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

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Mr John Hutton

317

*Clause     68,     page     42,     line     36,     at end insert—

'Reserve powers of Chief Inspector..—(1) The Chief Inspector may, in any case where it appears to him to be appropriate to do so, secure that any inspection under section 79Q is conducted not by a registered inspector but by one or more members of the Inspectorate.

    (2) Where an inspection is being conducted by a registered inspector under that section, the Chief Inspector may arrange for the inspection to be monitored by another registered inspector or by one or more members of the Inspectorate.

    (3) Where an inspection is being conducted by a member of the Inspectorate by virtue of subsection (1), the Chief Inspector may arrange for it to be monitored by another member of the Inspectorate.'.

   

Mr John Hutton

318

*Clause     68,     page     43,     line     36,     at end insert—

'Time limit for proceedings.. 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 section more than three years after the commission of the offence.'.


   

Mr John Hutton

319

*Schedule     2,     page     70,     line     7,     leave out 'in'.

   

Mr John Hutton

320

*Schedule     2,     page     70,     line     8,     at beginning insert 'in'.

   

Mr John Hutton

321

*Schedule     2,     page     70,     line     9,     at beginning insert 'in'.

   

Mr John Hutton

322

*Schedule     2,     page     70,     leave out line 10 and insert—

      '( ) as a patient in a hospital (within the meaning of the Care Standards Act 2000);'.

   

Mr John Hutton

323

*Schedule     2,     page     70,     line     11,     at beginning insert 'in'.

   

Mr John Hutton

324

*Schedule     2,     page     70,     line     12,     leave out 'Welsh'.

   

Mr John Hutton

325

*Schedule     2,     page     70,     line     13,     at beginning insert 'in'.


   

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.'.


Independent advocacy services

   

Mr Paul Burstow
Dr Peter Brand
Mr Jonathan R. Shaw
Mr Hilton Dawson

NC1

To move the following Clause:—

    '. Local authorities shall secure that independent advocacy services are available for all children in their area who are placed under the provisions of Part II of this Act.'.


Complaints in respect of independent hospitals

   

Mr Paul Burstow
Dr Peter Brand

NC2

To move the following Clause:—

    '.—(1) The Commission shall institute procedures by which dissatisfaction with the dealing of complaints by independent hospitals may be expressed.

    (2) In the event that the Commission is satisfied that a complaint is upheld it shall be entitled to take account of such complaint in exercising any of its duties under this Act.

    (3) In the event that the Commission is satisfied that a complaint has not been properly dealt with by an agency or establishment it shall refer the matter to the Health Ombudsman.'.


Appointment and staff of commissioner

   

Mr Paul Burstow
Dr Peter Brand

NC3

To move the following Clause:—

    '.—(1) There shall be a Children's Rights Commissioner, who shall be appointed by Her Majesty on the recommendation of the Secretary of State.

    (2) Before making such a recommendation the Secretary of State shall consult such persons as appear to him to be appropriate.

    (3) The Commissioner—

      (a) shall be appointed for a period of five years;

      (b) shall hold office during that period unless—

          (i) relieved at his own request; or

          (ii) removed by Her Majesty in consequence of addresses from both Houses of Parliament;

      (c) at the end of a term of appointment shall be eligible for reappointment.

    (4) The Commissioner may appoint such staff as he thinks fit to assist with the discharge of his functions; and any function of the Commissioner may be performed by any member of his staff authorised for that purpose by the Commissioner.

    (5) The Commissioner and the Commissioner's staff shall not be regarded as agents or servants of the Crown.'.

 
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