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COMMONS AMENDMENT

138Clause 69, page 44, line 16, after ("clinic") insert (", an independent medical agency")

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Lord Hunt of Kings Heath: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 138. My noble friend Lord Bach has pointed us in the direction of brevity at this late hour, but we do come to a very important issue which deals with a large group of amendments concerning the protection of vulnerable adults list, and, indeed, the protection of children list.

The noble Lord, Lord Phillips, brought to our attention a concern that workers who had been made redundant would evade referral to the appropriate list. Amendments Nos. 147 to 150, 201, 267, 271 and 273 plug this gap in both the POVA and POCA schemes. I pay tribute to the noble Lord for the intense interest he took in, and the help that he gave to the House in relation to, these particular clauses.

We also discussed in the House the need for employers who have committed misconduct to be referred to the appropriate list. Amendments Nos. 152 and 162 provide new clauses relating to the POVA and POCA schemes respectively, which enable the registration authority to make referrals to the lists.

There was also some debate about the need for the POCA scheme in particular to be extended to other services, with particular reference to day centres. Amendments Nos. 142, 144 and 161 introduce a new clause which makes comprehensive provision for the extension of the POVA scheme. Essentially, this scheme can be extended to a full range of services corresponding to those which may or must be provided by local authorities in the exercise of their social services functions and to help services that correspond to those provided by the NHS.

The Bill already requires employers not to take on a worker who is found to be on the POVA list. Amendment No. 155 places a further duty on employers requiring them to stop employing a worker in a care position should it come to light that that person is on the list.

Amendment No. 269 makes parallel provision for the POCA list, and Amendment No. 268 is a related technical amendment.

Amendment No. 156 provides for a criminal offence if a person applies for, offers to do, accepts or does any work in a care position, if they know they are on the POVA list.

There are two further areas where provision is being made for access to the POCA list once the Criminal Records Bureau comes into operation. Amendment No. 173 enables adoption agencies to screen prospective adoptive parents against the POCA list. I would argue that that is very important. In addition, this amendment also makes express provision for the registration authorities in Part II and Part V, and the councils, to screen applicants against the appropriate lists.It had always been intended that persons seeking provision under Part II of the Bill, for example, care home providers, or under Part V of the Bill, for example, day care providers, should be subject to such checks. Similarly, persons seeking to be admitted to

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the registers held by councils under Part IV may also be checked. Amendment No. 173 makes explicit provision for those checks.

Amendment No. 170 is a new clause which provides that a parent in receipt of a direct payment can require his local authority to undertake a check against the POCA list in respect of the carer he wishes to employ. If a parent reports, for example, that the carer has harmed his child or has placed him at risk of harm, the local authority can refer the carer for inclusion on the POCA list. But such a referral--and I stress this--can take place only after the local authority has conducted an inquiry under Section 47 of the Children Act.

Three new clauses--Amendments Nos. 153, 163 and 171--have come about principally as a result of the Waterhouse inquiry. After that inquiry, we decided that it would be prudent to enable a person to be referred to the POCA or POVA list as a result of an appropriate inquiry report. We are all sadly aware that sometimes it is only as a result of an inquiry some years after the original events occurred that the abuse is discovered and the perpetrators are identified. Amendment No. 153 enables referrals to be made in those circumstances. Amendment No. 163 enables equivalent provision for POCA.

A small group of people was referred to the consultancy index in that way as a result of the Waterhouse report. However, for technical reasons, we need to make special provision to ensure that those workers can be transferred to the new protection of children list. Amendment No. 171 has been tabled expressly for that purpose.

The final batch of amendments within this large group simply tidies up the provisions and makes consequential amendments as a result of the new provisions that I have just described.

Moved, That the House do agree with the Commons in their Amendment No. 138.--(Lord Hunt of Kings Heath.)

