Vote Bundle Text (900712-03)

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

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Interpretations

Mr Paul Burstow
Dr Peter Brand

NC14

To move the following Clause—

'.—(1) This Part applies to an older person to or in respect of whom regulated services in England or Wales are provided.

(2) In this Part, "regulated services in England or Wales" means services of a description provided by or in Part II undertakings for the time being provided in respect of older people, so far as provided in England or Wales.

(3) For the purposes of this Part, in the case of the services mentioned in subsection (2) the person who carries on the Part II undertaking is to be treated as the provider of the services.

(4) For the purposes of this section, an establishment or agency, and an undertaking of any other description, is a Part II undertaking if the provider of the services in question is for the time being required to be registered under that Part.

(5) Where the activities of an undertaking are carried on from two or more branches, each of those branches shall be treated as a separate undertaking for the purposes of this Part.

(6) Regulations may provide—

(a) for this Part to be treated as having applied to an older person at any time before the commencement of this Part if regulated services in England or Wales were at that time provided to or in respect of him;

(b) for references in this Part to older people to whom this Part applies to include references to persons who, at any prescribed time, were such older people.

(7) In this Part—

"information" includes information recorded in any form;

"regulations" means regulations made by the Secretary of State or the Assembly.'.

Healthcare Committee

Mr Paul Burstow
Dr Peter Brand

NC15

To move the following Clause:—

'.—(1) The Commission shall establish a Healthcare Committee chaired by a Commissioner who shall have specific responsibility for the Commission's functions in respect of independent hospitals.

(2) The Secretary of State shall appoint a Deputy Chairman of the Healthcare Committee from the staff of the Commission for Health Improvement("CHI"), and the Deputy Chairman shall have specific responsibility for ensuring that the system of inspection of independent hospitals is common and comparable to the system used to inspect National Health Service hospitals.

(3) The Secretary of State may be regulation define further specific responsibilities of the Committee established in accordance with subsection (1).'.

Mr Secretary Milburn

Page 2 [Clause 1], leave out from beginning of line 7 to 'or' in line 9.

Mr Secretary Milburn

Page 2, line 11 [Clause 1], after 'is' insert 'of a description'.

Mr Secretary Milburn

Page 2, line 14 [Clause 1], leave out 'An independent' and insert 'A'.

Mr Secretary Milburn

Page 2, line 40 [Clause 2], after 'illness' insert 'or mental disorder'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 3, line 5 [Clause 2], leave out 'services are' and insert 'a substantial part of the services provided are services'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 3, line 11 [Clause 2], leave out 'any' and insert 'a substantial part'.

Mr Secretary Milburn

Page 3, line 35 [Clause 3], at end insert—

'( ) persons who have or have had a mental disorder;'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 3, line 41 [Clause 3], at end insert '; or

'(d) it is a sheltered housing development in which residents live in defined self-contained units and are supplied with nursing or personal care on a variable basis according to their needs'.

Mr Secretary Milburn

Page 3, line 42 [Clause 3], after 'is' insert 'of a description'.

Mr Paul Burstow
Dr Peter Brand

Page 4, line 20 [Clause 4], at end insert—

'( ) "Healthcare agency" means, subject to subsection (6), any undertaking which consists of or includes arranging the provision of direct medical services performed by nurses to people in their own homes, or any undertaking which consists of or includes arranging the provision of any personal or medical care performed by occupational therapists, speech therapists or physiotherapists to people in their own homes.'.

Mr Secretary Milburn

Page 4, line 26 [Clause 4], at end insert 'description of'.

Mr Paul Burstow
Dr Peter Brand

Page 4, line 42 [Clause 4], after second 'agency,', insert 'a healthcare agency,'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 5, line 30 [Clause 7], at end insert—

'(3A) In pursuance of its duties under subsection (3) above the Commission shall promote the development of schemes classifying establishments according to the quality of services delivered by them'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 5, line 30 [Clause 7], at end insert—

'( ) The Commission shall publish an annual review of the availability of Part II services and the level of fees paid to providers throughout England and Wales for such services'.

Mr Secretary Milburn

Page 7, line 22 [Clause 10], leave out 'it would be' and insert 'there are exceptional circumstances which make it'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 7, line 36 [Clause 11], at end insert—

'( ) Regulations shall provide that no person is required to be registered more than once with the Commission in respect of the same establishment or agency'.

Mr Secretary Milburn

Page 8, line 36 [Clause 13], after 'vary' insert 'or remove'.

Mr Secretary Milburn

Page 9, line 21 [Clause 15], after 'variation' insert 'or removal'.

Mr Secretary Milburn

Page 9, line 38 [Clause 15], after '(stating' insert ', where applicable,'.

Mr Secretary Milburn

Page 10, line 26 [Clause 17], after 'vary' insert 'or remove'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 10, line 29 [Clause 17], at end insert—

'( ) A notice under subsection (4) above may only be given where the registration authority is satisfied that either—

(a) the requirements of regulation under section 22; or

(b) the requirements of any other enactment which appears to the registration authority to be relevant,

are not being complied with (so far as applicable) in relation to the establishment or agency.'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 10, line 35 [Clause 18], leave out 'written'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 10, line 37 [Clause 18], at end add—

'( ) Representations under subsection (1) above may be made in writing or in person and an opportunity shall be afforded to a person served with a notice under section 17 to make representations in person in the manner prescribed by regulations'.

Mr Secretary Milburn

Page 11, line 16 [Clause 19], after 'varied' insert ', the condition which is removed'.

Mr Secretary Milburn

Page 11, line 32 [Clause 20], after 'varying' insert 'or removing'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 11, line 34 [Clause 20], at end add—

'( ) it appears to the justice that—

(i) the requirements of regulations under section 22; or

(ii) the requirements of any other enactment which appears to the justice to be relevant,

are not being complied with (so far as applicable) in relation to the establishment of agency; and'.

Mr Secretary Milburn

Page 11, line 37 [Clause 20], after 'variation' insert ', removal'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 11, line 38 [Clause 20], leave out 'made' and insert 'served on the person registered'.

Mr Philip Hammond
Mrs Caroline Spelman

Page 13 [Clause 22], leave out lines 14 and 15.

Mr Philip Hammond
Mrs Caroline Spelman

Page 14, line 35 [Clause 22], at end insert—

'(m) make provision in the case of an establishment providing cosmetic surgery as to—

(i) the nature of statements that may be made with regard to the services provided; and

(ii) the titles that may be used to describe persons carrying on, managing or employed at such an establishment'.