Amendments proposed to the Care Standards Bill [Lords] - continued | House of Commons |
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NEW CLAUSESFalse statements in applications
Mr John Hutton NC21 To move the following Clause:'.(1) Any person who, in an application for registration under this Part or for the variation of any condition in force in relation to his registration, knowingly makes a statement which is false or misleading in a material respect shall be guilty of an offence. (2) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.'.
Children's homes: temporary provision about cancellation of registration
Mr John Hutton NC22 To move the following Clause:'.(1) In paragraph 1(4) of Schedule 5 to the 1989 Act (voluntary homes and voluntary organisations)
(2) In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted
(4) In paragraph 4 of that Schedule
Co-operative working
Mr John Hutton NC23 To move the following Clause:'.(1) The Commission for Health Improvement ("CHI") and the National Care Standards Commission ("NCSC") may, if authorised to do so by regulations, arrange
and accordingly CHI and the NCSC each have power to exercise functions of the other in accordance with arrangements under this subsection. (2) The Assembly and CHI may arrange for any functions of the Assembly mentioned in section 9(6) to be exercised by CHI on behalf of the Assembly; and accordingly CHI has power to exercise functions of the Assembly in accordance with arrangements under this subsection. (3) The Assembly and CHI may, if authorised to do so by regulations, arrange for prescribed functions of CHI, so far as exercisable in relation to Wales, to be exercised by the Assembly on behalf of CHI; and accordingly the Assembly has power to exercise functions of CHI in accordance with arrangements under this subsection. (4) References in this section to exercising functions include a reference to assisting with their exercise. (5) Regulations under this section shall be made by the Secretary of State; but the Secretary of State may not make regulations under subsection (3) without the agreement of the Assembly.'.
Independent advocacy services
Mr Paul Burstow NC1 To move the following Clause:'. Local authorities shall secure that independent advocacy services are available for all children in their area who are placed under the provisions of Part II of this Act.'.
Complaints in respect of independent hospitals
Mr Paul Burstow NC2 To move the following Clause:'.(1) The Commission shall institute procedures by which dissatisfaction with the dealing of complaints by independent hospitals may be expressed. (2) In the event that the Commission is satisfied that a complaint is upheld it shall be entitled to take account of such complaint in exercising any of its duties under this Act. (3) In the event that the Commission is satisfied that a complaint has not been properly dealt with by an agency or establishment it shall refer the matter to the Health Ombudsman.'.
Appointment and staff of commissioner
Mr Paul Burstow NC3 To move the following Clause:'.(1) There shall be a Children's Rights Commissioner, who shall be appointed by Her Majesty on the recommendation of the Secretary of State. (2) Before making such a recommendation the Secretary of State shall consult such persons as appear to him to be appropriate. (3) The Commissioner
(4) The Commissioner may appoint such staff as he thinks fit to assist with the discharge of his functions; and any function of the Commissioner may be performed by any member of his staff authorised for that purpose by the Commissioner. (5) The Commissioner and the Commissioner's staff shall not be regarded as agents or servants of the Crown.'.
Duties and guiding principles
Mr Paul Burstow NC4 To move the following Clause:'.(1) The Commissioner shall be under a duty
(2) In exercising these functions the Commissioner shall have regard to
Annual reports
Mr Paul Burstow NC5 To move the following Clause:'.(1) As soon as practicable after the end of each calendar year the Commissioner shall submit an annual report on his activities during the year to the Secretary of State. (2) The annual report shall include a general description of the circumstances of children in England and a survey of developments which have affected them during the period of the report. (3) The Secretary of State shall lay a copy of each annual report before both Houses of Parliament and shall cause the report to be published.'.
Recommendations and compliance notices
Mr Paul Burstow NC6 To move the following Clause:'.(1) The Commissioner may make other reports at his discretion, and may publish them as he thinks fit; and such reports may contain such recommendations for action by others (including Ministers of the Crown) as in the opinion of the Commissioner are necessary or expedient. (2) In making recommendations under subsection (1) the Commissioner shall give reasons in the report and shall send a copy of the report to any person at whom a recommendation is directed. (3) If it appears to the Commissioner that a person is not complying with the provisions of the United Nations Convention on the Rights of the Child as ratified by Her Majesty's Government he may make recommendations in the form of a compliance notice, which shall state his opinion as to the way in which provisions in the Convention are not being complied with and what action should be taken to comply.'.
Following up recommendations
Mr Paul Burstow NC7 To move the following Clause:'.(1) A person at whom a recommendation is directed by a Commissioner shall
(2) Where a person at whom a recommendation is directed intends not to comply with it he shall furnish the Commissioner with reasons for not doing so; and the Commissioner may publish the reasons. (3) The Commissioner may require a person at whom a recommendation is directed to furnish him with such information as may be reasonably required to verify whether the recommendation has been complied with. (4) Any person who fails to comply (whether wholly or partly) with a compliance notice may be required to publish that failure in such manner as the Commissioner may specify. (5) If the Commissioner has reasonable cause for believing that a person will not comply with subsection (4) he may
(6) The Commissioner shall
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