House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

137

House of Commons

Notices of Amendments

given on

Tuesday 8th January 2008

For other Amendment(s) see the following page(s):

Health and Social Care Bill Committee 91-136

Public Bill Committee

Health and Social Care Bill

Sandra Gidley

Greg Mulholland

168

Clause  132,  page  86,  line  41,  after ‘the’, insert ‘annual’.

Sandra Gidley

Greg Mulholland

169

Clause  132,  page  86,  line  41,  leave out ‘junior’ and insert ‘primary’.

Sandra Gidley

Greg Mulholland

170

Clause  132,  page  87,  line  3,  after ‘the’, insert ‘annual’.

Sandra Gidley

Greg Mulholland

171

Clause  132,  page  87,  line  3,  leave out ‘junior’ and insert ‘primary’.

Sandra Gidley

Greg Mulholland

172

Clause  133,  page  88,  line  7,  after ‘the’, insert ‘annual’.

Sandra Gidley

Greg Mulholland

173

Clause  133,  page  88,  line  7,  leave out ‘junior’ and insert ‘primary’.

Notices of Amendments: 8th January 2008
138

Health and Social Care Bill, continued

Sandra Gidley

Greg Mulholland

174

Clause  133,  page  88,  line  11,  after ‘the’, insert ‘annual’.

Sandra Gidley

Greg Mulholland

175

Clause  133,  page  88,  line  11,  leave out ‘junior’ and insert ‘primary’.

Sandra Gidley

Greg Mulholland

176

Clause  132,  page  87,  line  32,  at end insert—

‘(1A)
Information authorised in accordance with sub-paragraph (1)(c) shall include

information relating to a child’s body mass index.’.

Sandra Gidley

Greg Mulholland

177

Clause  133,  page  88,  line  40,  at end insert—

‘(1A)
Information authorised in accordance with sub-paragraph (1)(c) shall include

information relating to a child’s body mass index.’.

Mr Ben Bradshaw

178

Clause  160,  page  105,  line  36,  at end insert—

‘( )
Before making a commencement order relating to—

(a)
paragraph 12A, 13(za), (a)(i) or (ab), 14A, 14B, 15, 15A, 15B, 16A, 16B,

17(b) or (c), 17A, 17B, 22A or 22B of Schedule 5,

(b)
section 89 so far as relating to those paragraphs, or

(c)
Part 1 of Schedule 15 so far as relating to those paragraphs (or section 154

so far as relating to that Part of that Schedule),


the Secretary of State must consult the Welsh Ministers.’.

Mr Ben Bradshaw

179

Schedule  5,  page  123,  line  16,  at end insert—

‘12A
After section 14 of the 2000 Act insert—

“14A
Suspension of registration

(1)
The Welsh Ministers may at any time suspend for a specified period

the registration of a person in respect of an establishment or agency for

which the Welsh Ministers are the registration authority.

(2)
Except where the Welsh Ministers give notice under section 20B, the

power conferred by subsection (1) is exercisable only on the ground

that the establishment or agency is being, or has at any time been,

carried on otherwise than in accordance with the relevant

requirements.

(3)
The suspension of a person’s registration does not affect the

continuation of the registration (but see sections 24A and 26 as to

offences).

Notices of Amendments: 8th January 2008
139

Health and Social Care Bill, continued

(4)
A period of suspension may be extended under subsection (1) on one

or more occasions.

(5)
Reference in this Part to the suspension of a person’s registration is to

suspension under this section, and related expressions are to be read

accordingly.

(6)
In this section “relevant requirements” has the same meaning as in

section 14.”’.

Mr Ben Bradshaw

180

Schedule  5,  page  123,  line  17,  at end insert—

‘(za)
in subsection (1), at the end of paragraph (b) insert “or—

“(c)
for the cancellation of, or the variation of the period

of, any suspension of the registration.”’.

