Amendments proposed to the Care Standards Bill [Lords] - continued | House of Commons |
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Mr John Hutton 48 Clause 100, page 62, line 27, at end insert
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 493 Clause 100, page 63, line 18, leave out 'prescribed'.
Mr Paul Burstow 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 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 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
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 494 Clause 100, page 63, line 22, leave out 'or "nursing or personal care".'.
Mr Philip Hammond 495 Clause 100, page 63, leave out line 24 and insert 'activity prescribed by regulations as being excluded from"personal care".'.
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
(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
(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 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
Mr David Hanson 465 Clause 100, page 63, line 40, at end insert
Mr John Hutton 475 Clause 102, page 64, line 17, leave out subsection (5).
NEW CLAUSESFalse 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)
(2) In paragraph 2 of that Schedule, after sub-paragraph (5) there shall be inserted
(4) In paragraph 4 of that Schedule
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
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
(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.'
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