Lord Clement-Jones: My Lords, I start by welcoming Amendments Nos. 147 to 150 put down by the Government in response to the amendments of my noble friend Lord Phillips in Committee. They certainly fulfil the role which he intended his amendments to fulfil. However, on these Benches--and it is worth stating it in this instance--we regret that the Government did not listen to all of his amendments in Committee, particularly those relating to natural justice aspects which he raised so eloquently. That is especially since the Bill will now cover a wider range of people--those put onto the list as a result of an inquiry.

On these Benches, we continue to believe that some aspects of the POVA list provisions will act as a deterrent to the recruitment of care workers, but time will tell.

Lord Hunt of Kings Heath: My Lords, we listened in particular to the comments of the noble Lord, Lord Phillips. There are different views. We have always felt that we have struck the right balance between the

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necessary protection of young people and vulnerable adults and the ability of people so affected to have their case considered very carefully. We have provided rights of appeal. I suspect that we must agree to differ in that regard.

On Question, Motion agreed to.

COMMONS AMENDMENTS

139Clause 69, page 44, line 39, after ("clinic") insert (", independent medical agency")
140Page 44, line 42, leave out from ("agency") to end of line 43
141Page 45, line 1, leave out ("or an independent clinic") and insert ("an independent clinic or an independent medical agency")
142Page 45, line 4, after ("78") insert ("or (Power to extend Part VI)")
143Page 45, line 4, after ("78") insert ("or (Temporary provision for access to lists)")
144Page 45, line 6, after ("section") insert ("or section (Power to extend Part VI)")
145Page 45, line 6, after ("section") insert ("or section (Temporary provision for access to lists)")
146Clause 70, page 45, line 9, leave out from ("list") to end of line 12 and insert ("except in accordance with this Part")
147Clause 71, page 45, line 24, leave out ("or retired") and insert (", retired or been made redundant")
148Page 45, line 26, leave out ("or retired") and insert (", retired or been made redundant")
149Page 46, line 31, leave out ("or retiring") and insert (", retiring or being made redundant")
150Page 46, line 33, leave out ("or retired") and insert (", retired or been made redundant")
151Page 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.")
152After Clause 72, insert the following new clause--
POWER OF REGISTRATION AUTHORITY TO REFER

(" .--(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.")
153After Clause 72, insert the following new clause--
INDIVIDUALS NAMED IN THE FINDINGS OF CERTAIN INQUIRIES

(" .--(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

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(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;
(ii) section 35 of the Government of Wales Act 1998;
(iii) section 81 of the Children Act 1989;
(iv) section 84 of the National Health Service Act 1977;
(v) section 7C of the Local Authority Social Services Act 1970;
(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.")
154Clause 74, page 48, line 40, leave out first ("section")
155Clause 76, 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.

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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.")
156Page 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.")
157Page 50, line 40, leave out from beginning to ("apply") in line 43 and insert ("Section 2(4) to (7) of the 1999 Act (referrals for inclusion in list of individuals who are considered unsuitable to work with children) shall, in the case of any reference under section 2, 2A or 2D of that Act,")
158Page 50, line 46, at end insert--
("(2A) Section 2B of the 1999 Act shall apply in relation to the list kept under section 70 as it applies in relation to the list kept under section 1 of that Act, but as if the references in subsections (1)(c)(ii) and (5)(b) to children were references to vulnerable adults.")
159Page 51, line 1, leave out from ("(2)") to end of line 4 and insert ("or (2A) provisionally include an individual in the list kept under section 70, or confirm his inclusion in the that list, unless he provisionally includes him in the list kept under section 1 of the 1999 Act or, as the case requires, confirms his inclusion in that list.")
160Page 51, line 5, after ("(2)") insert ("or (2A)")
161After Clause 79, insert the following new clause--
POWER TO EXTEND PART VI

