Schedule 5

Part of Health and Social Care Bill – in a Public Bill Committee at 3:45 pm on 17th January 2008.

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Amendments made: No. 179, in schedule 5, page 123, line 16, at end 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.”’.

No. 180, in 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.”’.

No. 181, in 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”,’.

No. 182, in 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’.

No. 183, in 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”.’.

No. 184, in 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”.’.

No. 185, in 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.

(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.”’.

No. 186, in 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).”’.

No. 187, in 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.”’.

No. 188, in 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.”’.

No. 189, in 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,

(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).”’.

No. 190, in 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,”.’.

No. 191, in schedule 5, page 125, line 6, at end insert—

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

“118A Regulations: Wales

(1) This section has effect where a power to make regulations under this Act is conferred on the Welsh Ministers other than by or by virtue of the Government of Wales Act 2006.

(2) Subsections (1) and (5) to (7) of section 118 apply to the exercise of that power as they apply to the exercise of a power conferred on the Welsh Ministers by or by virtue of that Act.

(3) A statutory instrument containing regulations made in the exercise of that power is subject to annulment in pursuance of a resolution of the Assembly.”’.

No. 192, in schedule 5, page 125, line 6, at end insert—

‘22B In section 120 of the 2000 Act (Wales) omit subsection (1).’.—[Mr. Bradshaw.]