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Lord Clement-Jones: My Lords, without penetrating too deeply into the legal thickets of this amendment, we will take the Minister's word that taking out "advice and encouragement" from the statute but essentially having it implied by a case is a

18 Jul 2000 : Column 988

more satisfactory solution. I confess that, even though I am a lawyer, I am not half-way to understanding why that should be so.

Lord Hunt of Kings Heath: My Lords, I have extensive notes which I desisted from repeating. Perhaps it would be helpful for me to write to the noble Lord, Lord Clement-Jones, with that information. It may make it a little clearer.

Lord Clement-Jones: My Lords, that would be helpful. The Minister is threatening me with a long speech which, without being discourteous, I am sure none of us wishes to hear. But in the context of discussions on personal and nursing care, which I am sure we will all have as a result of hearing the Government's response to the Royal Commission, that would help us to clarify the situation.

In closing on this amendment, and since there is no further opportunity, I thank the Minister on behalf of myself and my noble friend Lady Barker for his conduct on this Bill. We have had our disagreements. We had a few votes on the Bill, though not many. In the main we have been united in wanting to see this Bill through and its purposes, which are extremely important, fulfilled. I thank the Minister and his ministerial colleagues for their courtesy and great flexibility throughout the passage of the Bill.

Lord Astor of Hever: My Lords, I should like to associate myself and my noble friend Lord Howe with what the noble Lord, Lord Clement-Jones, has just said.

Lord Hunt of Kings Heath: My Lords, on behalf of my colleagues and myself, perhaps I may say how much I appreciate those very kind remarks. This Bill is a tremendous Bill, and one that will lead not only to very great improvement both in terms of the standards of care for many people in this country but also--and we should not forget this--in enhancing the status and quality of social workers and other people in social care.

It has been a delight to take this Bill through your Lordships' House. There has been a great deal of consensus. I am most grateful for all the contributions that have been made. The Bill has, undoubtedly, been enormously improved.

On Question, Motion agreed to.

COMMONS AMENDMENTS

199Clause 100, 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

18 Jul 2000 : Column 989


(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.")
200Page 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.")
201Page 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.")
202Page 63, line 40, at end insert--
("CommissionerSection (Children's Commissioner for Wales) ")
203Clause 102, page 64, line 17, leave out subsection (5)
204Schedule 1, 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")
205Page 69, line 21, leave out ("and")
206Page 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)".")
207After Schedule 1, 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.

18 Jul 2000 : Column 990

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.
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.

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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).
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,

18 Jul 2000 : Column 992


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.
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.
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".")
208Schedule 2, page 70, line 7, leave out ("in")
209Page 70, line 8, at beginning insert ("in")
210Page 70, line 9, at beginning insert ("in")
211Page 70, leave out line 10 and insert--
("( ) as a patient in a hospital (within the meaning of the Care Standards Act 2000);")
212Page 70, leave out lines 11 and 12
213Page 70, line 13, at beginning insert ("in")
214Schedule 3, 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."

18 Jul 2000 : Column 993


(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."").
215Page 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".
216Page 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"")
217Page 73, line 18, leave out ("and")
218Page 73, line 25, at end insert ("and
( ) in subsection (4), after "(2)" there shall be inserted "or (3)".")
219Page 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".")
220Page 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.")
221Page 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".")
222Page 74, line 7, leave out ("of the Mental Health Act 1983")
223Page 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--

18 Jul 2000 : Column 994

(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".")
224Page 74, line 10, leave out ("of that Act")
225Page 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;"
( )")
226Page 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;"").
227Page 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.")
228Page 74, line 24, at end insert--
("Income and Corporation Taxes Act 1988 (c.40)

18 Jul 2000 : Column 995


. 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".")
229Page 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),")
230Page 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);"").
231Page 74, line 31, leave out ("(d)") and insert ("(e)")
232Page 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."").
233Page 74, line 39, after ("children),") insert ("as it has effect before the commencement of section 4 of the Children (Leaving Care) Act 2000--
(a)")
234Page 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".")
235Page 74, line 43, leave out ("59(1)") and insert ("59")
236Page 74, line 43, at end insert--
("( ) in subsection (1),")
237Page 74, line 44, leave out ("(d)") and insert ("(e)")
238Page 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."")

