17

House of Commons

Wednesday 29 April 2009

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Autism Bill

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Mrs Cheryl Gillan

That, if proceedings on the Autism Bill are not completed at this day’s sitting, the

Committee do meet on Wednesdays at 2.30 pm when the House is sitting.

Phil Hope

1

Clause  1,  page  1,  leave out lines 7 and 8.

Member’s explanatory statement

The effect of this amendment would be to remove the obligation which clause 1 would impose on

a local authority to share with its relevant partners the contents of its register of disabled children.

Phil Hope

2

Clause  1,  page  1,  leave out lines 11 to 13.

Member’s explanatory statement

See Member’s explanatory statement for amendment 1. This amendment is consequential upon that

amendment.

Phil Hope

3

Page  1,  line  1,  leave out Clause 1.

Member’s explanatory statement

This amendment would omit clause 1, removing the obligations which would be imposed on a local

authority to record on its register of disabled children how many disabled children in its area are

children with autism and to share the register with its relevant partners.

Public Bill Committee: 29 April 2009

18

Autism Bill, continued

Phil Hope

4

Clause  2,  page  1,  line  19,  leave out ‘specific’.

Member’s explanatory statement

The effect of this amendment would be that a children’s services authority would have to assess

“the needs of children with autism in its area” rather than “the specific needs” of such children

(if that is different).

Phil Hope

5

Clause  2,  page  1,  line  19,  at end insert ‘and’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 7. This amendment is consequential upon that

amendment.

Phil Hope

6

Clause  2,  page  1,  line  20,  leave out ‘and’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 7. This amendment is consequential upon that

amendment.

Phil Hope

7

Clause  2,  page  2,  leave out lines 1 to 3.

Member’s explanatory statement

This amendment would remove the assessment of training requirements of staff for the purposes of

delivering services to children with autism from the new matters to be included in children’s

services authorities’ children and young people’s plans.

Phil Hope

8

Clause  2,  page  2,  leave out lines 4 to 7.

Member’s explanatory statement

This amendment would remove the duty imposed by clause 2 on children’s services authorities to

have regard to the views of children and young people with autism, their parents and carers when

making assessments for their children and young people’s plans in accordance with this clause.

Phil Hope

9

Clause  2,  page  2,  line  8,  leave out ‘paragraphs (c) and (d)’ and insert

‘paragraph (c)’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 8. This amendment is consequential upon that

amendment.

Public Bill Committee: 29 April 2009

19

Autism Bill, continued

Phil Hope

10

Page  1,  line  14,  leave out Clause 2.

Member’s explanatory statement

This amendment would omit clause 2, removing the obligations it would impose on children’s

services authorities in relation to the inclusion in their children and young people’s plans of

assessments about children with autism.

Phil Hope

11

Clause  3,  page  2,  line  13,  leave out from ‘reviewed’ to ‘by’ in line 15 and insert

‘from time to time’.

Member’s explanatory statement

The effect of this amendment would be that a local authority would have an obligation to review

its register of disabled children from time to time, rather than having to review it at least once in

every three-month period.

Phil Hope

12

Clause  3,  page  2,  line  16,  leave out from ‘services’ to end of line 18.

Member’s explanatory statement

This amendment would remove the stated purpose of the review of the register, so that local

authorities would have to ensure that a review takes place, but not with a particular purpose.

Phil Hope

13

Page  2,  line  10,  leave out Clause 3.

Member’s explanatory statement

This amendment would omit clause 3, so removing the obligation that would be imposed on a local

authority to review its register of disabled children for the stated purpose.

Mrs Cheryl Gillan

Angela Browning

37

Clause  4,  page  2,  line  25,  leave out ‘Primary Care Trusts’ and insert ‘PCT’.

Phil Hope

14

Clause  4,  page  2,  line  25,  leave out ‘particular’.

Member’s explanatory statement

The effect of this amendment would be that local authorities and partner PCTs would have to have

regard to the requirements of persons with autism, rather than “particular” regard to those

requirements (if that is different), when preparing their joint strategic needs assessments.

Public Bill Committee: 29 April 2009

20

Autism Bill, continued

Phil Hope

15

Page  2,  line  19,  leave out Clause 4.

Member’s explanatory statement

This amendment would omit clause 4, so removing the obligation that would be imposed on local

authorities and partner PCTs to have particular regard to the requirements of persons with autism

when preparing their joint strategic needs assessments.

Phil Hope

16

Clause  5,  page  2,  line  28,  leave out from beginning to ‘to’ and insert ‘The Secretary

of State may make regulations’.

Member’s explanatory statement

The effect of this amendment would be that the Secretary of State would have a power to make

regulations to promote the provision of services and support by local authorities and NHS bodies

to adults with autism, instead of a duty to promote such provision.

Phil Hope

17

Clause  5,  page  2,  line  30,  leave out subsection (2).

Member’s explanatory statement

See Member’s explanatory statement for amendment 16. This amendment is consequential upon

that amendment.

Phil Hope

18

Clause  5,  page  2,  line  32,  leave out ‘(2) must’ and insert ‘(1) may’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 16. This amendment is consequential upon

that amendment.

