House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

Public Bill Committee: 10th January 2008
170

Health and Social Care Bill, continued

(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—

“(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—

Public Bill Committee: 10th January 2008
171

Health and Social Care Bill, continued

“(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—

“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.

Public Bill Committee: 10th January 2008
172

Health and Social Care Bill, continued

(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;

(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,”.

Public Bill Committee: 10th January 2008
173

Health and Social Care Bill, continued

      (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.”’.

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.”’.

Public Bill Committee: 10th January 2008
174

Health and Social Care Bill, continued

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.

(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,

Public Bill Committee: 10th January 2008
175

Health and Social Care Bill, continued

(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—

“(aa)
has decided to adopt a proposal under section 17(4)(aa) to

suspend the registration of P in respect of the establishment or

agency or to extend any such suspension,

(ab)
has given a notice under section 20B to suspend the

registration of P in respect of the establishment or agency or

to extend any such suspension,”.

      (3)
Omit the word “or” at the end of paragraph (b).

      (4)
At the end of paragraph (c) insert “or—

(d)
has given P a penalty notice under section 30ZA in respect of

an offence which it alleges P committed in relation to the

establishment or agency and P has paid the penalty in

accordance with the notice,”.’.

Mr Ben Bradshaw

191


Schedule  5,  page  125,  line  6,  at end insert—

‘22A
After section 118 of the 2000 Act insert—