(" .--(1) The Secretary of State may by regulations--
(a) add to the list in section 69(7) any prescribed persons to whom subsection (2) applies;
(b) amend the definitions of "care worker", "care position" and "vulnerable adult" accordingly.
(2) This subsection applies to--
(a) local authorities providing services to adults in the exercise of their social services functions;
(b) persons who provide to adults services which are similar to services which--
(i) may or must be so provided by local authorities; or
(ii) may or must be provided by National Health Service bodies.
(3) In its application by virtue of subsection (1), this Part shall have effect--
(a) if the regulations so provide, as if "may" were substituted for "shall" in sections 71(1) and 72(1), and section 76 were omitted;
(b) with such other modifications as may be specified in the regulations.")
162After Clause 80, insert the following new clause--
INCLUSION IN 1999 ACT LIST ON REFERENCE BY CERTAIN AUTHORITIES

(" .--(1) After section 2 of the 1999 Act there is inserted--

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"Power of certain authorities to refer individuals for inclusion in list.
2A.--(1) A person to whom this section applies may refer to the Secretary of State an individual who is or has been employed in a child care position if--
(a) on the basis of evidence obtained by him in the exercise of his functions under Part II of the Care Standards Act 2000 or Part XA of the Children Act 1989, the person considers that the individual has been guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm; and
(b) the individual has not been referred to the Secretary of State under section 1 above in respect of the misconduct.
(2) The persons to whom this section applies are--
(a) the National Care Standards Commission;
(b) the National Assembly for Wales; and
(c) Her Majesty's Chief Inspector of Schools in England.
(3) Section 2(4) to (7) above shall apply in relation to a reference made by a person under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.
(4) The reference in subsection (1) above to misconduct is to misconduct which occurred after the commencement of this section."
(2) In section 1(2)(a) of that Act (duty of Secretary of State to keep list), after "2" there is inserted "or 2A".
(3) For the sidenote to section 2 of that Act there is substituted "Inclusion in list on reference following disciplinary action etc.".")
163After Clause 80, insert the following new clause--
Inclusion in 1999 Act list of individuals named in findings of certain inquiries

(" .--(1) After section 2A of the 1999 Act (inserted by section (Inclusion in 1999 Act list on reference by certain authorities) there is inserted--
"Individuals named in the findings of certain inquiries.
2B.--(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 child 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 children.
(2) The Secretary of State--
(a) may provisionally include the individual in the list kept under section 1 above; and
(b) if he does so, shall determine in accordance with subsections (3) to (5) below whether the individual's inclusion in the list should be confirmed.

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(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) below; 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) above.
(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) below 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 children.
(6) In this section--
"relevant employer" means the person who, at the time referred to in the definition of "relevant misconduct" below, employed the individual in a child care position;
"relevant misconduct" means misconduct which harmed a child or placed a child at risk of harm and was committed (whether or not in the course of his employment) at a time when the individual was employed in a child care position.
(7) In this section "relevant inquiry" means any of the following--
(a) an inquiry held under--
(i) section 9 of the Care Standards Act 2000;
(ii) section 35 of the Government of Wales Act 1998;
(iii) section 81 of the 1989 Act;
(iv) section 84 of the National Health Service Act 1977;
(v) section 7C of the Local Authority Social Services Act 1970;
(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) An order under subsection (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9) Before making an order under subsection (7) above the Secretary of State shall consult the National Assembly for Wales."
(2) In section 1(2) of that Act (duty of Secretary of State to keep list), before the "or" preceding paragraph (b) there shall be inserted--
"(aa) he has been included in the list under section 2B below;".").
164Clause 81, page 52, line 1, leave out ("3") and insert ("2B")
165Page 52, line 1, after ("Act") insert ("(inserted by section

