Amendments proposed to the Care Standards Bill [Lords], As Amended - continued | House of Commons |
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Mr Secretary Milburn 76 Page 67, line 22 [Clause 98], leave out 'this section' and insert 'section 1 above'.
Mr Secretary Milburn 77 Page 70, line 22 [Clause 103], at beginning insert'( ) The Police Act 1997 shall be amended as follows.'
Mr Secretary Milburn 78 Page 70, line 22 [Clause 103], leave out '113(3A) of the Police Act 1997' and insert '113 (criminal record certificates)
Mr Secretary Milburn 79 Page 70, line 23 [Clause 103], at end insert 'and( ) After subsection (3D) (inserted by section 89) there shall be inserted
Mr Paul Burstow 10 Page 78, line 27 [Clause 117], at end insert'( ) The provision which, by virtue of subsection (6), may be made by regulations under the Part of this Act which relates to the Older Persons' Commissioner includes provision amending or repealing any enactment or instrument.'.
Mr Secretary Milburn 80 Page 79, line 26 [Clause 120], leave out 'mental disorder and'.
Mr Secretary Milburn 81 Page 80, line 18 [Clause 120], leave out from 'if' to end of line 20 and insert
Mr Paul Burstow 11 Page 81, line 31 [Clause 120], at end insert
NEW SCHEDULES
Mr Paul Burstow NS1 To move the following Schedule:
'The Children's Commissioner for EnglandStatus 1.(1) The Commissioner is to be a corporation sole.(2) The Commissioner is not to be regarded as the servant or agent or the Crown or as enjoying any status, immunity or privilege of the Crown; and the Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.
Appointment and tenure of office 2. Regulations may make provisions
Remuneration 3. The Secretary of State shall
as may be provided for under the terms of his appointment.
Staff 4.(1) The Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions, one of whom shall be appointed as deputy Commissioner.(2) During any vacancy in the office of Commissioner or at any time when the Commissioner is for any reason unable to act, the deputy Commissioner shall exercise his functions (and any property or rights vested in the Commissioner may accordingly be dealt with by the deputy as if vested in him). (3) Without prejudice to sub-paragraph (2), any member of the Commissioner's staff may, so far as authorised by him, exercise any of his functions.
General powers 5.(1) Subject to any directions given by the Secretary of State, the Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions.(2) That includes, in particular
Accounts 6.(1) The Commissioner shall keep proper accounting records.(2) The Commissioner shall prepare accounts for each financial year in such form as the Secretary of State may with the consent of the Treasury determine.
Reports 7. Regulations may provide for the Commissioner to make periodic or other reports to the Secretary of State relating to the exercise of his functions and may require the reports to be published in the manner required by the regulations.
Accounting officer 8.(1) The accounting officer for the Commissioner's Office shall be the Commissioner.(2) But where
the Treasury may designate a member of the Commissioner's staff to be the accounting officer for so long as paragraph (a) or (b) applies. (3) The accounting officer for the Commissioner shall have, in relation to the accounts of the Commissioner and the finances of the Commissioner's Office, the responsibilities which are from time to time specified by the Treasury. (4) In this paragraph references to responsibilities include in particular
(5) The responsibilities which may be specified under this paragraph include responsibilities owed to the House of Commons or its Committee of Public Accounts. (6) In this paragraph and paragraph 9 "the Commissioner's Office" means the Commissioner and the members of his staff.
Examinations by the Comptroller and Auditor General 9.(1) For the purpose of enabling him to carry out examinations into, and report to Parliament on, the finances of the Commissioner's Office, the Comptroller and Auditor General
Payments 10. The Secretary of State may make payments to the Commissioner of such amounts, at such times and on such conditions (if any) as it considers appropriate.
General 11. In the House of Commons Disqualification Act 1975, in Part III of Schedule 1 (certain disqualifying offices), the following entries are inserted at the appropriate places
12. In the Northern Ireland Assembly Disqualification Act 1975, the same entries as are set out in paragraph 14 are inserted at the appropriate places in Part III of Schedule 1. 13. Regulations may provide that the office of Children's Commissioner for England shall be added to the list of "Offices" in Schedule 1 to the Superannuation Act 1972 (offices etc. to which section 1 of that Act applies).'.
Mr Paul Burstow NS2 To move the following Schedule:
'The Older Persons' CommissionerStatus 1.(1) The Older Persons' Commissioner is to be a corporation sole.(2) The Older Persons' Commissioner is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Older Persons' Commissioner's property is not to be regarded as property of, or property held on behalf of, the Crown.
Appointment and tenure of office 2. Regulations may make provision
Remuneration 3. The Secretary of State shall
as may be provided for under the terms of his appointment.
Staff 4.(1) The Commissioner may appoint any staff he considers necessary for assisting him in the exercise of his functions, one of whom shall be appointed as deputy Commissioner.(2) During any vacancy in the office of Commissioner or at any time when the Commissioner is for any reason unable to act, the deputy Commissioner shall exercise his functions (and any property or rights vested in the Commissioner may accordingly be dealt with by the deputy as if vested in him). (3) Without prejudice to sub-paragraph (2), any member of the Commissioner's staff may, so far as authorised by him, exercise any of his functions.
General powers 5.(1) Subject to any directions given by the Secretary of State, the Commissioner may do anything which appears to him to be necessary or expedient for the purpose of, or in connection with, the exercise of his functions.(2) That includes, in particular
Reports 8. Regulations may provide for the Commissioner to make periodic or other reports to the Secretary of State and the Assembly relating to the exercise of his functions and may require the reports to be published in the manner required by the regulations.
Accounts 9.(1) The Older Persons' Commissioner must keep accounts in such form as the Secretary of State may determine.(2) The Older Persons' Commissioner must prepare annual accounts in respect of each financial year in such form as the Secretary of State may determine. (3) The Older Persons' Commissioner must send copies of the annual accounts to the Secretary of State and the Comptroller and Auditor General within such period after the end of the financial year to which the accounts relate as the Secretary of State may determine. (4) The Comptroller and Auditor General must examine, certify and report on the annual accounts and must lay copies of the accounts and of his report before Parliament. (5) In this paragraph "financial year", in relation to the Older Persons' Commissioner, means
Payments 13. The Secretary of State may make payments to the Older Persons' Commissioner of such amounts, at such times and on such conditions (if any) as it considers appropriate.
General 14. In the House of Commons Disqualification Act 1975, in Part III of Schedule 1 (certain disqualifying offices), the following entries are inserted at the appropriate places
"Member of the staff of the Older Persons' Commissioner."
16.(1) Regulations may provide that the office of Older Persons' Commissioner shall be added to the list of "Offices" in Schedule 1 to the Superannuation Act 1972 (offices etc. to which section 1 of that Act applies). (2) The Secretary of State shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to provision made under sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.'.
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©Parliamentary copyright 2000 | Prepared 12 Jul 2000 |