House of Commons Public Bill Committee Proceedings

Session 2014 - 15
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Other Bills before Parliament

Report Stage Proceedings: 17 June 2014
45

Criminal Justice and Courts Bill, continued

(b)
is not an education or childcare purpose.

      (3)
Health care is not excluded health care if it is provided on the premises of a

hospital to an individual who is being educated there by reason of a decision

made by a registered medical practitioner.

Use “for an education or childcare purpose”

2
A part of premises is used “for an education or childcare purpose” when it is

used—

(a)
for the purposes of education provided for an individual being

educated at an educational institution listed in paragraph 3 in

circumstances in which the institution requires the individual to attend

at the premises for that purpose;

(b)
for the purposes of education provided for a child of compulsory

school age under section 19 of the Education Act 1996 or section 100

of the Education and Inspections Act 2006 (provision of education in

cases of illness, exclusion etc);

(c)
for the purposes of education provided for a child of compulsory

school age as required by section 7 of the Education Act 1996,

otherwise than by regular attendance at an educational institution

listed in paragraph 3;

(d)
for the purposes of early years provision or later years provision

provided in England by a person who is registered, or required to be

registered, to provide such provision under Part 3 of the Childcare Act

2006;

(e)
for the purposes of later years provision provided in England for a

child who is aged 8 or over in circumstances in which a requirement

to register would arise under Part 3 of the Childcare Act 2006 if the

child were aged under 8;

(f)
for the purposes of childminding or day care provided in Wales by a

person who is registered, or is required to be registered, to provide

such care under Part 2 of the Children and Families (Wales) Measure

2010 (nawm 1);

(g)
for the purposes of a holiday scheme for disabled children in England

carried on or managed by a person who is registered to carry on or

manage such schemes, or required to be so registered, under Part 2 of

the Care Standards Act 2000.

Educational institutions

3
The educational institutions mentioned in paragraphs 1(1)(a) and (b) and (2)

and 2(a) and (c) are—

(a)
a maintained school (as defined in section 20(7) of the School

Standards and Framework Act 1998);

(b)
a maintained nursery school (as defined in section 22(9) of the Schools

Standards and Framework Act 1998);

(c)
an independent school (as defined in section 463 of the Education Act

1996) entered on a register of independent schools kept under section

158 of the Education Act 2002;

(d)
an independent educational institution (as defined in section 92(1) of

the Education and Skills Act 2008) entered on a register of

independent educational institutions kept under section 95 of that Act;

(e)
a school approved under section 342 of the Education Act 1996 (non-

maintained special schools);

Report Stage Proceedings: 17 June 2014
46

Criminal Justice and Courts Bill, continued

(f)
a pupil referral unit (as defined in section 19 of the Education Act

1996);

(g)
an alternative provision Academy (as defined in section 1C(3) of the

Academies Act 2010);

(h)
a 16 to 19 Academy (as defined in section 1B(3) of the Academies Act

2010);

(i)
a sixth form college (as defined in section 91(3A) of the Further and

Higher Education Act 1992);

(j)
a special post-16 institution (as defined in section 83(2) of the

Children and Families Act 2014).

Definitions

4
In this Schedule—

“childminding” has the same meaning as in Part 2 of the Children and

Families (Wales) Measure 2010 (nawm 1);

“children’s home” has the meaning given in section 1 of the Care Standards

Act 2000;

“day care” has the same meaning as in Part 2 of the Children and Families

(Wales) Measure 2010 (nawm 1);

“early years provision” has the meaning given in section 96 of the Childcare

Act 2006;

“education”—

(a)
does not include higher education;

(b)
includes vocational, social, physical and recreational training;

“health care” has the same meaning as in section (Ill-treatment or wilful

neglect: care worker offence);

“higher education” has the meaning given in section 579(1) of the

Education Act 1996;

“hospital”—

(c)
in relation to England, has the same meaning as in section 275 of

the National Health Service Act 2006, and

(d)
in relation to Wales, has the same meaning as in section 206 of

the National Health Service (Wales) Act 2006;

“later years provision” has the meaning given in section 96 of the Childcare

Act 2006;

“premises”, in relation to an educational institution, includes detached

playing fields but does not include land occupied solely as a dwelling by

a person employed at the institution;

“residential family centre” has the meaning given in section 4 of the Care

Standards Act 2000.”

Member’s explanatory statement

This excludes from the scope of the offence in new clause 45 health care provided in specified

education and childcare settings.

Secretary Chris Grayling

Agreed to  2

Clause  66,  page  63,  line  18,  leave out “16” and insert “16(1) to (4)”

Member’s explanatory statement

Report Stage Proceedings: 17 June 2014
47

Criminal Justice and Courts Bill, continued

This amendment is consequential on the insertion of subsection (5) of clause 16 (which was

inserted in Public Bill Committee)

Secretary Chris Grayling

Agreed to  45

Clause  66,  page  63,  line  18,  at end insert—

“( )
section (Corrupt or other improper exercise of police powers and

privileges);”

Member’s explanatory statement

This amendment provides for new Clause 44 to extend to England and Wales only.

Secretary Chris Grayling

Agreed to  47

Clause  66,  page  63,  line  18,  at end insert—

“( )
sections (Ill-treatment or wilful neglect: care worker offence), (Ill-

treatment or wilful neglect: care provider offence), (Ill-treatment or

wilful neglect: excluded care providers), (Care provider offence:

penalties), (Care provider offence: application to unincorporated

associations) and (Care provider offence: liability for ancillary and

other offences);”

Member’s explanatory statement

This amendment provides for the new clauses relating to ill-treatment and wilful neglect by care

workers and care providers to extend to England and Wales only.

Secretary Chris Grayling

Agreed to  3

Clause  66,  page  63,  leave out line 19

Member’s explanatory statement

This amendment and amendment 4 are required so that the amendments in Part 5 of Schedule 4

(further amendments relating to contracting-out secure colleges) have the same territorial extent

as the legislation that they amend (see clause 63(1)).

Secretary Chris Grayling

Agreed to  50

Clause  66,  page  63,  line  19,  at end insert—

“( )
section (Personal injury claims: cases of fundamental dishonesty);”

Member’s explanatory statement

This amendment provides for new clause to extend to England and Wales only.

Secretary Chris Grayling

Agreed to  48

Clause  66,  page  63,  line  20,  at end insert—

“( )
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

relating to ill-treatment and wilful neglect by care workers and care providers, to extend to

England and Wales only.

Report Stage Proceedings: 17 June 2014
48

Criminal Justice and Courts Bill, continued

Secretary Chris Grayling

Agreed to  4

Clause  66,  page  63,  line  21,  at beginning insert “Parts 1 to 4 of”

Secretary Chris Grayling

Agreed to  7

Title,  line  2,  after “conviction;” insert “to make provision about offences committed by

disqualified drivers;”

Secretary Chris Grayling

Agreed to  46

Title,  line  2,  after “conviction;” insert “to create an offence of the corrupt or other

improper exercise of police powers and privileges;”

Secretary Chris Grayling

Agreed to  49

Title,  line  2,  after “conviction;” insert “to create offences involving ill-treatment or wilful

neglect by a person providing health care or social care;”

Bill read the third time, and passed.



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