Mr Ben Bradshaw

181

Schedule  5,  page  123,  line  18,  leave out from ‘(3)’ to end of line 19 and insert—

‘(i)
after “(a)” insert “or (c)”, and

(ii)
for the words from “a fee of—” to the end substitute “a fee of

the prescribed amount”,’.

Mr Ben Bradshaw

182

Schedule  5,  page  123,  line  19,  at end insert—

‘(ab)
after subsection (4) insert—

“(4A)
If the Welsh Ministers decide to grant an application under

subsection (1)(c), they must serve notice in writing of their

decision on the applicant (stating, where applicable, the

period as varied).”, and’.

Mr Ben Bradshaw

183

Schedule  5,  page  123,  line  26,  at end insert—

‘14A
In section 17 of the 2000 Act (notice of proposals)—

(a)
in subsection (4), after “section 20” insert “or 20A or gives notice

under section 20B”,

(b)
after paragraph (a) of that subsection insert—

“(aa)
to suspend the registration or extend a period of

suspension;”, and

(c)
in subsection (5), after “(a)” insert “or (c)”.

14B
In section 19 of the 2000 Act (notice of decisions), in subsection (4)—

(a)
omit the word “and” at the end of paragraph (b), and

(b)
after that paragraph insert—

“(ba)
in the case of a decision to adopt a proposal under

section 17(4)(aa), state the period (or extended

period) of suspension; and”.’.

Notices of Amendments: 8th January 2008
140

Health and Social Care Bill, continued

Mr Ben Bradshaw

184

Schedule  5,  page  123,  line  27,  leave out paragraph 15 and insert—

‘15(1)
Section 20 of the 2000 Act (urgent procedure for cancellation etc) is amended

as follows.

      (2)
In subsection (1)—

(a)
after “If” insert “in respect of an establishment or agency for which the

CIECSS is the registration authority”,

(b)
in paragraph (a), for “the registration authority” substitute “the

CIECSS”, and

(c)
in sub-paragraph (i) of that paragraph, for “an” substitute “the”.

      (3)
In subsection (3), for “the registration authority” substitute “the CIECSS”.

      (4)
In subsection (5), for “the registration authority” substitute “the CIECSS”.

      (5)
For subsection (6) substitute—

“(6)
For the purposes of this section the appropriate authorities are—

(a)
the local authority in whose area the establishment or agency

is situated; and

(b)
any other statutory authority whom the CIECSS thinks it

appropriate to notify.”

      (6)
Accordingly, for the heading of section 20 substitute “Urgent procedure for

cancellation, variation etc: England”.’.

Mr Ben Bradshaw

185

Schedule  5,  page  123,  line  31,  at end insert—

‘15A
After section 20 of the 2000 Act insert—

“20A
Urgent procedure for cancellation: Wales

(1)
If in respect of an establishment or agency for which the Welsh

Ministers are the registration authority—

(a)
the Welsh Ministers apply to a justice of the peace for an order

cancelling the registration of a person in respect of the

establishment or agency, and

(b)
it appears to the justice that, unless the order is made, there

will be a serious risk to a person’s life, health or well-being,


the justice may make the order, and the cancellation has effect from

the time when the order is made.

(2)
An application under subsection (1) may, if the justice thinks fit, be

made without notice.

(3)
As soon as practicable after the making of an application under this

section, the Welsh Ministers must notify the appropriate authorities of

the making of the application.

(4)
An order under subsection (1) is to be in writing.

(5)
Where such an order is made, the Welsh Ministers must, as soon as

practicable after the making of the order, serve on the person

registered in respect of the establishment or agency—

(a)
a copy of the order, and

(b)
notice of the right of appeal conferred by section 21.

Notices of Amendments: 8th January 2008
141

Health and Social Care Bill, continued

(6)
For the purposes of this section the appropriate authorities are—

(a)
the local authority in whose area the establishment or agency

is situated,

(b)
the Local Health Board in whose area the establishment or

agency is situated, and

(c)
any statutory authority not falling within paragraph (a) or (b)

whom the Welsh Ministers think it appropriate to notify.

