Vote Bundle Text (900627-04)

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

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Mr John Hutton

445

Clause 79, page 51, line 1, leave out from '(2)' to end of line 4 and insert 'or (2A) provisionally include an individual in the list kept under section 70, or confirm his inclusion in that list, unless he provisionally includes him in the list kept under section 1 of the 1999 Act or, as the case requires, confirms his inclusion in that list.'.

Mr John Hutton

446

Clause 79, page 51, line 5, after '(2)' insert 'or (2A)'.

Mr John Hutton

447

Clause 81, page 52, line 1, leave out '3' and insert '2B'.

Mr John Hutton

448

Clause 81, page 52, line 1, after 'Act' insert '(inserted by section (Inclusion in 1999 Act list on reference by certain authorities))'.

Mr John Hutton

449

Clause 81, page 52, leave out lines 2 to 12 and insert—

'2C.—( ) Section 71(4) to (7) of the Care Standards Act 2000 (persons who provide care for vulnerable adults: duty to refer) shall, in the case of any reference under subsection (1) of that section or section (Power of registration authority to refer) of that Act, apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the reference in subsection (7)(b) to vulnerable adults were a reference to children.

( ) Section 72(4) to (7) of that Act (employment agencies and businesses: duty to refer) shall, in the case of any reference under subsection (1) of that section, apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the reference in subsection (7)(b) to vulnerable adults were references to children.

( ) Section (Individuals named in the findings of certain inquiries) of the Care Standards Act 2000 shall apply in relation to the list kept under section 1 above as it applies in relation to the list kept under section 70 of that Act, but as if the references in subsections (1)(c)(ii) and (5)(b) to vulnerable adults were references to children.'.

Mr John Hutton

450

Clause 81, page 52, leave out lines 14 to 17 and insert 'this section provisionally include an individual in the list kept under section 1 above, or confirm his inclusion in that list, unless he provisionally includes him in the list kept under section 70 of the Care Standards Act 2000 or, as the case requires, confirms his inclusion in that list.'

Mr John Hutton

451

Clause 81, page 52, line 18, leave out 'subsection (2) above' and insert 'this section'.

Mr John Hutton

452

Clause 81, page 52, line 24, leave out 'section 71 or 72' and insert 'Part VI'.

Mr John Hutton

417

Clause 85, page 54, line 30, after 'school' insert 'or college'.

Mr John Hutton

418

Clause 85, page 55, line 20, at end insert—

' "appropriate authority" means—

(a) in relation to England, the National Care Standards Commission;

(b) in relation to Wales, the National Assembly for Wales.'

Mr John Hutton

419

Clause 85, page 55, line 21, leave out from 'means' to 'of' in line 22 and insert 'an institution within the further education sector as defined in section 91.

Mr John Hutton

420

Clause 85, page 55, line 36, after 'to' insert 'an institution conducted by'.

Mr John Hutton

421

Clause 85, page 55, line 45, after 'is' insert 'an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992, or'.

Mr John Hutton

422

Clause 87, page 57, line 31, at end insert—

Mr John Hutton

423

Clause 89, page 58, line 24, leave out from 'means' to 'of' in line 25 and insert 'an institution within the further education sector as defined in section 91.

Mr John Hutton

424

Clause 89, page 58, line 28, at end insert—

' "further education corporation" has the same meaning as in the Further and Higher Education Act 1992.".'

Mr John Hutton

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

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

Mr John Hutton

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

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

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.'.

Mr John Hutton

453

Clause 100, page 63, line 26, at end insert—

'( ) For the purposes of this Act an individual is made redundant if—

(a) he is dismissed; and

(b) for the purposes of the Employment Rights Act 1996 the dismissal is by reason of redundancy.'.

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—

(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.'.