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Amendments to the Children's Commissioner for Wales Bill

Children's Commissioner for Wales Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE LORD WILLIAMS OF MOSTYN

1Page 1, line 28, leave out subsection (3) and insert—
"(3)  For subsection (6) substitute—
    "(6)  Regulations may provide for the references to a child in subsection (1) to include references to a person (including a child) who was at any time (including a time before the commencement of this Part)—
    (a)  a child ordinarily resident in Wales;
    (b)  a child to or in respect of whom services were provided in Wales by, or on behalf of or under arrangements with, a person mentioned in Schedule 2B; or
    (c)  a child to or in respect of whom regulated children's services in Wales were provided.""
 

Clause 2

 

THE BARONESS YOUNG
THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM

2Page 2, line 14, at end insert—
    "(2)  In exercising his functions, the Commissioner shall have particular regard to the rights and responsibilities of any parents or guardians of children to whom this Part applies.""
 

Clause 3

 

THE LORD WILLIAMS OF MOSTYN

3Page 2, line 21, leave out "by the Assembly of any function" and insert "of any function of the Assembly"
4Page 2, line 24, leave out from second "exercise" to end of line 25 and insert "in relation to Wales of any function of any person mentioned in Schedule 2A"
 

After Clause 4

 

THE LORD WILLIAMS OF MOSTYN

5Insert the following new Clause—
  "Additional power of consideration and representation
(1)  After section 75 of the Care Standards Act 2000 (c. 14) insert—
      "75A Additional power of consideration and representation
    (1)  The Commissioner may consider, and make representations to the Assembly about, any matter affecting the rights or welfare of children in Wales.
    (2)  The function of the Commissioner under subsection (1) is exercisable only where he does not have power to consider and make representations about the matter in question by virtue of any other provision of this Act or any other enactment.".
(2)  In section 74 of that Act—
(a)  in subsection (1), after "may" insert ", in connection with the Commissioner's functions under this Part,"; and
(b)  after that subsection insert—
    "(1A)  The reference in subsection (1) to functions of the Commissioner does not include a reference to his power to consider and make representations by virtue of section 75A(1)."."
 

THE LORD ROBERTS OF CONWY
THE BARONESS HANHAM

6Insert the following new Clause—
  "Examination of cases
  In section 74(3) of the Care Standards Act 2000 (c. 14) (examination of cases), after paragraph (b) insert ", or
(c)  requiring persons to allow the Commissioner access to institutions which include children to whom this Part applies.""
 

Clause 5

 

THE LORD WILLIAMS OF MOSTYN

7Page 5, line 36, at end insert—
"(b)  after that subsection insert—
    "(1A)  The proceedings which may be prescribed by virtue of subsection (1)(b) are proceedings relating to—
    (a)  the exercise or proposed exercise of a function as mentioned in section 72B(1);
    (b)  the provision of services as mentioned in section 78(1)(b) or (c)."; and
(c)  after subsection (5) insert—
    "(5A)  The references in subsections (4) and (5) to functions of the Commissioner do not include a reference to his power to consider and make representations by virtue of section 75A(1)."."
 

Schedule

 

THE LORD WILLIAMS OF MOSTYN

8Page 7, line 7, leave out "or county borough" and insert ", county borough council or community"

 
 
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9 May 2001