Vote Bundle Text (900629-03)

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

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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

471

Clause 100, page 62, line 41, leave out 'only'.

Mr John Hutton

472

Clause 100, page 62, line 42, after 'State', insert 'or the Assembly'.

Mr Philip Hammond
Mrs Caroline Spelman

493

Clause 100, page 63, line 18, leave out 'prescribed'.

Mr Paul Burstow
Dr Peter Brand

479

Clause 100, page 63, line 21, at end insert—

'( ) In this Act, the expression "nursing care" means provision of care that is not "personal care" or "practical assistance" as defined in this Act and includes assessment, treatment or care which can only be provided by or under the supervision by a registered nurse and extends to control of medication, dressing, injections, feeding requiring nursing skills, pressure sores, specialist incontinence management, complex prosthesis management and and appliances, cognitive and behavioural support and management of complex psychological or aggressive states; but does not include any prescribed activity or extend to the provision of equipment by health authorities.'.

Mr Paul Burstow
Dr Peter Brand

480

Clause 100, page 63, line 21, at end insert—

'(2A) In this Act, the expression "practical assistance" means assistance with activities for daily living undertaken by care homes, day centres and domiciliary care agencies that is not "personal care" or "nursing care" as defined in this Act and includes housework, cleaning, laundry, shopping services, specialist transport involving assistance and the provision of advice, encouragement and assistance but does not extend to any prescribed activity.'.

Mr Paul Burstow
Dr Peter Brand

481

Clause 100, page 63, line 22, leave out from 'care"' to end of line 24 and insert 'means all direct care that is not "practical assistance" or "nursing care" as defined in this Act and includes—

(a) care relating to personal hygiene and toileting,

(b) assistance with feeding, eating and drinking,

(d) promotion of continence and management of incontinence,

(e) assistance with mobility and transfers,

(f) promotion of independence and social functioning, anxiety and behaviour management,

(g) social care needs assessment and ensuring personal safety,

(h) encouragement and assistance with cognitive functions, and

(i) administration and monitoring of medication.

This subsection shall not include any prescribed activity.'.

Mr John Hutton

473

Clause 100, page 63, line 22, leave out from 'care"'to 'does' in line 23.

Mr Philip Hammond
Mrs Caroline Spelman

494

Clause 100, page 63, line 22, leave out 'or "nursing or personal care".'.

Mr Philip Hammond
Mrs Caroline Spelman

495

Clause 100, page 63, leave out line 24 and insert 'activity prescribed by regulations as being excluded from"personal care".'.

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

474

Clause 100, page 63, line 24, at end insert—

'( ) An establishment is not a care home for the purposes of this Act unless the care which it provides includes assistance with bodily functions where such assistance is required.'

Mr Philip Hammond
Mrs Caroline Spelman

496

Clause 100, page 63, line 25, leave out 'child's' and insert 'child'.

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.'.

Mr David Hanson

465

Clause 100, page 63, line 40, at end insert—

'Commissioner

Section (Children's Commissioner for Wales)'.

Mr John Hutton

475

Clause 102, page 64, line 17, leave out subsection (5).

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.'.

Power of registration authority to refer

Mr John Hutton

NC25

To move the following Clause:—

'.—(1) The registration authority may refer a care worker to the Secretary of State if—

(a) on the basis of evidence obtained by it in the exercise of its functions under Part II of this Act, the authority considers that the worker has been guilty of misconduct (whether or not in the course of his employment) which harmed or placed at risk of harm a vulnerable adult; and

(b) the worker has not been referred to the Secretary of State under section 71 or 72 in respect of the misconduct.

(2) Section 71(4) to (7) shall apply in relation to a reference made by the registration authority under subsection (1) as it applies in relation to a reference made by a person under section 71(1).

(3) The reference in subsection (1) to misconduct is to misconduct which occurred after the commencement of this section.'