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Care Standards Bill

This is the text of the Care Standards Bill, as amended in Committee in the House of Commons and printed on 4th July 2000.

 
 
  
Care Standards Bill
 
 
 
 
ARRANGEMENT OF CLAUSES

PART I
INTRODUCTORY
Preliminary
Clause 
1.Children's homes.
2.Independent hospitals etc.
3.Care homes.
4.Other basic definitions.

Registration authorities
5.Registration authorities.
6.National Care Standards Commission.
7.General duties of the Commission.
8.General functions of the Assembly.
9.Co-operative working.
10.Inquiries.

PART II
ESTABLISHMENTS AND AGENCIES
Registration
11.Requirement to register.
12.Applications for registration.
13.Grant or refusal of registration.
14.Cancellation of registration.
15.Applications by registered persons.
16.Regulations about registration.

Registration procedure
17.Notice of proposals.
18.Right to make representations.
19.Notice of decisions.
20.Urgent procedure for cancellation etc.
21.Appeals to the Tribunal.

Regulations and standards
22.Regulation of establishments and agencies.
23.National minimum standards.

Offences
24.Failure to comply with conditions.
25.Contravention of regulations.
26.False descriptions of establishments and agencies.
27.False statements in applications.
28.Failure to display certificate of registration.
29.Proceedings for offences.
30.Offences by bodies corporate.

Miscellaneous and supplemental
31.Inspections by persons authorised by registration authority.
32.Inspections: supplementary.
33.Annual returns.
34.Liquidators etc.
35.Death of registered person.
36.Provision of copies of registers.
37.Service of documents.
38.Transfers of staff under Part II.
39.Temporary extension of meaning of "nursing home".
40.Temporary extension of meaning of "children's home".
41.Children's homes: temporary provision about cancellation of registration.
42.Power to extend the application of Part II.

PART III
LOCAL AUTHORITY SERVICES
43.Introductory.
44.Inspection by registration authority of adoption and fostering services.
45.Inspections: supplementary.
46.Action following inspection.
47.Regulation of the exercise of relevant fostering functions.
48.National minimum standards.
49.Annual returns.
50.Annual fee.
51.Contravention of regulations.
52.Offences: general provisions.

PART IV
SOCIAL CARE WORKERS
Preliminary
53.Care Councils.
54.Interpretation.

Registration
55.The register.
56.Applications for registration.
57.Grant or refusal of registration.
58.Removal etc. from register.
59.Rules about registration.
60.Use of title "social worker" etc.

Codes of practice
61.Codes of practice.

Training
62.Approval of courses etc.
63.Qualifications gained outside a Council's area.
64.Post registration training.
65.Visitors for certain social work courses.
66.Functions of the appropriate Minister.

Miscellaneous and supplemental
67.Appeals to the Tribunal.
68.Publication etc. of register.
69.Abolition of Central Council for Education and Training in Social Work.
70.Rules.

PART V
THE CHILDREN'S COMMISSIONER FOR WALES
71.Children's Commissioner for Wales.
72.Review and monitoring of arrangements.
73.Examination of cases.
74.Obstruction etc.
75.Further functions.
76.Restrictions.
77.Interpretation.

PART VI
CHILD MINDING AND DAY CARE
78.Amendment of Children Act 1989.

PART VII
PROTECTION OF CHILDREN AND VULNERABLE ADULTS
Protection of vulnerable adults
79.Basic definitions.
80.Duty of Secretary of State to keep list.
81.Persons who provide care for vulnerable adults: duty to refer.
82.Employment agencies and businesses: duty to refer.
83.Power of registration authority to refer.
84.Individuals named in the findings of certain inquiries.
85.Appeals against inclusion in list.
86.Applications for removal from list.
87.Conditions for application under section 86.
88.Effect of inclusion in list.
89.Searches of list under Part V of Police Act 1997.
90.Access to list before commencement of section 89.
91.Persons referred for inclusion in list under Protection of Children Act 1999.
92.Power to extend Part VII.

The list kept under section 1 of the 1999 Act
93.Employment agencies and businesses.
94.Inclusion in 1999 Act list on reference by certain authorities.
95.Inclusion in 1999 Act list of individuals named in findings of certain inquiries.
96.Inclusion in 1999 Act list on reference under this Part.
97.Individuals providing care funded by direct payments.
98.Transfer from Consultancy Service Index of individuals named in past inquiries.

Restrictions on working with children in independent schools
99.Additional ground of complaint.
100.Effect of inclusion in 1996 Act list.
101.Searches of 1996 Act list.

General
102.Temporary provision for access to lists.
103.Suitability to adopt a child: searches of lists.

PART VIII
MISCELLANEOUS
Boarding schools and colleges
104.Welfare of children in boarding schools and colleges.
105.Suspension of duty under section 87(3) of the 1989 Act.
106.Boarding schools: national minimum standards.
107.Annual fee for boarding school inspections.
108.Inspection of schools etc. by persons authorised by Secretary of State.

Fostering
109.Extension of Part IX to school children during holidays.

Employment agencies
110.Nurses Agencies.

Charges for local authority welfare services
111.Charges for local authority welfare services.

PART IX
GENERAL AND SUPPLEMENTAL
CHAPTER I
GENERAL
112.Default powers of appropriate Minister.
113.Schemes for the transfer of staff.
114.Effect of schemes.
115.Minor and consequential amendments.
116.Transitional provisions, savings and repeals.

CHAPTER II
SUPPLEMENTAL
117.Orders and regulations.
118.Supplementary and consequential provision etc.
119.Wales.
120.General interpretation etc.
121.Commencement.
122.Short title and extent.
 

SCHEDULES:
    Schedule 1-The Commission and the Council.
    Schedule 2-The Children's Commissioner for Wales.
    Schedule 3-Child minding and day care for young children.
    Schedule 4-Minor and consequential amendments.
    Schedule 5-Transitional provisions and savings.
    Schedule 6-Repeals.
 

 
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Prepared 6 July 2000