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11.14 p.m.

COMMONS AMENDMENTS

21Clause 8, page 6, line 6, at beginning insert--
("(A1) The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.
(A2) The Assembly shall make information about Part II services provided in Wales available to the public.
(A3) In relation to Part II services 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 7, is exercisable by the Commission in relation to Part II services provided in England.")
22After Clause 8, insert the following new clause--
CO-OPERATIVE WORKING

(" .--(1) The Commission for Health Improvement ("CHI") and the National Care Standards Commission ("NCSC") may, if authorised to do so by regulations, arrange--
(a) for prescribed functions of the NCSC to be exercised by CHI on behalf of the NCSC;
(b) for prescribed functions of CHI, so far as exercisable in relation to England, to be exercised by the NCSC on behalf of CHI,
and accordingly CHI and the NCSC each have power to exercise functions of the other in accordance with arrangements under this subsection.
(2) The Assembly and CHI may arrange for any functions of the Assembly mentioned in section 9(6) to be exercised by CHI on behalf of the Assembly; and accordingly CHI has power to exercise functions of the Assembly in accordance with arrangements under this subsection.
(3) The Assembly and CHI may, if authorised to do so by regulations, arrange for prescribed functions of CHI, so far as exercisable in relation to Wales, to be exercised by the Assembly on behalf of CHI; and accordingly the Assembly has power to exercise functions of CHI in accordance with arrangements under this subsection.
(4) References in this section to exercising functions include a reference to assisting with their exercise.

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(5) Regulations under this section shall be made by the Secretary of State; but the Secretary of State may not make regulations under subsection (3) without the agreement of the Assembly.")
23Clause 9, page 6, line 28, leave out ("the Assembly's registration functions") and insert--
("(a) any functions exercisable by the Assembly by virtue of section 5(b) or 8(A3); or
(b) any other functions exercisable by the Assembly corresponding to functions exercisable by the Commission in relation to England,")
24Page 6, line 30, leave out subsection (7)
25Page 6, line 34, leave out ("it would be") and insert ("there are exceptional circumstances which make it")
26Clause 11, page 7, line 29, at end insert--
("( ) A person who applies for registration as the manager of an establishment or agency must be an individual.")
27Clause 12, page 8, line 4, after ("vary") insert ("or remove")
28Clause 13, page 8, line 13, after ("being") insert (", or has at any time been,")
29Clause 14, page 8, line 30, after ("variation") insert ("or removal")
30Page 9, line 3, after ("(stating") insert (", where applicable,")
31Clause 16, page 9, line 35, after ("vary") insert ("or remove")
32Clause 18, page 10, line 23, after ("varied") insert (", the condition which is removed")
33Clause 19, page 10, line 39, after ("varying") insert ("or removing")
34Page 10, line 44, after ("variation") insert (", removal")
35Clause 21, page 12, line 22, at end insert--
("( ) Regulations under subsection (2)(a) may, in particular, make provision for prohibiting persons from managing an establishment or agency unless they are registered in, or in a particular part of, one of the registers maintained under section 52(1).")
36Page 12, line 46, after ("of") insert ("documents and")
37Page 13, line 33, at end insert--
("( ) make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.")
38Page 13, line 45, at end insert--
("( ) Before making regulations under this section, except regulations which amend other regulations made under this section and do not, in the opinion of the appropriate Minister, effect any substantial change in the provision made by those regulations, the appropriate Minister shall consult any persons he considers appropriate.")
39Clause 25, page 14, line 36, at end insert--
("(3) No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.
(4) A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.")
40After Clause 25, insert the following new clause--
FALSE STATEMENTS IN APPLICATIONS

(" .--(1) Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence.

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(2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.")
41Clause 27, page 15, line 7, at end insert--
("( ) 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 subsection more than three years after the commission of the offence.")
42Clause 28, page 15, line 19, after ("officer") insert ("or member")
43Clause 29, page 15, line 34, after ("any") insert ("documents or")
44Page 15, line 46, after ("any") insert ("documents or")
45Clause 37, page 19, line 13, leave out from ("home)") to end of line 17 and insert--
("(a) in subsection (1), after "(3)" there is inserted "and (3A)",
(b) in subsection (2), for "subsection (1) above" there is substituted "this section",
(c) in subsection (3)(e)(ii), "dental practitioner or" is omitted; and
(d) after subsection (3) there is inserted--
"(3A) The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies.
(3B) This subsection applies if--
(a) the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and
(b) the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia--
(i) in pursuance of the National Health Service Act 1977; or
(ii) under an agreement made in accordance with Part I of the National Health Service (Primary Care) Act 1997.
(3C) This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above."").
46After Clause 38, insert the following new clause--
CHILDREN'S HOMES: TEMPORARY PROVISION ABOUT CANCELLATION OF REGISTRATION

(" .--(1) In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)--
(a) in paragraph (a), after "is not" there shall be inserted ", or has not been,";
(b) after "is" there shall be inserted ", or has been,".
(2) In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted--
"(6) In relation to a home which has ceased to exist, the reference in sub-paragraph (4) to any person carrying on the home shall be taken to be a reference to each of the persons who carried it on."
(3) In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children's homes), after "is being" there shall be inserted "and has been".
(4) In paragraph 4 of that Schedule--
(a) in sub-paragraph (3) after "is being" there shall be inserted ", or has been,";

