S.C.G.
Amendment Paper as at
Tuesday 13th June 2000
STANDING COMMITTEE G
CARE STANDARDS BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [6th June], as follows:
Clauses 1 to 68, Schedule 2, Clauses 69 to 102, new Clauses, Schedule 1, Schedules 3 to 5, new Schedules.
Mr Philip Hammond
Mrs Caroline Spelman
119
Clause 7, page 5, line 18, after 'available', insert 'to social service providers, Health Authorities and'.
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 Philip Hammond
Mrs Caroline Spelman
120
Clause 7, page 5, line 18, at end insert—
'(3A) In pursuance of its duties under subsection (3) above the Commission shall develop and promote a "star-rating" scheme classifying establishments according to the quality of service provided to assist the public in comparing quality and to allow local authorities to recognise objective measures of service quality in their contracting arrangements.'.
Mr Philip Hammond
Mrs Caroline Spelman
121
Clause 7, page 5, line 18, at end insert—
'( ) The Commission shall publish an annual review of the provisions of Part II services and level of fees paid to providers and payable by service users therefor)'.
Mr Philip Hammond
Mrs Caroline Spelman
123
Clause 7, page 5, line 22, leave out 'States's' and insert 'State's'.
Mr Philip Hammond
Mrs Caroline Spelman
122
Clause 7, page 5, line 22, at end insert ', and the Commission shall publish any such advice or information given.'.
Mr Philip Hammond
Mrs Caroline Spelman
124
Clause 7, page 5, line 23, leave out 'give' and insert 'publish'.
Mr Philip Hammond
Mrs Caroline Spelman
125
Clause 7, page 5, line 26, after 'quality', insert 'or value for money'.
Mr Paul Burstow
Dr Peter Brand
147
Clause 7, page 5, line 26, after 'quality', insert 'or availability'.
Mr Philip Hammond
Mrs Caroline Spelman
126
Clause 7, page 5, line 28, leave out 'and' and insert—
'( ) the impact of minimum standards set out in any statements under section 22 on supply or cost of Part II services in England; and'.
Mr Philip Hammond
Mrs Caroline Spelman
127
Clause 7, page 5, line 32, at end insert—
'( ) The Secretary of State shall by regulations define the respective responsibilities of the Commission and the Social Services Inspectorate and shall specify arrangements for co-operation between them.'.
Mr John Hutton
57
Clause 7, page 5, line 33, after 'section' insert 'and section 8'.
Mr John Hutton
58
Clause 7, page 5, line 37, leave out subsections (8) to (11).
Mr Philip Hammond
Mrs Caroline Spelman
128
Clause 7, page 5, line 37, leave out 'provision of'.
Mr Philip Hammond
Mrs Caroline Spelman
130
Clause 7, page 6, line 5, at end add ', having due regard to the size of the hospital and the scope and extent of treatment it undertakes.'.
Mr Philip Hammond
Mrs Caroline Spelman
129
Clause 7, page 6, line 5, at end add—
'(12) In this section, a requirement to publish advice or information given to the Secretary of State shall be interpreted to mean making that advice or information widely available to representative organisations likely, in the opinion of the Commission, to be interested in it and placing a copy of it in the Library of the House of Commons.'.
Mr John Hutton
59
Clause 8, page 6, line 6, at beginning insert—
'(A1) The Assembly shall have the general duty of encouraging improvement in the quality of Part II services provided in Wales.
(A2) The Assembly shall make information about Part II services provided in Wales available to the public.
(A3) In relation to Part II services provided in Wales, the Assembly shall have any additional function specified in regulations made by the Assembly; but the regulations may only specify a function corresponding to a function which, by virtue of section 7, is exercisable by the Commission in relation to Part II services provided in England'.
Mr Philip Hammond
Mrs Caroline Spelman
131
Clause 8, page 6, line 11, at end add—
'( ) Subject to the provisions of this Act, the Assembly may not charge a fee in connection with the exercise of any power conferred on it by or under this Act.
( ) The Assembly may charge a reasonable fee determined by it—
(a) for any advice, forms or documents provided for the assistance of a person who proposes to apply, or is considering whether to apply, for registration under Part II; and
(b) for any training provided by it under paragraph 15 of Schedule 1.'.
Mr Philip Hammond
Mrs Caroline Spelman
149
Clause 9, page 6, line 19, leave out 'Where no direction has been given,'.
Mr John Hutton
60
Clause 9, page 6, line 28, leave out 'the Assembly's registration functions' and insert—
'(a) any functions exercisable by the Assembly by virtue of section 5(b) or 8(A3); or
(b) any other functions exercisable by the Assembly corresponding to functions exercisable by the Commission in relation to England'.
Mr Philip Hammond
Mrs Caroline Spelman
132
Clause 9, page 6, line 28, leave out 'registration functions' and insert 'functions under this Act'.
Mr John Hutton
Mr Philip Hammond
Mrs Caroline Spelman
61
Clause 9, page 6, line 30, leave out subsection (7).
Mr Philip Hammond
Mrs Caroline Spelman
134
Clause 9, page 6, line 33, leave out from 'shall' to 'be' in line 35.
Mr Philip Hammond
Mrs Caroline Spelman
135
Clause 9, page 6, line 35, leave out 'that Minister' and insert 'he'.
Mr Jonathan R. Shaw
Mr Hilton Dawson
Mr Stephen McCabe
56
Clause 10, page 7, line 5, at end insert—
'(3A) Any person who privately fosters a child under the age of 16 years for a consecutive period of 28 days or more without being registered under this Part shall be guilty of an offence'.
Mr Philip Hammond
Mrs Caroline Spelman
136
Clause 10, page 7, line 19, leave out 'of the offence' and insert 'under this Act'.
Mr Philip Hammond
Mrs Caroline Spelman
137
Clause 10, page 7, line 20, leave out 'of' and insert 'for'.
Mr Philip Hammond
Mrs Caroline Spelman
151
Clause 11, page 7, line 26, leave out from 'the' to end and insert 'information prescribed in regulations;'.
Mr Philip Hammond
Mrs Caroline Spelman
138
Clause 11, page 7, leave out lines 27 and 28.
Mr John Hutton
62
Clause 11, page 7, line 29, at end insert—
'( ) A person who applies for registration as the manager of an establishment or agency must be an individual.'.
Mr Philip Hammond
Mrs Caroline Spelman
139
Clause 11, page 7, line 32, at end add—
'( ) Where a single establishment includes establishments of different descriptions the person who carries on or manages it shall only be required to make one application in respect of the establishment.'.
Mr Philip Hammond
Mrs Caroline Spelman
140
Clause 12, page 7, line 40, leave out 'and will continue to be'.
Mr Philip Hammond
Mrs Caroline Spelman
141
Clause 12, page 7, leave out line 42.
Mr Philip Hammond
Mrs Caroline Spelman
142
Clause 12, page 7, line 42, at end add—
'( ) If the registration authority is not satisfied as provided in subsection (2) above, it shall either refuse the application or grant it subject to such conditions as the registration authority thinks fit.'.
Mr Philip Hammond
Mrs Caroline Spelman
143
Clause 12, page 7, line 43, leave out subsection (3).
