S.C.G.
Amendment Paper as at
Thursday 25th May 2000
STANDING COMMITTEE G
Mr John Hutton
That, during proceedings on the Care Standards Bill [Lords], the Committee do meet, with effect from Tuesday 6th June, on Tuesdays at half-past Ten o'clock and at half-past Four o'clock and on Thursdays at Nine o'clock and at half-past Two o'clock.
CARE STANDARDS BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr John Hutton.
Mr John Hutton
To move, That the Bill be considered in the following order, namely, Clauses 1 to 68, Schedule 2, Clauses 69 to 102, new Clauses, Schedule 1, Schedules 3 to 5, new Schedules.
Mr John Hutton
37
Clause 1, page 1, line 8, leave out 'This section has' and insert 'Subsections (2) to (6) have'.
Mr John Hutton
38
Clause 1, page 1, line 13, at end insert 'or by a foster parent'.
Mr John Hutton
39
Clause 1, page 2, line 20, at end insert—
'But accommodation shall not for the purposes of paragraph (a) be regarded as provided to children for a number of days unless there is at least one child to whom it is provided for that number of days; and paragraph (b) shall be construed accordingly.'.
Mr John Hutton
40
Clause 1, page 2, line 20, at end insert—
'( ) For the purposes of this section a person is a foster parent in relation to a child if—
(a) he is a local authority foster parent in relation to the child;
(b) he is a foster parent with whom a child has been placed by a voluntary organisation under section 59(1)(a) of the 1989 Act; or
(c) he fosters the child privately.'.
Mr John Hutton
41
Clause 2, page 2, line 27, after 'illness' insert 'or palliative care'.
Mr Paul Burstow
Dr Peter Brand
1
Clause 2, page 2, line 42, after 'medical', insert 'and nursing'.
Mr Paul Burstow
Dr Peter Brand
2
Clause 2, page 2, line 42, after 'medical', insert 'and professions allied to medicine'.
Mr John Hutton
42
Clause 2, page 3, leave out line 11.
Mr Paul Burstow
Dr Peter Brand
19
Clause 4, page 3, line 31, at end insert—
'(1A) "Day Services" means any centre or other facilities for daytime training or occupation, including arrangements for supporting people using facilities generally available to members of the public, funded or provided, directly or indirectly, by a public authority for the use of persons over pension age or persons with a physical or mental disability.'.
Mr Paul Burstow
Dr Peter Brand
20
Clause 4, page 4, line 5, at end insert ', and approval of,'.
Mr John Hutton
43
Clause 4, page 4, line 10, leave out from 'agency' to end of line 11 and insert 'or employment business, being (in either case) a business which consists of or includes supplying, or providing services for the purpose of supplying, registered nurses, registered midwives or registered health visitors'.
Mr Paul Burstow
Dr Peter Brand
3
Clause 4, page 4, line 10, after 'of', insert 'care assistants and'.
Mr Paul Burstow
Dr Peter Brand
18
Clause 4, page 4, line 12, after 'include', insert 'any undertaking which consists of or includes arrangements for the provision of personal care to persons receiving direct payments from local authorities, or'.
Mr John Hutton
44
Clause 4, page 4, line 18, leave out subsections (8) and (9).
Mr Paul Burstow
Dr Peter Brand
9
Clause 6, page 5, line 8, at end insert—
'( ) In the exercise of its functions the Commission shall give due consideration to the views of children affected by the provisions of this Act.'.
Mr John Hutton
45
Clause 6, page 5, line 9, at end insert—
'( ) The powers of the Secretary of State under this Part to give directions include power to give directions as to matters connected with the structure and organisation of the Commission, for example—
(a) directions about the establishment of offices for specified areas or regions,
(b) directions as to the organisation of staff into divisions.'
Mr Paul Burstow
Dr Peter Brand
10
Clause 6, page 5, line 9, at end insert—
'(4) Regulations under this section shall correspond to section 23(2) and section 23(3) of the Health Act 1999 with respect to the disclosure of confidential information that relates to and identifies a living individual.'.
Mr Paul Burstow
Dr Peter Brand
11
Clause 7, page 5, line 14, at end insert 'including standards of clinical care provided in those services'.
Mr Paul Burstow
Dr Peter Brand
4
Clause 7, page 5, line 14, at end insert—
'(c) unmet need for care services'.
Mr Paul Burstow
Dr Peter Brand
21
Clause 7, page 5, line 16, at end insert—
'(2A) The Commission shall have the general duty to monitor and report to the Secretary of State on the level and impact of fees on the demand and supply of Part II services.'.
Mr Paul Burstow
Dr Peter Brand
5
Clause 7, page 5, line 18, at end insert—
'( ) The commission shall make information about Part II services provided in their locality available to local authorities, health authorities and community health councils.'.
Mr Paul Burstow
Dr Peter Brand
12
Clause 12, page 8, line 1, at end insert 'conditional or unconditional'.
Mr Paul Burstow
Dr Peter Brand
22
Clause 17, page 10, line 9, at end add—
'(3) Where a notice has been served under section 16, the registration authority shall seek and have regard for the views of service users as defined in section 69(6), informal carers and any other parties considered appropriate.'.
Mr Paul Burstow
Dr Peter Brand
13
Clause 20, page 11, line 30, at end insert—
'( ) The Tribunal shall on an appeal against a decision or order consult with and have regard to the views of service users, residents and their relatives, and organisations representing service users.'.
Mr Paul Burstow
Dr Peter Brand
23
Clause 20, page 11, line 37, at end add—
'(6) The Tribunal shall seek and have regard for the views of service users as defined in section 69(6), informal carers and any other parties considered appropriate when considering an appeal.'.
Mr Paul Burstow
Dr Peter Brand
16
Clause 21, page 12, line 1, at end insert—
'( ) make provision as to the inspection of arrangements for the management and use of medication in care homes;'.
Mr Paul Burstow
Dr Peter Brand
17
Clause 21, page 12, line 29, at end insert—
'( ) as to the promotion and implementation of effective infection control policies;'.
Mr Paul Burstow
Dr Peter Brand
24
Clause 21, page 12, line 30, after first 'the', insert 'active'.
Mr Paul Burstow
Dr Peter Brand
14
Clause 21, page 13, line 33, at end insert—
'(1) make provision requiring the person who carries on, or manages, an independent hospital or independent clinic to ensure procedures, agreed with the medical practitioners working in that establishment, are in place to implement clinical governance in respect of that establishment.'.
Mr Paul Burstow
Dr Peter Brand
35
Clause 22, page 14, line 2, at end add 'and in doing so shall seek and have regard for the views of service users and providers'.
Mr Paul Burstow
Dr Peter Brand
15
Clause 22, page 14, line 2, at end insert—
'( ) In preparing the standards the appropriate minister shall have regard to the needs and views of people with multiple physical or sensory impairments.'.
Mr Paul Burstow
Dr Peter Brand
31
Clause 22, page 14, line 2, at end insert—
'(1A) The appropriate Minister shall prepare and publish statements on the use of standard assessment tools to ensure consistency and transparency in the assessment of a person's care needs.'.