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(b) after sub-paragraph (4) there shall be inserted--
"(5) In relation to a home which has ceased to exist, references in this paragraph and paragraph 5(4) to the person, or any person, carrying on the home include references to each of the persons who carried it on."").
47Clause 39, page 19, line 23, leave out from ("persons") to ("by") in line 26 and insert ("to whom subsection (2) or (3) applies.
(2) This subsection applies to--
(a) local authorities providing services in the exercise of their social services functions; and
(b) persons who provide services which are similar to services which--
(i) may or must be so provided by local authorities; or
(ii) may or must be provided")
48Page 19, line 27, at end insert--
("(3) This subsection applies to persons who carry on or manage an undertaking (other than an establishment or agency) which consists of or includes supplying, or providing services for the purpose of supplying, individuals mentioned in subsection (4).
(4) The individuals referred to in subsection (3) are those who provide services for the purpose of any of the services mentioned in subsection (2)")
49After Clause 40, insert the following new clause--
GENERAL POWERS OF THE COMMISSION

(" . The Commission may at any time give advice to the Secretary of State on--
(a) any changes which the Commission thinks should be made, for the purpose of securing improvement in the quality of services provided by local authorities in England in the exercise of relevant functions, in the standards set out in statements under section 45; and
(b) any other matter connected with the exercise by local authorities in England of relevant functions.")
50Clause 41, page 20, line 13, after ("any") insert ("documents or")
51Page 20, line 17, after ("any") insert ("documents or")
52Clause 45, page 22, line 32, leave out ("and (2)") and insert (", (2) and (3)")

Lord Hunt of Kings Heath: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 21 to 52.

Moved, That the House do agree with the Commons in their Amendments Nos. 21 to 52.--(Lord Hunt of Kings Heath.)

On Question, Motion agreed to.

11.15 p.m.

COMMONS AMENDMENT

53Clause 51, page 24, line 6, leave out ("or care home") and insert (", care home or residential family centre")

Lord Hunt of Kings Heath: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 53. This amendment comprises one of a group of 35 amendments that make minor changes to the provisions in Part IV, concerning the regulation of social care workers.

Amendments Nos. 53 to 61 all relate to the definitions set out in Clause 51. Amendments Nos. 53 and 54 ensure that workers in residential family centres

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and relevant agency workers come within the definition of "social care worker". The remaining amendments, Amendments Nos. 55 to 61, all concern the groups of workers who may be brought within the definition of "social care worker" at a later date by regulations.

Amendment No. 55 reflects my earlier comments about the registration of managers of establishments and agencies. Amendments Nos. 56 and 57 make general provision for extending the definition of "social care worker" which reflects the commitment I made following points raised by the noble Lord, Lord Laming, during our earlier discussions in the House. Amendment No. 58 provides that the inspectors employed by the commission or Assembly may also be brought within the definition. Amendment No. 59 makes similar provision for social work students.

Amendments Nos. 60 and 61 amend the definition of "day centre". I should like to reassure noble Lords that this is a purely technical matter. It came to our attention that the existing definition used the word "establishment". As this is already defined in Part I of the Bill, it had the effect of rendering the current definition of "day centre" deficient. This new definition simply uses the word "place" instead. I can assure noble Lords that it is intended to cover exactly the same range of organisations.

Amendments Nos. 62 and 63 enable a person to be registered on two or more parts of the register. That is important because the field of social care is extremely wide. I know that we all wish to ensure that workers in any particular sector have all the right skills and competencies for that specialised area of work. This may mean that registration on two separate parts of the register may be necessary.

Amendments Nos. 64 to 67 and 73 to 79 all relate to "post-qualifying" training for professional social workers. The councils already have powers to regulate the basic training of social workers through Clause 59. These amendments make additional provision in that clause so that the councils can also regulate training for social workers at the post-qualifying level.

Amendments Nos. 68 to 72, 86 and 87 make minor changes to the fee-charging and rule-making provisions of this part. They consolidate the existing express fee-charging powers and bring them together in a more general provision. Amendment No. 68 makes a similar general provision about the rules, which will all be subject to approval by the appropriate Minister. Amendment No. 71 is a straightforward correction, altering a reference to the Secretary of State to "appropriate Minister".

The last batch of amendments within this group amend Clause 63. Amendment No. 76 gives the appropriate Minister a number of functions relating to the training of the social care workforce which underpin the work of the councils. These functions underpin the duty of the councils to promote high standards in training. I should point out that in England it is intended that these functions should be delegated to an agency called TOPSS-England, the England arm of the UK national training organisation for personal social services.

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Amendments Nos. 80 to 85 simply make provision for the Assembly to delegate functions under this clause in a similar manner to the existing provisions for the Secretary of State for England.

Moved, That the House do agree with the Commons in their Amendment No. 53.--(Lord Hunt of Kings Heath.)

On Question, Motion agreed to.


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