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(Inclusion in 1999 Act list on reference by certain authorities))")
166Page 52, leave out lines 2 to 12 and insert--
("2C.--(1) Section 71(4) to (7) of the Care Standards Act 2000 (persons who provide care for vulnerable adults: duty to refer) shall, in the case of any reference under subsection (1) of that section or section (Power of registration authority to refer) of that Act, apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the reference in subsection (7)(b) to vulnerable adults were a reference to children.
(2) Section 72(4) to (7) of that Act (employment agencies and businesses: duty to refer) shall, in the case of any reference under subsection (1) of that section, apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the reference in subsection (7)(b) to vulnerable adults were references to children.
(2A) Section (Individuals named in the findings of certain inquiries) of the Care Standards Act 2000 shall apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the references in subsections (1)(c)(ii) and (5)(b) to vulnerable adults were references to children.")
167Page 52, leave out lines 14 to 17 and insert ("this section provisionally include an individual in the list kept under section 1 above, or confirm his inclusion in the that list, unless he provisionally includes him in the list kept under section 70 of the Care Standards Act 2000 or, as the case requires, confirms his inclusion in that list.")
168Page 52, line 18, leave out ("subsection (2) above") and insert ("this section")
169Page 52, line 24, leave out ("section 71 or 72") and insert ("Part VI")
170After Clause 81, insert the following new clause--
INDIVIDUALS PROVIDING CARE FUNDED BY DIRECT PAYMENTS

(" .--(1) After section 2C of the 1999 Act (inserted by section 81) there is inserted--
"Local authorities proposing to make direct payments in respect of services.
2D.--(1) A local authority may refer a relevant individual to the Secretary of State where, as a result of enquiries made, or caused to be made, by it under section 47 of the Children Act 1989, the authority considers that the individual has been guilty of misconduct (whether or not in the course of his employment) which harmed a child or placed a child at risk of harm.
(2) Section 2(4) to (7) above shall apply in relation to a reference made by a local authority under subsection (1) above as it applies in relation to a reference made by an organisation under section 2(1) above.
(3) In this section--
"funded care" means care in respect of a person's securing the provision of which the authority has made a payment under section 17A of the Children Act 1989 (direct payments);
"relevant individual" means an individual who is or has been employed to provide funded care to a child.
(4) The reference in subsection (1) above to misconduct is to misconduct which occurred after the commencement of this section."
(2) In section 7 of that Act (effect of inclusion in certain statutory lists), after subsection (1) there shall be inserted--

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"(1A) Where--
(a) a person ("the recipient") employs, or proposes to employ, an individual to provide care for a child; and
(b) a local authority proposes to make a payment to the recipient under section 17A of the Children Act 1989 (direct payments) in respect of his securing the provision of the care,
the authority shall, if the recipient asks it to do so, ascertain whether the individual is included in any of the lists mentioned in subsection (1) above."
(3) After subsection (2) of that section there shall be inserted--
"(2A) Where a local authority is required under subsection (1A) above to ascertain whether an individual who has been supplied as mentioned in subsection (2) above is included in any of the lists there mentioned, there is sufficient compliance with subsection (1A) above if the authority--
(a) satisfies itself that, on a date within the last 12 months, the organisation which supplied the individual ascertained whether he was included in any of those lists; and
(b) obtains written confirmation of the facts as ascertained by the organisation."
(4) In section 1(2)(a) of that Act (duty of Secretary of State to keep list), after "or 2A" there is inserted "or 2D".")
171After Clause 81, insert the following new clause--
TRANSFER FROM CONSULTANCY SERVICE INDEX OF INDIVIDUALS NAMED IN PAST INQUIRIES

(" .--(1) Section 3 of the 1999 Act (inclusion in list on transfer from Consultancy Service Index) shall be amended as follows.
(2) In subsection (1), for "This section" there shall be substituted "Subsections (2) and (3) below" and in paragraph (a), for "this section" there shall be substituted "section 1 above".
(3) After subsection (3) there shall be inserted--
"(4) Subsections (5) and (6) below apply 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 child care position;
(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 children; and
(d) the individual is included in the Consultancy Service Index (otherwise than provisionally) immediately before the commencement of section 1 above.
(5) 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) below; 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) above.

