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Public Bill Committee: 17th January 2008                

303

 

Health and Social Care Bill, continued

 
 

    ‘(2)  

For subsection (3A) substitute—

 

“(3A)    

But the functions which may be so specified do not include functions

 

of making, confirming or approving subordinate legislation (as

 

defined by section 158(1) of the Government of Wales Act 2006).”’.

 

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).

 

(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—


 
 

Public Bill Committee: 17th January 2008                

304

 

Health and Social Care Bill, continued

 
 

“(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”.’.

 

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—


 
 

Public Bill Committee: 17th January 2008                

305

 

Health and Social Care Bill, continued

 
 

“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.

 

(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;


 
 

Public Bill Committee: 17th January 2008                

306

 

Health and Social Care Bill, continued

 
 

(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)—

 

(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.”’.


 
 

Public Bill Committee: 17th January 2008                

307

 

Health and Social Care Bill, continued

 
 

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—

 

“Penalty notices

 

30ZA  

Penalty notices

 

(1)    

Where the Welsh Ministers are satisfied that a person has committed

 

a fixed penalty offence, they may give the person a penalty notice in

 

respect of the offence.

 

(2)    

A fixed penalty offence is any relevant offence which—

 

(a)    

relates to an establishment or agency for which the Welsh

 

Ministers are the registration authority, and

 

(b)    

is prescribed for the purposes of this section.

 

(3)    

A relevant offence is—

 

(a)    

an offence under this Part or under regulations made under

 

this Part, or

 

(b)    

an offence under regulations made under section 9 of the

 

Adoption and Children Act 2002.

 

(4)    

A penalty notice is a notice offering the person the opportunity of

 

discharging any liability to conviction for the offence to which the

 

notice relates by payment of a penalty in accordance with the notice.

 

(5)    

Where a person is given a penalty notice, proceedings for the offence

 

to which the notice relates may not be instituted before the end of such

 

period as may be prescribed.

 

(6)    

Where a person is given a penalty notice, the person cannot be

 

convicted of the offence to which the notice relates if the person pays

 

the penalty in accordance with the notice.

 

(7)    

Penalties under this section are payable to the Welsh Ministers.


 
 

Public Bill Committee: 17th January 2008                

308

 

Health and Social Care Bill, continued

 
 

(8)    

In this section “prescribed” means prescribed by regulations made by

 

the Welsh Ministers.

 

30ZB  

Penalty notices: supplementary provision

 

(1)    

The Welsh Ministers may by regulations make—

 

(a)    

provision as to the form and content of penalty notices,

 

(b)    

provision as to the monetary amount of the penalty and time

 

by which it is to be paid,

 

(c)    

provision determining the methods by which penalties may be

 

paid,

 

(d)    

provision as to the records to be kept in relation to penalty

 

notices,

 

(e)    

provision for or in connection with the withdrawal, in

 

prescribed circumstances, of a penalty notice, including—

 

(i)    

repayment of any amount paid by way of penalty

 

under a penalty notice which is withdrawn, and

 

(ii)    

prohibition of the institution or continuation of

 

proceedings for the offence to which the withdrawn

 

notice relates,

 

(f)    

provision for a certificate—

 

(i)    

purporting to be signed by or on behalf of a prescribed

 

person, and

 

(ii)    

stating that payment of any amount paid by way of

 

penalty was or, as the case may be, was not received

 

on or before a date specified in the certificate,

 

    

to be received in evidence of the matters so stated,

 

(g)    

provision as to action to be taken if a penalty is not paid in

 

accordance with a penalty notice, and

 

(h)    

such other provision in relation to penalties or penalty notices

 

as the Welsh Ministers think necessary or expedient.

 

(2)    

Regulations under subsection (1)(b)—

 

(a)    

may make provision for penalties of different amounts to be

 

payable in different cases, including provision for the penalty

 

payable under a penalty notice to differ according to the time

 

by which it is paid, but

 

(b)    

must secure that the amount of any penalty payable in respect

 

of any offence does not exceed one half of the maximum

 

amount of the fine to which a person committing the offence

 

would be liable on summary conviction.

 

(3)    

In this section—

 

“penalty” means a penalty under a penalty notice;

 

“penalty notice” has the meaning given by section 30ZA(4).”’.

 

Mr Ben Bradshaw

 

190

 

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

 

‘17B (1)  

In section 30A of the 2000 Act (notification of matters relating to persons

 

carrying on or managing certain establishments or agencies), inserted by

 

section 25 of the Children and Young Persons Act 2008, subsection (2) is

 

amended as follows.

 

      (2)  

After paragraph (a) insert—


 
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