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| | (b) | is not an education or childcare purpose. |
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| | (3) | Health care is not excluded health care if it is provided on the premises of a |
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| | hospital to an individual who is being educated there by reason of a decision |
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| | made by a registered medical practitioner. |
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| | Use “for an education or childcare purpose” |
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| | 2 | A part of premises is used “for an education or childcare purpose” when it is |
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| | |
| | (a) | for the purposes of education provided for an individual being |
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| | educated at an educational institution listed in paragraph 3 in |
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| | circumstances in which the institution requires the individual to attend |
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| | at the premises for that purpose; |
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| | (b) | for the purposes of education provided for a child of compulsory |
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| | school age under section 19 of the Education Act 1996 or section 100 |
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| | of the Education and Inspections Act 2006 (provision of education in |
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| | cases of illness, exclusion etc); |
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| | (c) | for the purposes of education provided for a child of compulsory |
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| | school age as required by section 7 of the Education Act 1996, |
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| | otherwise than by regular attendance at an educational institution |
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| | |
| | (d) | for the purposes of early years provision or later years provision |
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| | provided in England by a person who is registered, or required to be |
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| | registered, to provide such provision under Part 3 of the Childcare Act |
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| | |
| | (e) | for the purposes of later years provision provided in England for a |
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| | child who is aged 8 or over in circumstances in which a requirement |
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| | to register would arise under Part 3 of the Childcare Act 2006 if the |
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| | |
| | (f) | for the purposes of childminding or day care provided in Wales by a |
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| | person who is registered, or is required to be registered, to provide |
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| | such care under Part 2 of the Children and Families (Wales) Measure |
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| | |
| | (g) | for the purposes of a holiday scheme for disabled children in England |
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| | carried on or managed by a person who is registered to carry on or |
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| | manage such schemes, or required to be so registered, under Part 2 of |
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| | the Care Standards Act 2000. |
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| | |
| | 3 | The educational institutions mentioned in paragraphs 1(1)(a) and (b) and (2) |
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| | |
| | (a) | a maintained school (as defined in section 20(7) of the School |
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| | Standards and Framework Act 1998); |
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| | (b) | a maintained nursery school (as defined in section 22(9) of the Schools |
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| | Standards and Framework Act 1998); |
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| | (c) | an independent school (as defined in section 463 of the Education Act |
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| | 1996) entered on a register of independent schools kept under section |
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| | 158 of the Education Act 2002; |
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| | (d) | an independent educational institution (as defined in section 92(1) of |
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| | the Education and Skills Act 2008) entered on a register of |
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| | independent educational institutions kept under section 95 of that Act; |
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| | (e) | a school approved under section 342 of the Education Act 1996 (non- |
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| | maintained special schools); |
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| | (f) | a pupil referral unit (as defined in section 19 of the Education Act |
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| | |
| | (g) | an alternative provision Academy (as defined in section 1C(3) of the |
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| | |
| | (h) | a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act |
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| | |
| | (i) | a sixth form college (as defined in section 91(3A) of the Further and |
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| | Higher Education Act 1992); |
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| | (j) | a special post-16 institution (as defined in section 83(2) of the |
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| | Children and Families Act 2014). |
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| | |
| | |
| | “childminding” has the same meaning as in Part 2 of the Children and |
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| | Families (Wales) Measure 2010 (nawm 1); |
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| | “children’s home” has the meaning given in section 1 of the Care Standards |
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| | |
| | “day care” has the same meaning as in Part 2 of the Children and Families |
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| | (Wales) Measure 2010 (nawm 1); |
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| | “early years provision” has the meaning given in section 96 of the Childcare |
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| | |
| | |
| | (a) | does not include higher education; |
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| | (b) | includes vocational, social, physical and recreational training; |
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| | “health care” has the same meaning as in section (Ill-treatment or wilful |
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| | neglect: care worker offence); |
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| | “higher education” has the meaning given in section 579(1) of the |
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| | |
| | |
| | (c) | in relation to England, has the same meaning as in section 275 of |
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| | the National Health Service Act 2006, and |
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| | (d) | in relation to Wales, has the same meaning as in section 206 of |
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| | the National Health Service (Wales) Act 2006; |
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| | “later years provision” has the meaning given in section 96 of the Childcare |
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| | |
| | “premises”, in relation to an educational institution, includes detached |
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| | playing fields but does not include land occupied solely as a dwelling by |
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| | a person employed at the institution; |
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| | “residential family centre” has the meaning given in section 4 of the Care |
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| | |
| | Member’s explanatory statement
|
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| | This excludes from the scope of the offence in new clause 45 health care provided in specified |
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| | education and childcare settings. |
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| |
| |
| | |
| Clause 66, page 63, line 18, leave out “16” and insert “16(1) to (4)” |
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| | Member’s explanatory statement
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| |
| |
|
| | This amendment is consequential on the insertion of subsection (5) of clause 16 (which was |
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| | inserted in Public Bill Committee) |
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| |
| | |
| Clause 66, page 63, line 18, at end insert— |
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| | “( ) | section (Corrupt or other improper exercise of police powers and |
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| | |
| | Member’s explanatory statement
|
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| | This amendment provides for new Clause 44 to extend to England and Wales only. |
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| |
| | |
| Clause 66, page 63, line 18, at end insert— |
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| | “( ) | sections (Ill-treatment or wilful neglect: care worker offence), (Ill- |
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| | treatment or wilful neglect: care provider offence), (Ill-treatment or |
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| | wilful neglect: excluded care providers), (Care provider offence: |
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| | penalties), (Care provider offence: application to unincorporated |
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| | associations) and (Care provider offence: liability for ancillary and |
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| | |
| | Member’s explanatory statement
|
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| | This amendment provides for the new clauses relating to ill-treatment and wilful neglect by care |
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| | workers and care providers to extend to England and Wales only. |
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| |
| | |
| Clause 66, page 63, leave out line 19 |
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| | Member’s explanatory statement
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| | This amendment and amendment 4 are required so that the amendments in Part 5 of Schedule 4 |
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| | (further amendments relating to contracting-out secure colleges) have the same territorial extent |
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| | as the legislation that they amend (see clause 63(1)). |
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| |
| | |
| Clause 66, page 63, line 19, at end insert— |
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| | “( ) | section (Personal injury claims: cases of fundamental dishonesty);” |
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| | Member’s explanatory statement
|
|
| | This amendment provides for new clause to extend to England and Wales only. |
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| |
| | |
| Clause 66, page 63, line 20, at end insert— |
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| | “( ) | Schedule (Ill-treatment or wilful neglect: excluded health care);” |
|
| | Member’s explanatory statement
|
|
| | This amendment provides for new Schedule NS2, which contains exclusions from the new offences |
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| | relating to ill-treatment and wilful neglect by care workers and care providers, to extend to |
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| | |
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| |
| |
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| |
| | |
| Clause 66, page 63, line 21, at beginning insert “Parts 1 to 4 of” |
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| |
| |
| | |
| Title, line 2, after “conviction;” insert “to make provision about offences committed by |
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| |
| |
| | |
| Title, line 2, after “conviction;” insert “to create an offence of the corrupt or other |
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| improper exercise of police powers and privileges;” |
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| |
| | |
| Title, line 2, after “conviction;” insert “to create offences involving ill-treatment or wilful |
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| neglect by a person providing health care or social care;” |
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| | Bill read the third time, and passed. |
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| |
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