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(6) The Secretary of State shall include the individual in the list kept by him under section 1 above if, after he has considered the report, any observations submitted to him and any other information which he considers relevant, he 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 children.
(7) In this section--
"relevant employer", in relation to an individual named in the report of a relevant inquiry, means the person who, at the time referred to in the definition of "relevant misconduct" below, employed the individual in a child care position;
"relevant inquiry" has the same meaning as in section 2B above"
"relevant misconduct" means misconduct which harmed a child or placed a child at risk of harm and was committed (whether or not in the course of his employment) at a time when the individual was employed in a child care position."").
172After Clause 84, insert the following new clause--
TEMPORARY PROVISION FOR ACCESS TO LISTS

(" .--(1) Any person seeking to ascertain whether a relevant individual is included in--
(a) the list kept under section 1 of the 1999 Act;
(b) the list kept for the purposes of regulations made under section 218(6) of the Education Reform Act 1988; or
(c) any list kept by the Secretary of State or the Assembly of persons disqualified under section 470 or 471 of the Education Act 1996,
shall be entitled to that information on making, before the relevant commencement, an application for the purpose to the Secretary of State.
(2) In this section "relevant individual" means--
(a) in relation to a person who carries on an employment agency, an individual with whom he proposes to do business or an individual of any other prescribed description;
(b) in relation to any other person, an individual to whom he proposes to offer, or whom he proposes to supply for employment in, a child care position or an individual of any other prescribed description.
(3) The relevant commencement is--
(a) for applications relating to the list mentioned in subsection (1)(a) or (b), the commencement of section 8 of the 1999 Act; and
(b) for applications relating to the list mentioned in subsection (1)(c), the commencement of section 84.
(4) Paragraphs (b) and (c) of subsection (1) are without prejudice to any right conferred otherwise than by virtue of those provisions.")
173After Clause 84, insert the following new clause--
PART V OF THE POLICE ACT 1997: FURTHER PROVISION

(" .--(1) The Police Act 1997 shall be amended as follows.
(2) In section 113 (criminal record certificates)--
(a) in subsection (3A), after "(3B)," there shall be inserted "or his suitability to adopt a child,"; and
(b) after subsection (3D) (inserted by section 77) there shall be inserted--

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"(3E) The references in subsections (3A) and (3C) to suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to suitability to be registered--
(a) under Part II of the Care Standards Act 2000 (establishments and agencies);
(b) under Part IV of that Act (social care workers); or
(c) for child minding or providing day care under Part XA of the Children Act 1989, or under section 71 of that Act or Article 118 of the Children (Northern Ireland) Order 1995 (child minding and day care)."
(3) In section 115 (enhanced criminal record certificates)--
(a) in subsection (5)--
(i) after paragraph (e) there shall be inserted--
"(ea) registration under Part II of the Care Standards Act 2000 (establishments and agencies);
(eb) registration under Part IV of that Act (social care workers);" and
(ii) after paragraph (g) there shall be inserted--
"(h) a decision made by an adoption agency within the meaning of section 11 of the Adoption Act 1976 as to a person's suitability to adopt a child." and
(b) in subsection (6A), after "113," there shall be inserted "or his suitability to adopt a child,".")
174Clause 85, page 54, line 30, after ("school") insert ("or college")
175Page 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;")
176Page 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")
177Page 55, line 36, after ("to") insert ("an institution conducted by")
178Page 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")
179Clause 87, 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.").
180Clause 89, 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")
181Page 58, line 28, at end insert--
(""further education corporation" has the same meaning as in the Further and Higher Education Act 1992."")

Lord Hunt of Kings Heath: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 139 to 181.

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Moved, That the House do agree with the Commons in their Amendments Nos. 139 to 181.--(Lord Hunt of Kings Heath.)

On Question, Motion agreed to.


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