S.C.G.
Amendment Paper as at
Thursday 15th June 2000
STANDING COMMITTEE G
New Amendments handed in are marked thus *
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
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
13
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
23
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 Philip Hammond
Mrs Caroline Spelman
174
Clause 21, page 11, line 42, at end insert—
'( ) Before making regulations under this section the Minister shall undertake such consultation as he shall consider appropriate and place a summary of the responses to that consultation together with a list of the persons and organisations consulted in the Library of the House of Commons and the Library of the House of Lords.'.
Mr Paul Burstow
Dr Peter Brand
16
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 Philip Hammond
Mrs Caroline Spelman
176
Clause 21, page 12, line 2, leave out paragraph (a).
Mr Philip Hammond
Mrs Caroline Spelman
175
Clause 21, page 12, line 2, leave out 'fit' and insert 'suitable'.
Mr Philip Hammond
Mrs Caroline Spelman
177
Clause 21, page 12, line 6, leave out paragraph (c).
Mr Philip Hammond
Mrs Caroline Spelman
178
Clause 21, page 12, line 8, leave out paragraphs (d) and (e).
Mr Philip Hammond
Mrs Caroline Spelman
179
Clause 21, page 12, line 13, leave out paragraph (f).
Mr Philip Hammond
Mrs Caroline Spelman
180
Clause 21, page 12, line 14, at end add—
'
( ) make provision for the monitoring, recording and reporting of incidents of infection or other conditions requiring medical treatment acquired by a person during a period of accommodation in an establishment;'.
Mr Philip Hammond
Mrs Caroline Spelman
181
Clause 21, page 12, line 15, leave out paragraph (g).
Mr Philip Hammond
Mrs Caroline Spelman
182
Clause 21, page 12, line 18, leave out 'training' and insert 'qualification'.
Mr Philip Hammond
Mrs Caroline Spelman
183
Clause 21, page 12, line 19, leave out paragraph (i).
Mr Philip Hammond
Mrs Caroline Spelman
184
Clause 21, page 12, line 21, leave out paragraph (j).
Mr John Hutton
64
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
17
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
24
Clause 21, page 12, line 30, after first 'the', insert 'active'.
Mr Philip Hammond
Mrs Caroline Spelman
185
Clause 21, page 12, line 43, after 'the', insert 'minimum'.
Mr Philip Hammond
Mrs Caroline Spelman
186
Clause 21, page 12, leave out line 45.
Mr John Hutton
65
Clause 21, page 12, line 46, after 'of' insert 'documents and'.
Mr Philip Hammond
Mrs Caroline Spelman
187
Clause 21, page 13, line 1, after 'events', insert 'of a description specified in regulations'.
Mr Philip Hammond
Mrs Caroline Spelman
188
Clause 21, page 13, line 6, after 'agency', insert 'for a continuous period of 96 hours or more'.
Mr Philip Hammond
Mrs Caroline Spelman
189
Clause 21, page 13, line 10, at end add 'for a continuous period of 96 hours or more;'.
Mr Philip Hammond
Mrs Caroline Spelman
190
Clause 21, page 13, line 11, leave out paragraph (g).
Mr Philip Hammond
Mrs Caroline Spelman
191
Clause 21, page 13, line 18, leave out from 'as' to 'any' in line 19 and insert 'shall be calculated by the registration authority from time to time to be sufficient to meet the cost of dealing with'.
Mr Philip Hammond
Mrs Caroline Spelman
192
Clause 21, page 13, line 25, after 'agency', insert ', including arrangements for referral of complaints to an appropriate independent body where the complainant is not satisfied with the outcome of a complaint made under the procedure described above'.
Mr Philip Hammond
Mrs Caroline Spelman
193
Clause 21, page 13, line 32, after 'agency', insert 'are provided within a properly audited clinical governance framework and'.
Mr John Hutton
66
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.'.
As an Amendment to Mr John Hutton's proposed Amendment (No. 66) (Clause 21, page 13, line 33):
Mr Philip Hammond
Mrs Caroline Spelman
(a)
Line 3, leave out from 'the' to end and insert 'care home is of a quality specified in the regulations and meets the standards specified in the regulations'.
Mr Paul Burstow
Dr Peter Brand
14
Clause 21, page 13, line 33, at end insert—
'(l) 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 Philip Hammond
Mrs Caroline Spelman
194
Clause 21, page 13, line 33, at end insert—
'( ) make provision in the case of an establishment providing cosmetic surgery as to—
(a) the nature of statements that may be made with regard to the services provided; and
(b) the titles that may be used to describe persons carrying on, managing or employed at such an establishment.'.
Mr Philip Hammond
Mrs Caroline Spelman
195
Clause 21, page 13, line 34, leave out 'may' and insert 'shall'.
Mr Philip Hammond
Mrs Caroline Spelman
196
Clause 21, page 13, line 45, at end add—
'( ) Regulations may make provision in cases where an establishment or agency is subject to registration or inspection both by a registration authority, the Commission for Health Improvement and the Mental Health Act Commission, for any of those bodies to carry out the functions of all of them in relation to that establishment or agency.'.
