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Mr John Hutton
508
Schedule 3, page 74, line 11, leave out from 'managers",' to end of line 12 and insert 'for paragraph (c) there shall be substituted—
"(c) in relation to a registered establishment, the person or persons registered in respect of the establishment;" and
( ) after the definition of "Primary Care Trust" there shall be inserted—
"registered establishment" has the meaning given in section 34 above;".'.
Mr John Hutton
509
Schedule 3, page 74, line 12, at end insert—
'Public Health (Control of Disease) Act 1984 (c.22)
. In section 7(4) of the Public Health (Control of Disease) Act 1984 (port health district and authority for Port of London), paragraphs (h) and (i) and the "and" following paragraph (i) shall be omitted.'.
Mr John Hutton
327
Schedule 3, page 74, line 24, at end insert—
'Income and Corporation Taxes Act 1988 (c.40)
. In section 155A(6) of the Income and Corporation Taxes Act 1988 (care for children), after "section 71" there shall be inserted "or Part XA".'.
Mr John Hutton
328
Schedule 3, page 74, line 27, leave out '19(1)(c) (review of provision of day care),' and insert '19 (review of provision of day care, child minding etc.)—
(a) in subsection (1)(c),'.
Mr John Hutton
329
Schedule 3, page 74, line 28, at end insert 'and
(b) in subsection (5), for the definition of "relevant establishment" there shall be substituted—
"relevant establishment" means—
(a) in relation to Scotland, any establishment which is mentioned in paragraphs 3 and 4 of Schedule 9 (establishments exempt from the registration requirements which apply in relation to the provision of day care in Scotland); and
(b) in relation to England and Wales, any establishment which is mentioned in paragraphs 1 and 2 of Schedule 9A (establishments exempt from the registration requirements which apply in relation to the provision of day care in England and Wales);".'.
Mr John Hutton
510
Schedule 3, page 74, line 39, after 'children),', insert 'as it has effect before the commencement of section 4 of the Children (Leaving Care) Act 2000—
Mr John Hutton
511
Schedule 3, page 74, line 40, at end insert 'and
(b) in subsections (2)(d)(ii) and (12)(c), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".
( ) In section 24 (persons qualifying for advice and assistance) as it has effect after that commencement—
(a) in subsection (2)(c), for "registered" there shall be substituted "private"; and
(b) in subsection (2)(d)(ii), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".
( ) In section 24C(2) (information)—
(a) in paragraph (a), for "registered" there shall be substituted "private"; and
(b) in paragraph (c), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".'.
Mr John Hutton
512
Schedule 3, page 74, line 45, at end insert—
'( ) In section 60 (registration and regulation of voluntary homes)—
(a) for the sidenote there shall be substituted "Voluntary homes."; and
(b) for subsection (3) there shall be substituted—
"(3) In this Act "voluntary home" means a children's home which is carried on by a voluntary organisation but does not include a community home.".'.
Mr John Hutton
50
Schedule 3, page 75, line 8, leave out '63(11) (which introduces Schedule 6)' and insert '63 (children not to be cared for and accommodated in unregistered children's homes)—
(a) for the sidenote there is substituted "Private children's homes etc.";
(b) in subsection (11),'.
Mr John Hutton
51
Schedule 3, page 75, line 9, at end insert 'and
(c) in subsection (12), after "treated" there shall be inserted ", for the purposes of this Act and the Care Standards Act 2000,".'.
Mr John Hutton
513
Schedule 3, page 75, leave out from beginning of line 19 to first 'the' in line 20 and insert—
'(c) for subsection (3)(b) there shall be substituted—
"(b) the applicant's right to appeal under section 65A against the refusal to'.
Mr John Hutton
425
Schedule 3, page 75, line 23, leave out 'Act' and insert 'section and section 65A'.
Mr John Hutton
52
Schedule 3, page 75, line 26, at end insert—
'( ) In section 66 (privately fostered children)—
(a) in subsection (1)(a) after "accommodation" there shall be inserted "in their own home"; and
(b) after subsection (4) there shall be inserted—
"(4A) The Secretary of State may by regulations make provision as to the circumstances in which a person who provides accommodation to a child is, or is not, to be treated as providing him with accommodation in the person's own home."'.
Mr John Hutton
514
Schedule 3, page 75, line 26, at end insert—
'( ) After section 65 there is inserted—
| "Appeal against refusal of authority to give consent under section 65. | 65A.—(1) An appeal against a decision of an appropriate authority under section 65 shall lie to the Tribunal established under section 9 of the Protection of Children Act 1999.
(2) On an appeal the Tribunal may confirm the authority's decision or direct it to give the consent in question.".'.
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Mr John Hutton
515
Schedule 3, page 75, line 34, after 'home', insert 'or independent hospital'.
Mr John Hutton
516
Schedule 3, page 75, line 42, leave out '81(1)(d) (inquiries)' and insert '81(1) (inquiries)—
Mr John Hutton
517
Schedule 3, page 75, line 42, at end insert 'and—
(b) in paragraph (e), for "a residential care home, nursing home or mental nursing home" there shall be substituted "a care home or independent hospital".
( ) In section 82(6) (financial support by Secretary of State), in the definition of "child care training", for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".
( ) In section 83 (research and returns of information), in subsections (1)(c), (2)(c) and (3)(a)(ii), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital".
( ) In section 86—
(a) for the sidenote there shall be substituted "Children accommodated in care homes or independent hospitals." and
(b) in subsections (1) and (5), for "residential care home, nursing home or mental nursing home" there shall be substituted "care home or independent hospital"
( ) For the sidenote to section 87 (welfare of children accommodated in independent schools) there shall be substituted "Welfare of children in boarding schools and colleges".'.
Mr John Hutton
330
Schedule 3, page 75, line 42, at end insert—
'( ) In section 102(6)(a) (power of constable to assist in exercise of certain powers to search for children or inspect premises), after '76,' there shall be inserted '79U,'.
Mr John Hutton
331
Schedule 3, page 75, leave out line 43 and insert—
'( ) In section 105 (interpretation)—
Mr John Hutton
332
Schedule 3, page 76, line 2, at end insert—
'( ) in the definition of "day care", after "care"" there shall be inserted "(except in Part XA)";'.
Mr John Hutton
333
Schedule 3, page 76, line 2, at end insert—
'( ) in the definition of "hospital", after "hospital" there is inserted "(except in Schedule 9A)";'.
Mr John Hutton
518
Schedule 3, page 76, line 2, at end insert—
'( ) after the definition of income-based jobseeker's allowance there shall be inserted—
"independent hospital" has the same meaning as in the Care Standards Act 2000;".'.
Mr John Hutton
426
Schedule 3, page 76, line 7, leave out from 'home;"' to end of line 10.
Mr John Hutton
334
Schedule 3, page 76, line 10, at end insert—
'(b) after subsection (5) there shall be inserted—
"(5A) References in this Act to a child minder shall be construed—
(a) in relation to Scotland, in accordance with section 71;
(b) in relation to England and Wales, in accordance with section 79A.".'.
Mr John Hutton
519
Schedule 3, page 76, line 10, at end insert—
'. In Schedule 3 (supervision orders), in paragraphs 4(2)(c)(ii) and 5(2)(c), for "or mental nursing home" there is substituted ", independent hospital or care home".'.
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