and
    (  )  after the definition of "Primary Care Trust" there shall be inserted--
      registered establishment" has the meaning given in section 34 above;"")
 
227     Page 74, line 12, at end insert-- 
 ("Public Health (Control of Disease) Act 1984 (c.22) 
     .  In section 7(4) of the Public Health (Control of Disease) Act 1984 (port health district and authority for Port of London), paragraphs (h) and (i) and the "and" following paragraph (i) shall be omitted.") 
228     Page 74, line 24, at end insert-- 
 ("Income and Corporation Taxes Act 1988 (c.40) 
     .  In section 155A(6) of the Income and Corporation Taxes Act 1988 (care for children), after "section 71" there shall be inserted "or Part XA".") 
229     Page 74, line 27, leave out ("19(1)(c) (review of provision of day care),") and insert ("19 (review of provision of day care, child minding etc.)--
    (a)  in subsection (1)(c),")
 
230     Page 74, line 28, at end insert ("and
    (b)  in subsection (5), for the definition of "relevant establishment" there shall be substituted--
      relevant establishment" means--
            (a)  in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and
            (b)  in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);"")
 
231     Page 74, line 31, leave out ("(d)") and insert ("(e)") 
232     Page 74, line 32, after ("home;"") insert--
    ("(  )  after subsection (2) there shall be inserted--
        (2A)  Where under subsection (2)(aa) a local authority maintains a child in a home provided, equipped and maintained by the Secretary of State under section 82(5), it shall do so on such terms as the Secretary of State may from time to time determine."")
 
233     Page 74, line 39, after ("children),") insert ("as it has effect before the commencement of section 4 of the Children (Leaving Care) Act 2000--
    (a)")  
 
234     Page 74, line 40, at end insert ("and
    ("(b)  in subsections (2)(d)(ii) and (12)(c), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".
    (  )  In section 24 (persons qualifying for advice and assistance) as it has effect after that commencement--
    (a)  in subsection (2)(c), for "registered" there shall be substituted "private"; and
    (b)  in subsection (2)(d)(ii), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".
    (  )  In section 24C(2) (information)--
    (a)  in paragraph (a), for "registered" there shall be substituted "private"; and
    (b)  in paragraph (c), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".")
 
235     Page 74, line 43, leave out ("59(1)") and insert ("59") 
236     Page 74, line 43, at end insert--
    ("(  )  in subsection (1),")
 
237     Page 74, line 44, leave out ("(d)") and insert ("(e)") 
238     Page 74, line 45, at end insert ("and
    (  )  after that subsection there shall be inserted--
          (1A)  Where under subsection (1)(aa) a local authority maintains a child in a home provided, equipped and maintained by the Secretary of State under section 82(5), it shall do so on such terms as the Secretary of State may from time to time determine."")
 
239     Page 74, line 45, at end insert--
 
    ("(  )  In section 60 (registration and regulation of voluntary homes)--
    (a)  for the sidenote there shall be substituted "Voluntary homes."; and
    (b)  for subsection (3) there shall be substituted--
          (3)  In this Act "voluntary home" means a children's home which is carried on by a voluntary organisation but does not include a community home."")
 
240     Page 75, line 8, leave out ("63(11) (which introduces Schedule 6)") and insert ("63 (children not to be cared for and accommodated in unregistered children's homes)--
    (a)  for the sidenote there is substituted "Private children's homes etc.";
    (b)  in subsection (11),")
 
241     Page 75, line 9, at end insert ("and
    (c)  in subsection (12), after "treated" there shall be inserted ",  for the purposes of this Act and the Care Standards Act 2000,".")
 
242     Page 75, line 19, leave out from beginning to first ("the") in line 20 and insert ("for subsection (3)(b) there shall be substituted--
      (b)  the applicant's right to appeal under section 65A against the refusal to")
 
243     Page 75, line 23, leave out ("Act") and insert ("section and section 65A") 
244     Page 75, line 26, at end insert--
 
    ("(  )  After section 65 there is inserted--
 
 <~et>Appeal against refusal of authority to give consent under section 65.     65A.--(1)  An appeal against a decision of an appropriate authority under section 65 shall lie to the Tribunal established under section 9 of the Protection of Children Act 1999.
 
