Vote Bundle Text (900606-04)

Amendments proposed to the Care Standards Bill [Lords] - continued	House of Commons

back to previous text

Mr Paul Burstow
Dr Peter Brand

Clause 22, page 14, line 2, at end insert—

'(1B) In preparing statements of standards the appropriate Minister shall include specific guidance on behaviour management in the relevant care setting.'.

Mr John Hutton

Clause 25, page 14, line 36, at end insert—

'(3) No person shall, with intent to deceive any person, in any way describe or hold out an establishment or agency as able to provide any service or do any thing the provision or doing of which would contravene a condition for the time being in force by virtue of this Part in respect of the establishment or agency.

(4) A person who contravenes subsection (3) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.'.

Mr John Hutton

Clause 27, page 15, line 7, at end insert—

'( ) Proceedings for an offence under this Part or regulations made under it may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no such proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.'.

Mr John Hutton

Clause 28, page 15, line 19, after 'officer' insert 'or member'.

Mr John Hutton

Clause 29, page 15, line 34, after 'any' insert 'documents or'.

Mr John Hutton

Clause 29, page 15, line 46, after 'any' insert 'documents or'.

Mr John Hutton

Clause 37, page 19, line 13, leave out from 'home)' to end of line 17 and insert—

'(a) in subsection (1), after "(3)" there is inserted "and (3A)",

(b) in subsection (2), for "subsection (1) above" there is substituted "this section",

(d) after subsection (3) there is inserted—

(3B) This subsection applies if—

(a) the premises are also used, or intended to be used, by that or another dental practitioner for the purpose of treating his patients under general anaesthesia; and

(b) the premises are not used, or intended to be used, by any dental practitioner for the purpose of treating his patients under general anaesthesia—

(i) in pursuance of the National Health Service Act 1977; or

(ii) under an agreement made in accordance with Part I of the National Health Service (Primary Care) Act 1997.

(3C) This subsection applies if the premises are used, or intended to be used, for the provision of treatment by specially controlled techniques and are not excepted by regulations under subsection (3)(g) above."'.

Mr Paul Burstow
Dr Peter Brand

Clause 39, page 19, line 27, at end add ', and including complementary therapies and nurse-led services.'.

Mr John Hutton

Clause 41, page 20, line 13, after 'any' insert 'documents or'.

Mr John Hutton

Clause 41, page 20, line 17, after 'any' insert 'documents or'.

Mr Paul Burstow
Dr Peter Brand

Clause 45, page 22, line 32, leave out 'and (2)' and insert ', (2) and (3)'.

Mr Paul Burstow
Dr Peter Brand

Clause 50, page 23, line 25, at end insert '; and

Mr Paul Burstow
Dr Peter Brand

Clause 50, page 23, line 30, at end insert—

'(3A) The appropriate Minister and the Assembly shall issue guidance to each Council setting out training targets and arrangements for the payment of monies to assist with the costs of training care workers by all providers.'.

Mr Paul Burstow
Dr Peter Brand

Clause 51, page 24, line 22, at end insert—

'(f) health care assistants registered with the United Kingdom Central Council for Nursing, Midwifery and Health Visitors.'.

Mr Paul Burstow
Dr Peter Brand

Clause 52, page 24, line 35, at end insert—

'(2A) Before the Council is established the appropriate Minister shall publish a report setting out when each description of social care worker will be opened for registration.'.

Mr Paul Burstow
Dr Peter Brand

Clause 71, page 45, line 19, at end insert—

'(1A) Where a referral involves a care worker who is also on the nursing register the provider shall also refer the care worker to the nursing registration authority.'.

Mr John Hutton

Clause 100, page 62, line 11, at end insert—

' "community home" has the same meaning as in the 1989 Act;'.

Mr John Hutton

Clause 100, page 62, line 15, at end insert—

' "to foster a child privately" has the same meaning as in the 1989 Act;'.

Mr John Hutton

Clause 100, page 62, line 27, at end insert—

' "local authority foster parent" has the same meaning as in the 1989 Act;'.

Mr John Hutton

Clause 100, page 63, line 24, at end insert—

'(3A) For the purposes of this Act, the person who carries on a fostering agency falling within section 4(4)(b), or a voluntary adoption agency, is the voluntary organisation itself.

(3B) References in this Act to a person who carries on an establishment or agency include references to a person who carries it on otherwise than for profit.

(3C) For the purposes of this Act, a community home which is provided by a voluntary organisation shall be taken to be carried on by—

(a) the person who equips and maintains it; and

(b) if the appropriate Minister determines that the body of managers for the home, or a specified member of that body, is also to be treated as carrying on the home, that body or member.

(3D) Where a community home is provided by a voluntary organisation, the appropriate Minister may determine that for the purposes of this Act the home is to be taken to be managed solely by—

(a) any specified member of the body of managers for the home; or

(b) any other specified person on whom functions are conferred under the home's instrument of management.

(3E) A determination under subsection (3C) or (3D) may be made either generally or in relation to a particular home or class of homes.'.

NEW CLAUSES

False 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)—

(a) in paragraph (a), after "is not" there shall be inserted ", or has not been,";

(b) after "is" there shall be inserted ", or has been,".

(2) In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted—

(3) In paragraph 3(3) of Schedule 6 to the 1989 Act (registered children's homes), after "is being" there shall be inserted "and has been".

(4) In paragraph 4 of that Schedule—

(a) in sub-paragraph (3) after "is being" there shall be inserted ", or has been,";

(b) after sub-paragraph (4) there shall be inserted—

"(5) In relation to a home which has ceased to exist, references in this paragraph and paragraph 5(4) to the person, or any person, carrying on the home include references to each of the persons who carried it on."'.

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—

(a) for prescribed functions of the NCSC to be exercised by CHI on behalf of the NCSC;

(b) for prescribed functions of CHI, so far as exercisable in relation to England, to be exercised by the NCSC on behalf of CHI,

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.'.