S.C.G.
Amendment Paper as at
Tuesday 4th July 2000
STANDING COMMITTEE G
New Amendments handed in are marked thus *
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 David Hanson
462
Clause 97, page 61, line 15, leave out 'The following subsections' and insert 'Subsections (5) to (7)'.
Mr John Hutton
468
Clause 97, page 61, line 16, leave out 'or the Assembly' and insert 'the Assembly or the appropriate Minister'.
Mr David Hanson
463
Clause 97, page 61, line 33, at end insert—
'( ) The provision which, by virtue of subsection (7), may be made by regulations under the Part of this Act which relates to the Children's Commissioner for Wales includes provision amending or repealing any enactment or instrument.'.
As an Amendment to Mr David Hanson's proposed Amendment (No. 463) (Clause 97, page 61, line 33):
Mr Paul Burstow
Dr Peter Brand
(a)
Line 2, after 'to', insert 'the Children's Commissioner for England and'.
Mr Philip Hammond
Mrs Caroline Spelman
492
Clause 98, page 61, line 39, leave out 'or instrument'.
Mr John Hutton
469
Clause 100, page 62, line 9, after 'England', insert 'Scotland or Northern Ireland'.
Mr John Hutton
470
Clause 100, page 62, line 10, at end insert—
'and in relation to England and Wales means the Secretary of State and the Assembly acting jointly'.
Mr John Hutton
46
Clause 100, page 62, line 11, at end insert—
' "community home" has the same meaning as in the 1989 Act;'.
Mr John Hutton
464
Clause 100, page 62, line 15, at end insert—
' "enactment" includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978)'.
Mr John Hutton
47
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
48
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,
(c) management of urinary and bowel functions,
(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
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—
(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—
(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—
'.—(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.'.