    (2)  On an appeal the Tribunal may confirm the authority's decision or direct it to give the consent in question."")
1999 c. 14.
245     Page 75, line 26, at end insert--
 
    ("(  )  In section 66 (privately fostered children)--
    (a)  in subsection (1)(a) after "accommodation" there shall be inserted "in their own home"; and
    (b)  after subsection (4) there shall be inserted--
          (4A)  The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person's own home."")
 
246     Page 75, line 34, after ("home") insert ("or independent hospital") 
247     Page 75, line 42, leave out ("81(1)(d) (inquiries)") and insert ("81(1) (inquiries)--
    (a)  in paragraph (d)")
 
248     Page 75, line 42, at end insert ("and--
    (b)  in paragraph (e), for "a residential care home, nursing home or mental nursing home" there shall be substituted "a care home or independent hospital".
    (  )  In section 82(6) (financial support by Secretary of State), in the definition of "child care training", for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".
 
    (  )  In section 83 (research and returns of information), in subsections (1)(c), (2)(c) and (3)(a)(ii), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".
 
    (  )  In section 86--
    (a)  for the sidenote there shall be substituted "Children accommodated in care homes or independent hospitals." and
    (b)  in subsections (1) and (5), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital"
    (  )  For the sidenote to section 87 (welfare of children accommodated in independent schools) there shall be substituted "Welfare of children in boarding schools and colleges".")
 
249     Page 75, line 42, at end insert--
 
    ("(  )  In section 102(6)(a) (power of constable to assist in exercise of certain powers to search for children or inspect premises), after "76," there shall be inserted "79U,".")
 
250     Page 75, leave out line 43 and insert--
 
    ("(  )  In section 105 (interpretation)--
    (a)  in subsection (1)--")
 
251     Page 76, line 2, at end insert--
    ("(  )  in the definition of "day care", after "care"" there shall be inserted "(except in Part XA)";")
 
252     Page 76, line 2, at end insert--
    ("(  )  in the definition of "hospital", after "hospital" there is inserted "(except in Schedule 9A)";")
 
253     Page 76, line 2, at end insert--
    ("(  )  after the definition of "income-based job-seeker's allowance" there shall be inserted--
      independent hospital" has the same meaning as in the Care Standards Act 2000;";")
 
254     Page 76, line 7, leave out from ("home;"") to end of line 10 
255     Page 76, line 10, at end insert--
      ("(b)  after subsection (5) there shall be inserted--
        (5A)  References in this Act to a child minder shall be construed--
      (a)  in relation to Scotland, in accordance with section 71;
      (b)  in relation to England and Wales, in accordance with section 79A."")
 
256     Page 76, line 10, at end insert--
 
    (".  In Schedule 3 (supervision orders), in paragraphs 4(2)(c)(ii) and 5(2)(c), for "or mental nursing home" there is substituted ", independent hospital or care home".")
 
257     Page 76, line 14, leave out from beginning to ("and") in line 19 
258     Page 76, line 20, at end insert--
 
    ("(  )  In paragraph 5(1) of Schedule 7 (foster parents: limit on number of foster children), after "treated" there shall be inserted ",  for the purposes of this Act and the Care Standards Act 2000".")
 
259     Page 76, line 20, at end insert--
 
    ("(  )  In Schedule 8 (privately fostered children)--
    (a)  in paragraph 2, sub-paragraph (1)(b) shall cease to have effect, and in sub-paragraph (2), for "(1)(b)" there shall be substituted "(1)(c)"; and
    (b)  in paragraph 9(1), for "2(1)(d)" there shall be substituted "2(1)(c) and (d)", and at the end there shall be inserted--
          But this sub-paragraph does not apply to a school which is an appropriate children's home."")
 
