S.C.G.
Amendment Paper as at
Tuesday 20th 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 Paul Burstow
Dr Peter Brand
35
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
15
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
31
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
32
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 Philip Hammond
Mrs Caroline Spelman
200
Clause 22, page 14, line 2, at end insert—
'( ) In preparing and publishing such statements the Minister shall ensure that the costs of complying with any statement of minimum standards bears an appropriate relation to the benefit of compliance with such statement of minimum standards.'.
Mr Philip Hammond
Mrs Caroline Spelman
201
Clause 22, page 14, line 9, at end insert 'including any person who has been consulted or who has made representations to the Minister in respect of any previous statement made under this section.'.
Mr Philip Hammond
Mrs Caroline Spelman
202
Clause 22, page 14, line 9, at end insert—
'( ) No statement shall be published by the Minister under this section until a minimum of 28 days after the publication of a regulatory impact assessment setting out—
(a) the estimated total cost of implementing the standards contained in the statement;
(b) the estimated total cost to the public authorities of implementing the standards contained in the statement.'.
Mr Philip Hammond
Mrs Caroline Spelman
203
Clause 22, page 14, line 9, at end insert—
'( ) Any statement published under this section shall come into effect on a date to be specified at the time of publication being not less than twelve months after the date of publication.'.
Mr Philip Hammond
Mrs Caroline Spelman
204
Clause 22, page 14, line 10, leave out subsection (4) and add—
'(4) Any person who carries on or manages an establishment or agency to which a statement of minimum standards under this section applies shall be guilty of an offence if that establishment or agency does not comply with the statement of minimum standards.'.
Mr John Hutton
67
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
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 Philip Hammond
Mrs Caroline Spelman
212
Clause 29, page 15, line 24, leave out from 'of' to end of line 25 and insert 'verifying compliance with regulations made under this Part and statements made under section 22.'.
Mr Philip Hammond
Mrs Caroline Spelman
213
Clause 29, page 15, line 26, after 'time', insert 'during normal working hours'.
Mr Philip Hammond
Mrs Caroline Spelman
214
Clause 29, page 15, line 28, at end insert—
'( ) For the purposes of this section "normal working hours" means the hours during which premises are routinely used for business purposes and in the case of an establishment providing accommodation, means any time at which any person is accommodated at the premises.'.
Mr Philip Hammond
Mrs Caroline Spelman
215
Clause 29, page 15, line 28, at end insert—
'( ) A person authorised under subsection (2) may enter and inspect premises without notice during daylight hours and on the giving of notice not less than one hour before entering (such notice to be given in writing or verbally to the person for the time being in charge of the establishment) at all other times.'.
Mr Philip Hammond
Mrs Caroline Spelman
216
Clause 29, page 15, line 28, at end insert—
'( ) A person authorised under subsection (2) shall report his presence at the premises upon arrival to the manager or other person in charge at the time.'.
Mr Philip Hammond
Mrs Caroline Spelman
217
Clause 29, page 15, line 33, at end insert 'for the purpose of verifying compliance with regulations made under this part and statements made under section 22'.
Mr John Hutton
70
Clause 29, page 15, line 34, after 'any' insert 'documents or'.
Mr Philip Hammond
Mrs Caroline Spelman
218
Clause 29, page 15, line 41, at end insert 'who is present at the premises during the inspection;
( ) interview in private by arrangement with the manager or person carrying on the establishment or agency during normal working hours any person employed there who is not present at the premises during the inspection;'.
Mr Philip Hammond
Mrs Caroline Spelman
219
Clause 29, page 15, line 43, at end insert 'who, in the reasonable opinion of the person authorised under subsection (2), is capable of giving such consent'.
Mr John Hutton
71
Clause 29, page 15, line 46, after 'any' insert 'documents or'.
Mr Philip Hammond
Mrs Caroline Spelman
220
Clause 29, page 16, line 8, at end insert 'in accordance with regulations made under this part and statements made under section 22'.
Mr Philip Hammond
Mrs Caroline Spelman
222
Clause 29, page 16, line 17, at end insert—
'( ) The Secretary of State may by regulations make provision as to the persons or types of person who may be authorised by the registration authority under this section including provisions as to qualifications of such persons.'.
Mr Philip Hammond
Mrs Caroline Spelman
221
Clause 29, page 16, line 19, after 'section', insert 'or section 30'.
Mr Philip Hammond
Mrs Caroline Spelman
223
Clause 30, page 16, line 40, at end insert 'except that any measurements or photographs or recordings of a patient or person accommodated or cared for in an establishment may only be taken or made in accordance with the requirements of section 29(5) and (6)'.
Mr Philip Hammond
Mrs Caroline Spelman
225
Clause 30, page 16, line 40, at end insert—
'( ) A person so authorised who seizes or removes any document or other material or thing in accordance with subsection (1) shall issue a receipt in respect of any items seized and removed.'.