(7)
In this section “statutory authority” has the same meaning as in section

20.

20B
Urgent procedure for suspension or variation etc: Wales

(1)
Subsection (2) applies where—

(a)
a person is registered under this Part in respect of an

establishment or agency for which the Welsh Ministers are the

registration authority, and

(b)
the Welsh Ministers have reasonable cause to believe that

unless they act under this section any person will or may be

exposed to the risk of harm.

(2)
Where this subsection applies, the Welsh Ministers may, by giving

notice in writing under this section to the person registered in respect

of the establishment or agency, provide for any decision of the Welsh

Ministers that is mentioned in subsection (3) to take effect from the

time when the notice is given.

(3)
Those decisions are—

(a)
a decision under section 13(5) to vary or remove a condition

for the time being in force in relation to the registration or to

impose an additional condition;

(b)
a decision under section 14A to suspend the registration or

extend the period of suspension.

(4)
The notice must—

(a)
state that it is given under this section,

(b)
state the Welsh Ministers’ reasons for believing that the

circumstances fall within subsection (1)(b),

(c)
specify the condition as varied, removed or imposed or the

period (or extended period) of suspension, and

(d)
explain the right of appeal conferred by section 21.”’.

Mr Ben Bradshaw

186

Schedule  5,  page  123,  line  31,  at end insert—

‘15B (1)
Section 21 of the 2000 Act (appeals to the Tribunal) is amended as follows.

      (2)
In subsection (1)(b), after “20” insert “or 20A”.

      (3)
In subsection (3), after “authority” insert “, other than a decision to which a

notice under section 20B relates,”.

      (4)
After subsection (4) insert—

“(4ZA)
On an appeal against a decision to which a notice under section 20B

relates, the Tribunal may confirm the decision or direct that it shall

cease to have effect.”

      (5)
In subsection (5)—

Notices of Amendments: 8th January 2008
142

Health and Social Care Bill, continued

(a)
omit the word “or” at the end of paragraph (b), and

(b)
after paragraph (c) insert “; or

(d)
to vary the period of any suspension.”

      (6)
After subsection (5) insert—

“(6)
Subsection (1) does not apply to a decision of the Welsh Ministers

under section 30ZA (penalty notices).”’.

Mr Ben Bradshaw

187

Schedule  5,  page  123,  line  34,  at end insert—

‘16A
After section 24 of the 2000 Act insert—

“24A
Offences relating to suspension

(1)
If a person who is registered under this Part in respect of an

establishment or agency carries on or (as the case may be) manages the

establishment or agency while the person’s registration is suspended,

the person is guilty of an offence.

(2)
A person guilty of an offence under subsection (1) is liable on

summary conviction to a fine not exceeding level 5 on the standard

scale.”

16B
In section 26 of the 2000 Act (false descriptions of establishments and

agencies), after subsection (1) insert—

“(1A)
If a person’s registration under this Part has been suspended, the

registration is to be treated for the purposes of subsection (1) as if it

had not been effected.”’.

Mr Ben Bradshaw

188

Schedule  5,  page  123,  line  35,  leave out paragraph 17 and insert—

‘17
In section 29 of the 2000 Act (proceedings for offences)—

(a)
for subsection (1) substitute—

“(1)
Proceedings in respect of an offence under this Part or

regulations made under it shall not, without the written

consent of the Attorney General, be taken by any person other

than the CIECSS or the Welsh Ministers.”,

(b)
in subsection (2), for “a period of six months” substitute “the

permitted period”, and

(c)
after subsection (2) insert—

“(3)
“The permitted period” means—

(a)
in the case of proceedings brought by the Welsh

Ministers, a period of 12 months;

(b)
in any other case, a period of 6 months.”’.

Mr Ben Bradshaw

189

Schedule  5,  page  123,  line  37,  at end insert—

‘17A
After section 30 of the 2000 Act insert—