S.C.G.
Amendment Paper as at
Thursday 29th June 2000
STANDING COMMITTEE G
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
383
Schedule 2, page 69, line 45, at end insert '; or
(c) a volunteer working under the direct supervision of a person mentioned in (a) or (b)'.
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 John Hutton
427
Clause 69, page 44, line 16, after 'clinic' insert ', an independent medical agency'.
Mr Philip Hammond
Mrs Caroline Spelman
367
Clause 69, page 44, line 38, leave out 'prescribed'.
Mr John Hutton
428
Clause 69, page 44, line 42, leave out 'which is not an employment agency or an employment business'.
Mr John Hutton
429
Clause 69, page 45, line 1, leave out ', or an independent clinic,' and insert ', an independent clinic or an independent medical agency,'.
Mr Philip Hammond
Mrs Caroline Spelman
368
Clause 69, page 45, line 2, leave out 'prescribed'.
Mr Philip Hammond
Mrs Caroline Spelman
369
Clause 69, page 45, line 3, leave out 'prescribed'.
Mr John Hutton
430
Clause 69, page 45, line 4, after '78' insert 'or (Temporary provision for access to lists)'.
Mr John Hutton
431
Clause 69, page 45, line 4, after '78' insert 'or (Power to extend Part VI)'.
Mr John Hutton
432
Clause 69, page 45, line 6, after 'section' insert 'or section (Temporary provision for access to lists).'
Mr John Hutton
433
Clause 69, page 45, line 6, after 'section' insert 'or section (Power to extend Part VI)'.
Mr John Hutton
434
Clause 70, page 45, line 9, leave out from 'list' to end of line 12 and insert 'except in accordance with this Part'.
Mr Philip Hammond
Mrs Caroline Spelman
370
Clause 70, page 45, line 12, at end insert'or unless he is a person who provides care for vulnerable adults whom the Secretary of State has reason to believe would have fallen within the conditions referred to in paragraphs (a) and (b) if he had been a care worker'.
Mr Philip Hammond
Mrs Caroline Spelman
373
Clause 71, page 45, line 16, after 'shall', insert ', and any other person may,'.
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
436
Clause 71, page 45, line 24, leave out 'or retired' and insert ', retired or been made redundant'.
Mr John Hutton
437
Clause 71, page 45, line 26, leave out 'or retired' and insert ', retired or been made redundant'.
Mr Philip Hammond
Mrs Caroline Spelman
371
Clause 71, page 46, line 6, after 'determination', insert 'where he believes it necessary to do so for the purpose of protecting vulnerable adults'.
Mr John Hutton
438
Clause 71, page 46, line 31, leave out 'or retiring' and insert ', retiring or being made redundant'.
Mr John Hutton
439
Clause 71, page 46, line 33, leave out 'or retired' and insert ', retired or been made redundant'.
Mr John Hutton
440
Clause 71, page 46, line 36, at end insert—
'( ) This section does not apply where—
(a) the provider carries on a domiciliary care agency, or an independent medical agency, which is or includes an employment agency or an employment business; and
(b) the worker in question is a supply worker in relation to him.'.
Mr Philip Hammond
Mrs Caroline Spelman
372
Clause 72, page 47, line 25, after 'determination', insert 'where he believes it necessary to do so for the purpose of protecting vulnerable adults'.
Mr Philip Hammond
Mrs Caroline Spelman
364
Clause 74, page 48, line 40, leave out first 'section'.
Mr John Hutton
441
Clause 76, page 49, line 31, at end insert—
'( ) Where a person who provides care to vulnerable adults discovers that an individual employed by him in a care position is included in that list, he shall cease to employ him in a care position.
For the purposes of this subsection an individual is not employed in a care position if he has been suspended or provisionally transferred to a position which is not a care position.'.
Mr John Hutton
442
Clause 76, page 49, line 45, at end insert—
'(4) An individual who is included (otherwise than provisionally) in the list kept by the Secretary of State under section 70 shall be guilty of an offence if he knowingly applies for, offers to do, accepts or does any work in a care position.
(5) It shall be a defence for an individual charged with an offence under subsection (4) to prove that he did not know, and could not reasonably be expected to know, that he was so included in that list.
(6) An individual who is guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both.'.
Mr Philip Hammond
Mrs Caroline Spelman
363
Clause 76, page 49, line 45, at end add—
'( ) A person who is included on the list maintained by the Secretary of State under section 70 who seeks employment in a care position shall be guilty of an offence and liable to imprisonment for a term not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both'.
Mr Philip Hammond
Mrs Caroline Spelman
365
Clause 76, page 49, line 45, at end add—
'(4) A person who offers employment in a care position to any person in contravention of the requirements under subsection (1), shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5'.
Mr Philip Hammond
Mrs Caroline Spelman
366
Clause 76, page 49, line 45, at end add—
'( ) A person shall be deemed to have complied with the requirements of subsection (1) if, having made an application under section 77 or 78 he has received no response to that application within a period of fourteen days from the date of making such application'.
Mr John Hutton
443
Clause 79, page 50, line 40, leave out from beginning to 'apply' in line 43 and insert—
'.—( ) Section 2(4) to (7) of section 2 of the 1999 Act (referrals for inclusion in list of individuals who are considered unsuitable to work with children) shall, in the case of any reference under section 2 or 2A of that Act,'.
Mr John Hutton
444
Clause 79, page 50, line 46, at end insert—
'(2A) Section 2B of the 1999 Act shall apply in relation to the list kept under section 70 as it applies in relation to the list kept under section 1 of that Act, but as if the references in subsections (1)(c)(ii) and (5)(b) to children were references to vulnerable adults.'
