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

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Mr John Hutton

520

Schedule     3,     page     76,     leave out from beginning of line 14 to 'and' in line 19.

   

Mr John Hutton

53

Schedule     3,     page     76,     line     20,     at end insert—

    '( ) In paragraph 5(1) of Schedule 7 (foster parents: limit on number of foster children), after "treated" there shall be inserted ", for the purposes of this Act and the Care Standards Act 2000".'

   

Mr John Hutton

54

Schedule     3,     page     76,     line     20,     at end insert—

    '( ) In Schedule 8 (privately fostered children)—

      (a) in paragraph 2, sub-paragraph (1)(b) shall cease to have effect, and in sub-paragraph (2), for "(1)(b)" there shall be substituted "(1)(c)"; and

      (b) in paragraph 9(1), for "2(1)(d)" there shall be substituted "2(1)(c) and (d)", and at the end there shall be inserted—

            "But this sub-paragraph does not apply to a school which is an appropriate children's home."'.

   

Mr John Hutton

521

Schedule     3,     page     76,     line     20,     at end insert—

    '( ) For paragraph 2(1)(f) of Schedule 8 (privately fostered children) there shall be substituted—

            "(f) in any care home or independent hospital;".'.

   

Mr John Hutton

522

Schedule     3,     page     76,     line     31,     at end insert—

'Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c.25)

    . In paragraph 4(2)(a) of Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders), for "hospital or mental nursing home" there shall be substituted "independent hospital or care home within the meaning of the Care Standards Act 2000 or in a hospital".'

   

Mr John Hutton

335

Schedule     3,     page     76,     line     40,     at end insert—

'Water Industry Act 1991 (c.56)

    . In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), in paragraph 12 for "section 71(1)(b)" there shall be substituted "Part XA".'.

   

Mr John Hutton

523

Schedule     3,     page     76,     line     40,     at end insert—

'Water Industry Act 1991 (c.56)

    . In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), for paragraphs 8 and 9 there shall be substituted—

    "8.—(1) A care home or independent hospital.

    (2) In this paragraph—

      "care home" means—

          (a) a care home within the meaning of the Care Standards Act 2000;

          (b) a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948;

      "independent hospital" means an independent hospital within the meaning of the Care Standards Act 2000.

    9. A children's home within the meaning of the Care Standards Act 2000."

Local Government Finance Act 1992 (c.14)

    . In paragraph 7 of Schedule 1 to the Local Government Finance Act 1992 (persons disregarded for purposes of discount)—

      (a) in sub-paragraph (1)(a), for "residential care home, nursing home, mental nursing home" there shall be substituted "care home, independent hospital";

      (b) in sub-paragraph (1)(b), after "home" there shall be inserted ", hospital";

      (c) for sub-paragraph (2), there shall be substituted—

            "(2) In this paragraph—

            "care home" means—

                (a) a care home within the meaning of the Care Standards Act 2000; or

                (b) a building or part of a building in which residential accommodation is provided under section 21 of the National Assistance Act 1948;

            "hostel" means anything which falls within any definition of hostel for the time being prescribed by order made by the Secretary of State under this sub-paragraph;

            "independent hospital" has the same meaning as in the Care Standards Act 2000."

      (d) in sub-paragraph (3), for ""mental nursing home", "nursing home" or "residential care home"" there shall be substituted ""care home" or "independent hospital".".'.

   

Mr John Hutton

336

Schedule     3,     page     77,     line     33,     after 'registration' insert 'under'.

   

Mr John Hutton

454

Schedule     3,     page     77,     line     38,     at end insert—

    '( ) In section 2 (inclusion in list on reference to Secretary of State)—

      (a) in subsection (2)(b), for "or retired", in each place where those words occur, there shall be substituted ", retired or made redundant";

      (b) in subsection (8)(a), for "or retiring" there shall be substituted ", retiring or being made redundant" and for "or retired" there shall be substituted ", retired or been made redundant".'.