260     Page 76, line 20, at end insert--
 
    ("(  )  For paragraph 2(1)(f) of Schedule 8 (privately fostered children) there shall be substituted--
            (f)  in any care home or independent hospital;".")
 
261     Page 76, line 31, at end insert-- 
 ("Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25) 
     .  In paragraph 4(2)(a) of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders), for "hospital or mental nursing home" there shall be substituted "independent hospital or care home within the meaning of the Care Standards Act 2000 or in a hospital".") 
262     Page 76, line 33, leave out ("61") and insert ("61(2)") 
263     Page 76, leave out lines 35 to 40 and insert ("for the words from "voluntary" to the end there shall be substituted "persons carrying on an appropriate children's home for the provision or use by them of such accommodation".") 
264     Page 76, line 40, at end insert-- 
 ("Water Industry Act 1991 (c.56) 
     .  In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), for paragraphs 8 and 9 there shall be substituted--
        8.--(1)  A care home or independent hospital.
        (2)  In this paragraph--
      care home" means--
            (a)  a care home within the meaning of the Care Standards Act 2000;
 
 
            (b)  a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948;
      independent hospital" means an independent hospital within the meaning of the Care Standards Act 2000.
        9.  A children's home within the meaning of the Care Standards Act 2000."
1948 c. 29.
 Local Government Finance Act 1992 (c.14) 
     .  In paragraph 7 of Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount)--
    (a)  in sub-paragraph (1)(a), for "residential care home, nursing home, mental nursing home" there shall be substituted "care home, independent hospital";
    (b)  in sub-paragraph (1)(b), after "home" there shall be inserted ",  hospital";
    (c)  for sub-paragraph (2), there shall be substituted--
        (2)  In this paragraph--
      care home" means--
            (a)  a care home within the meaning of the Care Standards Act 2000; or
 
 
            (b)  a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948;
      hostel" means anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph;
      independent hospital" has the same meaning as in the Care Standards Act 2000."
    (d)  in sub-paragraph (3), for ""mental nursing home", "nursing home" or "residential care home"" there shall be substituted ""care home" or "independent hospital"".")
1948 c. 29.
265     Page 76, line 40, at end insert-- 
 ("Water Industry Act 1991 (c.56) 
     .  In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 12 for "section 71(1)(b)" there shall be substituted "Part XA".") 
266     Page 77, line 33, after ("registration") insert ("under"") 
267     Page 77, line 38, at end insert--
 
    ("(  )  In section 2 (inclusion in list on reference to Secretary of State)--
    (a)  in subsection (2)(b), for "or retired", in each place where those words occur, there shall be substituted ",  retired or made redundant";
    (b)  in subsection (8)(a), for "or retiring" there shall be substituted ",  retiring or being made redundant" and for "or retired" there shall be substituted ",  retired or been made redundant".")
 
268     Page 77, line 39, leave out ("7(2)") and insert ("7") 
269     Page 77, line 40, after ("1988)") insert--
    ("(a)  after subsection (1) there shall be inserted--
        (1A)  Where a child care organisation discovers that an individual employed by it in a child care position is included in any of the lists mentioned in subsection (1) above, it shall cease to employ him in a child care position.
        For the purposes of this subsection an individual is not employed in a child care position if he has been suspended or provisionally transferred to a position which is not a child care position." and
    (b)  in subsection (2),")
 
270     Page 78, line 3, leave out ("65 of or paragraph 8 of Schedule 6 to") and insert ("65A of") 
271     Page 78, line 20, leave out ("12(1),") and insert ("12 (interpretation)--
    (a)  in subsection (1)--
          (i)")  
 
272     Page 78, line 22, at end insert ("and
          (ii)  after the definition of "harm" there shall be inserted--
      local authority" has the same meaning as in the Children Act 1989;";")
 
273     Page 78, line 22, at end insert ("and
    (b)  after subsection (3) there shall be inserted--
        (3A)  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.
274     Page 78, leave out lines 23 and 24 
275     Page 78, line 40, at end insert-- 
 ("Powers of Criminal Courts (Sentencing) Act 2000 (c.6) 
     .  The Powers of Criminal Courts (Sentencing) Act 2000 shall be amended as follows.
 
