Vote Bundle Text (900613-02)

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

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Mr Paul Burstow
Dr Peter Brand

Clause 12, page 8, line 1, at end insert 'conditional or unconditional'.

Mr Philip Hammond
Mrs Caroline Spelman

144

Clause 12, page 8, line 5, leave out from 'registration' to end of line 6.

Mr Philip Hammond
Mrs Caroline Spelman

159

Clause 13, page 8, line 9, after 'a', insert 'serious'.

Mr Philip Hammond
Mrs Caroline Spelman

161

Clause 13, page 8, line 12, at end insert 'where the convicted person was, at the time of the offence, in the opinion of the registration authority under the control or direction of the registered person'.

Mr Philip Hammond
Mrs Caroline Spelman

160

Clause 13, page 8, line 12, at end insert—

'( ) on the ground that that person has been convicted of an offence to which subsection 10(6) applies;

( ) on the ground that any other person has been convicted of an offence to which subsection 10(6) applies in relation to the establishment or agency;'.

Mr John Hutton

Clause 13, page 8, line 13, after 'being' insert ', or has at any time been,'.

Mr Philip Hammond
Mrs Caroline Spelman

162

Clause 14, page 8, line 30, after 'variation', insert 'or release'.

Mr Philip Hammond
Mrs Caroline Spelman

163

Clause 15, page 9, line 13, leave out from '(2)' to 'no'.

Mr Philip Hammond
Mrs Caroline Spelman

164

Clause 15, page 9, leave out lines 17 and 18 and insert 'an annual fee set by the registration authority at a level which the authority shall estimate from time to time as being sufficient to ensure that the aggregate of such fees shall meet the cost to the authority of maintaining the register of persons registered under this Part.'.

Mr Paul Burstow
Dr Peter Brand

148

Clause 15, page 9, line 17, leave out 'an' and insert 'a nominal'.

Mr Philip Hammond
Mrs Caroline Spelman

165

Clause 16, page 9, line 35, after 'vary', insert 'or release'.

Mr Philip Hammond
Mrs Caroline Spelman

166

Clause 16, page 9, line 38, at end insert—

'( ) A notice under subsection (4) above may only be given where the registration authority is satisfied that either—

(a) the requirements of regulation under section 21; or

(b) the requirements of any other enactment which appears to the registration authority to be relevant,

are not being complied with (so far as applicable) in relation to the establishment or agency.'.

Mr Philip Hammond

Mrs Caroline Spelman

167

Clause 17, page 9, line 44, leave out 'written'.

Mr Philip Hammond

Mrs Caroline Spelman

168

Clause 17, page 9, line 46, at end add—

'( ) Representations under subsection (1) above may be made in writing or in person and an opportunity shall be afforded to a person served with a notice under section 16 to make representations in person in the manner prescribed by regulations.'.

Mr Paul Burstow
Dr Peter Brand

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 Philip Hammond

Mrs Caroline Spelman

169

Clause 19, page 10, line 41, at end insert—

'( ) it appears to the justice that—

(i) the requirements of regulations under section 21; or

(ii) the requirements of any other enactment which appears to the justice to be relevant;

are not being complied with (so far as applicable) in relation to the establishment of agency; and'.

Mr Philip Hammond

Mrs Caroline Spelman

170

Clause 19, page 10, line 45, leave out 'made' and insert 'served on the person registered.'.

Mr Philip Hammond

Mrs Caroline Spelman

171

Clause 19, page 11, line 9, at end insert 'and appropriate authorities'.

Mr Philip Hammond

Mrs Caroline Spelman

172

Clause 19, page 11, line 18, at end insert—

'( ) In this section "served on the person registered" means delivered to that person or affixed to the establishment in respect of which the person is registered or, in the case of an agency, to the premises at which the business is carried on.'.

Mr Paul Burstow
Dr Peter Brand

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

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

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 John Hutton

Clause 21, page 12, line 22, at end insert—

'( ) Regulations under subsection (2)(a) may, in particular, make provision for prohibiting persons from managing an establishment or agency unless they are registered in, or in a particular part of, one of the registers maintained under section 52(1).'.

Mr Paul Burstow
Dr Peter Brand

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

Clause 21, page 12, line 30, after first 'the', insert 'active'.

Mr John Hutton

Clause 21, page 12, line 46, after 'of' insert 'documents and'.

Mr John Hutton

Clause 21, page 13, line 33, at end insert—

'( ) make provision requiring arrangements to be made by the person who carries on, or manages, a care home for securing that any nursing provided by the home is of appropriate quality and meets appropriate standards.'.

Mr Paul Burstow
Dr Peter Brand

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

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

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

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.'.

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 Paul Burstow
Dr Peter Brand

156

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

'(1A) Statements under subsection (1) shall include specific guidance on the assessment of the care needs of individuals to ensure consistent national minimum standards of needs assessment.'.

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.'.