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

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Mr John Hutton

68

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

69

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


   

Mr Paul Burstow
Dr Peter Brand

155

Clause     29,     page     15,     line     21,     leave out 'The' and insert 'Subject to subsections (5) and (6), the'.

   

Mr John Hutton

70

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

   

Mr John Hutton

71

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


   

Mr John Hutton

72

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",

      (c) in subsection (3)(e)(ii), "dental practitioner or" is omitted; and

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

            "(3A) The definition in subsection (1) above does not include any premises used, or intended to be used, wholly or mainly by a dental practitioner for the purpose of treating his patients unless subsection (3B) or (3C) below applies.

            (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

25

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


   

Mr John Hutton

73

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

   

Mr John Hutton

74

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


   

Mr Paul Burstow
Dr Peter Brand

33

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


   

Mr Paul Burstow
Dr Peter Brand

26

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

      (c) the earliest practical registration of all social care workers'.

   

Mr Paul Burstow
Dr Peter Brand

27

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

28

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

29

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

30

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

46

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

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

   

Mr John Hutton

47

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

48

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

49

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—

            "(6) In relation to a home which has ceased to exist, the reference in sub-paragraph (4) to any person carrying on the home shall be taken to be a reference to each of the persons who carried it on."

    (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.'.

 
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Prepared 13 Jun 2000