Vote Bundle Text (900620-07)

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

back to previous text

Code of consultation

Mr Paul Burstow
Dr Peter Brand

NC14

To move the following Clause:—

'.—(1) The Secretary of State shall with the agreement of the Commissioner produce a code of consultation setting out the circumstances in which government departments shall consult the Commissioner, together with guidance on the timing and method of such consultations, arrangements for publication, and any other relevant matters.

(2) Government departments shall have regard to a code of consultation under this section.'.

Minister's requests

Mr Paul Burstow
Dr Peter Brand

NC15

To move the following Clause:—

'.Where a Minister of the Crown requests the Commissioner to consider or report on a particular matter the Commissioner shall have regard to that request.'.

Reports to Committee on the Rights of the Child

Mr Paul Burstow
Dr Peter Brand

NC16

To move the following Clause:—

'.A draft of any report which Her Majesty's Government intends to submit to the Committee on the Rights of the Child under Article 44 of the United Nations Convention on the Rights for the Child shall be sent to the Commissioner, who shall consider it and respond; and Her Majesty's Government shall have regard to the Commissioner's response before submitting the report.'.

Review of Act

Mr Paul Burstow
Dr Peter Brand

NC17

To move the following Clause:—

'.The Commissioner shall from time to time, when he thinks fit or is so required by the Secretary of State—

(a) review the working of this Act; and

(b) submit to the Secretary of State any proposals for amending it.'.

Interpretation

Mr Paul Burstow
Dr Peter Brand

NC18

To move the following Clause:—

'.In this Act "child" means a person under the age of eighteen.'.

Financial provisions

Mr Paul Burstow
Dr Peter Brand

NC19

To move the following Clause:—

'.There shall be paid out of money provided by Parliament any expenditure incurred—

(a) by a Minister of the Crown;

(b) by the Children's Rights Commissioner

by virtue of this Act.'.

Treatment of residents who entered care homes before April 1993

Mr Paul Burstow
Dr Peter Brand

NC20

To move the following Clause:—

'.Section 26A of the National Assistance Act 1948 shall cease to have effect.'.

Appeal to Commission

Mr David Amess
Mr Julian Brazier

NC24

To move the following Clause:—

'.—(1) Any person affected by a decision of a local authority in the exercise of its relevant functions under this Part shall have the right to appeal against that decision to the Commission.

(2) Grounds of appeal shall include, but are not limited to—

(a) miscarriage of justice; and

(b) failure to comply with legislation and guidelines.

(3) The Commission shall provide a written decision in relation to each appeal to the person who brings the appeal, the local authority and to the Secretary of State.

(4) The Commission shall publish, on an annual basis, the results of each appeal heard, the local authority involved, and the grounds on which a decision was reached, and shall provide the publication to the Secretary of State.

(5) The Commission shall make a copy of the publication referred to above available to the public, such copy to be edited so as to prevent identification of any child or any other such individual whom it is deemed should be protected by anonymity.

(6) The Commission may decline making the report available if there are exceptional circumstances which render such publication contrary to the public interest.'.

Mr Paul Burstow
Dr Peter Brand

Schedule 1, page 65, line 27, at end insert—

'4A. The Commission shall have the general duty to monitor and report to the Secretary of State on the level and impact of fees on the demand and supply of Part II services.'.

Mr Paul Burstow
Dr Peter Brand

Schedule 1, page 65, line 27, at end insert—

'4A. It is the duty of an authority to seek and have regard for the views of service users in the discharge of its functions.'.

Mr Paul Burstow
Dr Peter Brand

Schedule 1, page 65, line 30, at end insert 'and two of the members of each such authority shall wherever possible be current users of services regulated under this Act'.

Mr Paul Burstow
Dr Peter Brand

152

Schedule 1, page 66, line 31, leave out 'director' and insert 'commissioner'.

Mr Paul Burstow
Dr Peter Brand

153

Schedule 1, page 66, line 32, leave out 'director' and insert 'commissioner'.

Mr Paul Burstow
Dr Peter Brand

154

Schedule 1, page 66, line 34, leave out 'director' and insert 'commissioner'.

Mr Paul Burstow
Dr Peter Brand

Schedule 1, page 66, line 34, at end insert—

'Older Persons' Rights Director

11.—(1) The Commission shall appoint an older persons' rights director who is to be a member of staff of the Commission.

(2) The older persons' rights director shall have such functions as may be prescribed.'.

Mr Paul Burstow
Dr Peter Brand

157

Schedule 1, page 68, line 19, after 'State', insert 'and Parliament'.

Mr Paul Burstow
Dr Peter Brand

158

Schedule 1, page 68, line 21, after 'State', insert 'and Parliament'.

Mr John Hutton

273

Schedule 1, page 69, line 21, leave out 'and'.

Mr John Hutton

274

Schedule 1, page 69, line 25, at end insert—

'( ) in paragraph 1 of Schedule 17 (audit of Welsh public bodies), at the end there shall be inserted "(other than the Care Council for Wales)".'.

Mr John Hutton

326

*Schedule 3, page 74, line 5, at end insert—

'Magistrates' Court Act 1980 (c. 43)

. In Schedule 6 to the Magistrates' Court Act 1980 (fees), in the entry relating to family proceedings, in the paragraph relating to the Children Act 1989, for "Part X" there shall be substituted "Part XA".'.

Mr John Hutton

327

*Schedule 3, page 74, line 24, at end insert—

'Income and Corporation Taxes Act 1988 (c.40)

. In section 155A(6) of the Income and Corporation Taxes Act 1988 (care for children), after "section 71" there shall be inserted "or Part XA".'.

Mr John Hutton

328

*Schedule 3, page 74, line 27, leave out '19(1)(c) (review of provision of day care),' and insert '19 (review of provision of day care, child minding etc.)—

(a) in subsection (1)(c),'.

Mr John Hutton

329

*Schedule 3, page 74, line 28, at end insert 'and

(b) in subsection (5), for the definition of "relevant establishment" there shall be substituted—

"relevant establishment" means—

(a) in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and

(b) in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);".'.

Mr John Hutton

Schedule 3, page 75, line 8, leave out '63(11) (which introduces Schedule 6)' and insert '63 (children not to be cared for and accommodated in unregistered children's homes)—

(a) for the sidenote there is substituted "Private children's homes etc.";

(b) in subsection (11),'.

Mr John Hutton

Schedule 3, page 75, line 9, at end insert 'and

(c) in subsection (12), after "treated" there shall be inserted ", for the purposes of this Act and the Care Standards Act 2000,".'.

Mr John Hutton

Schedule 3, page 75, line 26, at end insert—

'( ) In section 66 (privately fostered children)—

(a) in subsection (1)(a) after "accommodation" there shall be inserted "in their own home"; and

(b) after subsection (4) there shall be inserted—

Mr John Hutton

330

*Schedule 3, page 75, line 42, at end insert—

'( ) In section 102(6)(a) (power of constable to assist in exercise of certain powers to search for children or inspect premises), after '76,' there shall be inserted '79U,'.