    .  In paragraph 5(3)(a) of Schedule 2 (additional requirements which may be included in probation orders), for "a hospital or mental nursing home" there shall be substituted "an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital".
 
    .  In paragraph 6(2)(a) of Schedule 6 (requirements which may be included in supervision orders), for "a hospital or mental nursing home" there shall be substituted "an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital".")
 
276     Page 78, line 40, at end insert-- 
 ("Amendments of local Acts 
     .--(1)  Section 16 of the Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.
 
    (2)  For paragraph (g) there shall be substituted--
      (g)  used as a care home, or an independent hospital, within the meaning of the Care Standards Act 2000;"
    (3)  For paragraphs (gg) and (h) there shall be substituted--
      (gg)  used as a children's home within the meaning of the Care Standards Act 2000 which is a home in respect of which a person is registered under Part II of that Act;"
    (4)  Paragraph (j) shall be omitted.
1981 c. xvii.
     .--(1)  Section 10(2) of the Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.
 
    (2)  For paragraph (c) there shall be substituted--
      (c)  used as a care home, or an independent hospital, within the meaning of the Care Standards Act 2000;"
    (3)  For paragraph (d) there shall be substituted--
      (d)  used as a children's home within the meaning of the Care Standards Act 2000 which is a home in respect of which a person is registered under Part II of that Act;"
    (4)  Paragraphs (f) and (l) shall be omitted.")
1984 c. xxvii.
  
Schedule 4
 
277     Page 79, line 16, at end insert-- 
 ("Children's Commissioner for Wales 
     .--(1)  The Part of this Act which relates to the Children's Commissioner for Wales has effect, in relation to times before the commencement of any other relevant provision of this Act, as if references--
    (a)  to regulated children's services in Wales; and
    (b)  to the provider of such services,
were or included references to services which would be regulated children's services in Wales, or (as the case may be) to the person who would be the provider, if that provision were in force.
 
    (2)  Sub-paragraph (1) has effect subject to any provision made under sections 97 or 98.")
 
  
Schedule 5
 
278     Page 80, line 6, at end insert-- 
 ("1981 c. xvii.Greater London Council (General Powers) Act 1981.Section 16(j). 
 1983 c. 20.The Mental Health Act 1983In section 145(1), the definition of "mental nursing home".") 
279     Page 80, line 9, at end insert-- 
 ("1984 c. 22.Public Health (Control of Disease) Act 1984.In section 7(4), paragraphs (h) and (i) and the "and" following paragraph (i).") 
280     Page 80, line 11, at end insert-- 
 ("1984 c. xxvii.Greater London Council (General Powers) Act 1984.Section 10(2)(f) and (l).") 
281     Page 80, line 25, column 3, after ("of") insert (""child minder",") 
282     Page 80, line 25, column 3, after ("of") insert (""mental nursing home"") 
283     Page 80, column 3, line 38, leave out from beginning to ("9") in line 39 
284     Page 80, line 43, column 3, after ("Schedule 8,") insert ("paragraph 2(1)(b) and") 
285     Page 80, line 47, column 3, at end insert (",  in paragraph 73, sub-paragraphs (2) and (3) and in paragraph 74, sub-paragraphs (2) and (4)") 
286     Page 81, column 3, leave out lines 32 to 34 and insert-- 
 ("Section 13(3) and (4).") 
  
In the Title
 
287     Line 5, after second ("agencies") insert (", nurses agencies") 
288     Line 10, after ("workers;") insert ("to establish a Children's Commissioner for Wales;") 
289     Line 15, after ("1957;") insert ("to amend Schedule 1 to the Local Authority Social Services Act 1970;") 
 
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