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)—

      ( ) in subsection (3A)'.

   

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—

            "(3E) The references in subsections (3A) and (3C) to suitability to be employed, supplied to work, found work or given work in a position falling within subsection (3B) or (3D) include references to suitability to be registered—

            (a) under Part II of the Care Standards Act 2000 (establishments and agencies);

            (b) under Part IV of that Act (social care workers); or

            (c) for child minding or providing day care under Part XA of the Children Act 1989, or under section 71 of that Act or Article 118 of the Children (Northern Ireland) Order 1995 (child minding and day care)."

    ( ) In section 115 (enhanced criminal record certificates)—

      (a) in subsection (5)—

          (i) after paragraph (e) there shall be inserted—

            "(ea) registration under Part II of the Care Standards Act 2000 (establishments and agencies);

            (eb) registration under Part IV of that Act (social care workers);" and

          (ii) after paragraph (g) there shall be inserted—

            "(h) a decision made by an adoption agency within the meaning of section 11 of the Adoption Act 1976 as to a person's suitability to adopt a child." and

      (b) in subsection (6A), after "113," there shall be inserted "or his suitability to adopt a child,".'.


   

Mr Paul Burstow
Dr Peter Brand

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—

          '( ) his sight, hearing or speech is substantially impaired;

          ( ) he has a mental disorder; or

          ( ) he is physically substantially disabled by any illness, any impairment present since birth, or otherwise;'.


   

Mr Paul Burstow
Dr Peter Brand

11

Page     81,     line     31     [Clause     120],     at end insert—

'Older Persons'
Commissioner
Section (Older Persons' Commissioner)'.


NEW SCHEDULES

   

Mr Paul Burstow
Dr Peter Brand

NS1

To move the following Schedule:—

'The Children's Commissioner for England

Status

    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—

      (a) as to the appointment of the Commissioner (including any conditions to be fulfilled for appointment);

      (b) as to the filling of vacancies in the office of Commissioner;

      (c) as to the tenure of office of the Commissioner (including the circumstances in which he ceases to hold office or may be removed or suspended from office).

Remuneration

    3. The Secretary of State shall—

      (a) pay the Commissioner such remuneration and allowances; and

      (b) pay, or make provision for the payment of, such pension or gratuities to or in respect of him,

    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—

      (a) co-operating with other public authorities in the United Kingdom;

      (b) acquiring and disposing of land and other property; and

      (c) entering into contracts.

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—

      (a) the Commissioner is incapable of discharging his responsibilities as accounting officer; or

      (b) the office of Commissioner is vacant (and there is no acting Commissioner),

    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—

      (a) responsibilities in relation to the signing of accounts;

      (b) responsibilities for the propriety and regularity of the finances of the Commissioner's Office; and

      (c) responsibilities for the economy, efficiency and effectiveness with which the resources of the Commissioner's Office are used.

    (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—

      (a) shall have a right of access at all reasonable times to all such documents in the custody or under the control of the Commissioner, as he may reasonably require for that purpose; and

      (b) shall be entitled to require from any person holding or accountable for any of those documents any assistance, information or explanation which he reasonably thinks necessary for that purpose.

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—

      "Children's Commissioner for England."

      "Member of the staff of the Children's Commissioner for England."

    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
Dr Peter Brand

NS2

To move the following Schedule:—

'The Older Persons' Commissioner

Status

    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—

      (a) as to the appointment of the Older Persons' Commissioner (including any conditions to be fulfilled for appointment);

      (b) as to the filling of vacancies in the office of Commissioner;

      (c) as to the tenure of office of the Older Persons' Commissioner (including the circumstances in which he ceases to hold office or may be removed or suspended from office).

Remuneration

    3. The Secretary of State shall—

      (a) pay the Commissioner such remuneration and allowances; and

      (b) pay, or make provision for the payment of, such pension or gratuities to or in respect of him,

    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—

      (a) co-operating with other public authorities in the United Kingdom;

      (b) acquiring and disposing of land and other property; and

      (c) entering into contracts.

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—

      (a) the period beginning with the date on which the Older Persons' Commissioner is established and ending with the next 31st March following that date; and

      (b) each successive period of twelve months ending with 31st March.

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—

          "Older Persons' Commissioner."

          "Member of the staff of the Older Persons' Commissioner."

    15. 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.

    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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