Phil Hope

19

Clause  5,  page  2,  line  35,  leave out from ‘promote’ to end and insert ‘the provision

of services and support to adults with autism;’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 16. This amendment is consequential upon

that amendment.

Phil Hope

20

Clause  5,  page  3,  line  7,  leave out paragraph (d).

Member’s explanatory statement

The effect of this amendment would be to remove the requirement on the Secretary of State to

consult “user-led organisations” (as defined in clause 7) representing persons with autism before

making regulations under clause 5.

Public Bill Committee: 29 April 2009

21

Autism Bill, continued

Phil Hope

21

Clause  5,  page  3,  line  10,  leave out subsection (5).

Member’s explanatory statement

The effect of this amendment would be to remove the requirement on local authorities and NHS

bodies to promote “independent living” (as defined in clause 7) for persons with autism when

complying with regulations made under clause 5.

Phil Hope

22

Page  2,  line  27,  leave out Clause 5.

Member’s explanatory statement

This amendment would omit clause 5, so removing the duties that would be imposed on the

Secretary of State to promote the provision of services and support to adults with autism and to

make regulations in that connection.

Phil Hope

23

Page  3,  line  17,  leave out Clause 6.

Member’s explanatory statement

This amendment would omit clause 6, so removing the duties that would be imposed on the Welsh

Ministers which are broadly equivalent to those imposed on the Secretary of State by clause 5. The

amendment would mean that the Bill would have no application in relation to Wales.

Mrs Cheryl Gillan

Angela Browning

38

Clause  7,  page  3,  line  39,  leave out ‘over 18 years’ and insert ‘aged 18 years or

over’.

Phil Hope

24

Clause  7,  page  3,  line  40,  leave out from ‘“autism”’ to end of line 41 and insert

‘means an autistic spectrum condition;’.

Member’s explanatory statement

This amendment would replace the partial definition of “autism” as including “all autistic

spectrum disorders, including Asperger’s syndrome” with the definition in the amendment.

Phil Hope

25

Clause  7,  page  4,  leave out lines 1 to 3.

Member’s explanatory statement

See Member’s explanatory statement for amendment 21. This amendment is consequential upon

that amendment.

Public Bill Committee: 29 April 2009

22

Autism Bill, continued

Phil Hope

26

Clause  7,  page  4,  line  4,  leave out ‘, in relation to England,’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 23. This amendment is consequential upon

that amendment.

Phil Hope

27

Clause  7,  page  4,  line  7,  leave out from ‘Scilly’ to end of line 8.

Member’s explanatory statement

See Member’s explanatory statement for amendment 23. This amendment is consequential upon

that amendment.

Phil Hope

28

Clause  7,  page  4,  line  9,  leave out ‘includes’ and insert ‘means’.

Member’s explanatory statement

This amendment would replace the partial definition of “NHS bodies” as “including” the bodies

listed with a definition which is limited only to those bodies.

Mrs Cheryl Gillan

Angela Browning

39

Clause  7,  page  4,  leave out lines 16 to 19.

Phil Hope

29

Clause  7,  page  4,  leave out lines 19 to 22.

Member’s explanatory statement

See Member’s explanatory statement for amendment 20. This amendment is consequential upon

that amendment.

Phil Hope

30

Clause  7,  page  4,  leave out lines 23 to 25.

Member’s explanatory statement

See Member’s explanatory statement for amendment 23. This amendment is consequential upon

that amendment.

Phil Hope

31

Page  3,  line  37,  leave out Clause 7.

Member’s explanatory statement

This amendment would omit clause 7, so removing the interpretative provisions of the Bill. This

amendment is consequential upon amendments 3, 10, 13, 15, 22 and 23 (taken together).

Public Bill Committee: 29 April 2009

23

Autism Bill, continued

Phil Hope

32

Page  4,  line  26,  leave out Clause 8.

Member’s explanatory statement

This amendment would omit clause 8, so removing the “sink” clause for expenditure arising as a

result of the Bill. This amendment is consequential upon amendments 3, 10, 13, 15, 22 and 23

(taken together).

Phil Hope

33

Clause  9,  page  4,  line  37,  leave out paragraphs (a) and (b) and insert ‘by the

Secretary of State.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 23. This amendment is consequential upon

that amendment.

Phil Hope

34

Clause  9,  page  4,  line  44,  leave out from beginning to the third ‘to’ and insert ‘This

Act applies in relation’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 23. This amendment is consequential upon

that amendment.

Phil Hope

35

Clause  9,  page  5,  line  1,  leave out subsection (7).

Member’s explanatory statement

See Member’s explanatory statement for amendment 23. This amendment is consequential upon

that amendment.

Phil Hope

36

Page  4,  line  32,  leave out Clause 9.

Member’s explanatory statement

This amendment would omit clause 9, removing the provisions about the short title,

commencement and extent of the Bill. This amendment is consequential upon amendments 3, 10,

13, 15, 22 and 23 (taken together).

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Revised 29 April 2009