18 Jul 2000 : Column 996

239Page 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."")
240Page 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),")
241Page 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,".")
242Page 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").
243Page 75, line 23, leave out ("Act") and insert ("section and section 65A")
244Page 75, line 26, at end insert--
("( ) After section 65 there is inserted--
"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."").
245Page 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."")
246Page 75, line 34, after ("home") insert ("or independent hospital")
247Page 75, line 42, leave out ("81(1)(d) (inquiries)") and insert ("81(1) (inquiries)--
(a) in paragraph (d)")
248Page 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--

18 Jul 2000 : Column 997


(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".")
249Page 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,".")
250Page 75, leave out line 43 and insert--
("( ) In section 105 (interpretation)--
(a) in subsection (1)--")
251Page 76, line 2, at end insert--
("( ) in the definition of "day care", after "care"" there shall be inserted "(except in Part XA)";")
252Page 76, line 2, at end insert--
("( ) in the definition of "hospital", after "hospital" there is inserted "(except in Schedule 9A)";")
253Page 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;";").
254Page 76, line 7, leave out from ("home;"") to end of line 10
255Page 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."").
256Page 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".")
257Page 76, line 14, leave out from beginning to ("and") in line 19
258Page 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".")
259Page 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."")
260Page 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;".").

18 Jul 2000 : Column 998

261Page 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".")
262Page 76, line 33, leave out ("61") and insert ("61(2)")
263Page 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".")
264Page 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."
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"".")
265Page 76, line 40, at end insert--
("Water Industry Act 1991 (c.56)

18 Jul 2000 : Column 999


. 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".")
266Page 77, line 33, after ("registration") insert ("under"")
267Page 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".")
268Page 77, line 39, leave out ("7(2)") and insert ("7")
269Page 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),")
270Page 78, line 3, leave out ("65 of or paragraph 8 of Schedule 6 to") and insert ("65A of")
271Page 78, line 20, leave out ("12(1),") and insert ("12 (interpretation)--
(a) in subsection (1)--
(i)")
272Page 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;";").
273Page 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."").
274Page 78, leave out lines 23 and 24
275Page 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".")

18 Jul 2000 : Column 1000

276Page 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.
.--(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.")
277Schedule 4, 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.")
278Schedule 5, 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 1983 In section 145(1), the definition of "mental nursing home".")


279Page 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).")

280Page 80, line 11, at end insert--
("1984 c. xxvii.Greater London Council (General Powers) Act 1984.Section 10(2)(f) and (l).")

281Page 80, line 25, column 3, after ("of") insert (""child minder",")
282Page 80, line 25, column 3, after ("of") insert (""mental nursing home"")

18 Jul 2000 : Column 1001

283Page 80, column 3, line 38, leave out from beginning to ("9") in line 39
284Page 80, line 43, column 3, after ("Schedule 8,") insert ("paragraph 2(1)(b) and")
285Page 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)")
286Page 81, column 3, leave out lines 32 to 34 and insert--
("Section 13(3) and (4).")

287In the Title, line 5, after second ("agencies") insert (", nurses agencies")
288Line 10, after ("workers;") insert ("to establish a Children's Commissioner for Wales;")

18 Jul 2000 : Column 1002

289Line 15, after ("1957;") insert ("to amend Schedule 1 to the Local Authority Social Services Act 1970;")

Lord Hunt of Kings Heath: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 199 to 289.

Moved, That the House do agree with the Commons in their Amendments Nos. 199 to 289.--(Lord Hunt of Kings Heath.)

On Question, Motion agreed to.

An amendment (privilege) made.


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