   

Mr John Hutton

455

Schedule     3,     page     77,     line     39,     leave out '7(2)' and insert '7'.

   

Mr John Hutton

456

Schedule     3,     page     77,     line     40,     after '1988)' insert—

      '(a) after subsection (1) there shall be inserted—

            "(1A) Where a child care organisation discovers that an individual employed by it in a child care position is included in any of the lists mentioned in subsection (1) above, it shall cease to employ him in a child care position.

            For the purposes of this subsection an individual is not employed in a child care position if he has been suspended or provisionally transferred to a position which is not a child care position." and

      (b) in subsection (2),'.

   

Mr John Hutton

524

Schedule     3,     page     78,     line     3,     leave out '65 of or paragraph 8 of Schedule 6 to' and insert '65A of'.

   

Mr John Hutton

457

Schedule     3,     page     78,     line     20,     leave out '12(1),' and insert '12 (interpretation)—

      (a) in subsection (1)—

          (i)''.

   

Mr John Hutton

458

Schedule     3,     page     78,     line     22,     at end insert 'and

          (ii) after the definition of "harm" there shall be inserted—

            "local authority" has the same meaning as in the Children Act 1989;".'.

   

Mr John Hutton

459

Schedule     3,     page     78,     line     22,     at end insert 'and

      (b) after subsection (3) there shall be inserted—

            "(3A) 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 John Hutton

460

Schedule     3,     page     78,     leave out lines 23 and 24.

   

Mr John Hutton

525

Schedule     3,     page     78,     line     40,     at end insert—

'Powers of Criminal Courts (Sentencing) Act 2000 (c.6)

    . The Powers of Criminal Courts (Sentencing) Act 2000 shall be amended as follows.

    . In paragraph 5(3)(a) of Schedule 2 (additional requirements which may be included in probation orders), for "a hospital or mental nursing home" there shall be substituted "an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital".

    . In paragraph 6(2)(a) of Schedule 6 (requirements which may be included in supervision orders), for "a hospital or mental nursing home" there shall be substituted "an independent hospital or care home within the meaning of the Care Standards Act 2000 or a hospital".'.

   

Mr John Hutton

526

Schedule     3,     page     78,     line     40,     at end insert—

'Amendments of local Acts

    .—(1) Section 16 of the Greater London Council (General Powers) Act 1981 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.

    (2) For paragraph (g) there shall be substituted—

            "(g) used as a care home, or an independent hospital, within the meaning of the Care Standards Act 2000;"

    (3) For paragraphs (gg) and (h) there shall be substituted—

            "(gg) used as a children's home within the meaning of the Care Standards Act 2000 which is a home in respect of which a person is registered under Part II of that Act;"

    (4) Paragraph (j) shall be omitted.

    .—(1) Section 10(2) of the Greater London Council (General Powers) Act 1984 (exemption from provisions of Part IV of the Act of certain premises) shall be amended as follows.

    (2) For paragraph (c) there shall be substituted—

            "(c) used as a care home, or an independent hospital, within the meaning of the Care Standards Act 2000;"

    (3) For paragraph (d) there shall be substituted—

            "(d) used as a children's home within the meaning of the Care Standards Act 2000 which is a home in respect of which a person is registered under Part II of that Act;"

    (4) Paragraphs (f) and (l) shall be omitted.'.


   

Mr David Hanson

466

Schedule     4,     page     79,     line     16,     at end insert—

'Children's Commissioner for Wales

    .—(1) The Part of this Act which relates to the Children's Commissioner for Wales has effect, in relation to times before the commencement of any other relevant provision of this Act, as if references—

      (a) to regulated children's services in Wales; and

      (b) to the provider of such services,

    were or included references to services which would be regulated children's services in Wales, or (as the case may be) to the person who would be the provider, if that provision were in force.

    (2) Sub-paragraph (1) has effect subject to any provision made under sections 97 or 98'.

 
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