House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

47

House of Commons

Thursday 9 January 2014

Public Bill Committee

New Amendments handed in are marked thus

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

Care Bill [Lords]

Note

The Amendments have been arranged in accordance with the Resolution of the

Programming Sub-Committee.

Resolution of the Programming Sub-Committee

The Programming Sub-Committee appointed by the Speaker in respect of the Bill

agreed the following Resolution at its meeting on Tuesday 7 January (Standing Order No.

83C):

That—

(1)
the Committe shall (in addition to its first meeting at 11.30 am on Thursday

9 January) meet—

(a)
at 2.00 pm on Thursday 9 January;

(b)
at 8.55 am and 2.00 pm on Tuesday 14 January;

(c)
at 11.30 am and 2.00 pm on Thursday 16 January;

(d)
at 8.55 am and 2.00 pm on Tuesday 21 January;

(e)
at 11.30 am and 2.00 pm on Thursday 23 January;

(f)
at 8.55 am and 2.00 pm on Tuesday 28 January;

(g)
at 11.30 am and 2.00 pm on Thursday 30 January;

(h)
at 8.55 am on Tuesday 4 February;

(2)
the proceedings shall be taken in the following order: Clauses 1 to 39;

Schedule 1; Clauses 40 to 43; Schedule 2; Clauses 44 to 73; Schedule 3;

Clause 74; Schedule 4; Clauses 75 to 94; Schedule 5; Clauses 95 to 102;

Schedule 6; Clauses 103 to 107; Schedule 7; Clauses 108 to 111; Schedule 8;

Clauses 112 to 125; new Clauses; new Schedules; remaining proceedings on

the the Bill.

Public Bill Committee: 9 January 2014
48

Care Bill-[Lords], continued

(3)
the proceedings shall (so far as not previously concluded) be brought to a

conclusion at 11.25 am on Tuesday 4 February.

Norman Lamb

That, subject to the discretion of the Chair, any written evidence received by the

Committee shall be reported to the House for publication.

Paul Burstow

26

Clause  1,  page  1,  line  5,  after ‘authority’, insert ‘and any health service body when

exercising any function jointly with one or more local authorities’.

Liz Kendall

Mr Jamie Reed

57

Clause  1,  page  1,  line  6,  at end insert ‘and independent living’.

Liz Kendall

Mr Jamie Reed

58

Clause  1,  page  1,  line  6,  at end insert—

‘(a)
any duties relating to independent living should promote the wider

definition of independent living as expressed in article 19 of the UN

Convention on the Rights of Persons with Disabilities.’.

Liz Kendall

Mr Jamie Reed

59

Clause  1,  page  1,  line  7,  after first ‘Well-being’, insert ‘and independent living’.

Liz Kendall

Mr Jamie Reed

60

Clause  1,  page  1,  line  12,  after ‘control’, insert ‘and choice’.

Liz Kendall

Mr Jamie Reed

61

Clause  1,  page  1,  line  15,  before ‘participation’, insert ‘full and equal access to

and’.

Liz Kendall

Mr Jamie Reed

62

Clause  1,  page  1,  line  15,  at end insert ‘cultural, public and community life’.

Public Bill Committee: 9 January 2014
49

Care Bill-[Lords], continued

Liz Kendall

Mr Jamie Reed

63

Clause  1,  page  1,  line  18,  after ‘suitability’, insert ‘and choice’.

Liz Kendall

Mr Jamie Reed

64

Clause  1,  page  2,  line  1,  at end insert ‘and their participation and inclusion as equal

and valued citizens’.

Paul Burstow

Sarah Newton

27

Clause  1,  page  2,  line  3,  after ‘authority’, insert ‘and any health service body when

exercising any function jointly with one or more local authorities’.

Liz Kendall

Mr Jamie Reed

65

Clause  1,  page  2,  line  21,  leave out ‘the individual’ and insert ‘an adult or a

disabled child’.

Paul Burstow

Sarah Newton

28

Clause  1,  page  2,  line  33,  at end add—

‘(5)
“Health service body” has the same meaning as in section 9(4) of the National

Health Service Act 2006.’.

Liz Kendall

Mr Jamie Reed

66

Clause  2,  page  2,  line  37,  at end insert ‘whether or not that adult meets the local

authority eligibility criteria set out in Clause 13.’.

Paul Burstow

Grahame M. Morris

Sarah Newton

Dr Sarah Wollaston

29

Clause  2,  page  3,  line  2,  at end insert—

‘(3A)
NHS bodies shall co-operate with local authorities to support their activities

under subsections (1) and (2), in particular to—

(a)
promote and safeguard the health and well-being of carers;

(b)
establish effective procedures to identify patients who are or are about to

become carers; and

(c)
ensure that carers receive appropriate information and advice.

(3B)
Reference to an NHS body in a local authority’s area is a reference to—

Public Bill Committee: 9 January 2014
50

Care Bill-[Lords], continued

(a)
the National Health Service Commissioning Board, so far as its functions

are exercisable in relation to the authority’s area;

(b)
a clinical commissioning group the whole or part of whose area is in the

authority’s area; or

(c)
an NHS trust or NHS foundation trust which provides services in the

authority’s area.’.

Paul Burstow

Grahame M. Morris

Sarah Newton

55

Clause  2,  page  3,  line  2,  at end insert—

‘(d)
the importance of identifying suitable living accommodation to exercise

that duty’.

Liz Kendall

Mr Jamie Reed

67

Clause  2,  page  3,  line  2,  at end insert—

‘(d)
the importance of working with health bodies in carrying out the function

in subsection (c).’.

Liz Kendall

Mr Jamie Reed

68

Clause  3,  page  3,  line  32,  after ‘support provision with’, insert ‘housing’.

Liz Kendall

Mr Jamie Reed

69

Clause  3,  page  3,  line  41,  at end insert—

‘(1A)
Housing providers must exercise their functions with a view to ensuring

integration of services as set out in subsection (1).’.

Liz Kendall

Mr Jamie Reed

70

Clause  3,  page  3,  line  41,  at end insert—

‘(1A)
NHS bodies must exercise their functions with a view to ensuring the integration

of services for the purposes of enhancing the health and wellbeing of people, in

keeping with the duty on Health and Wellbeing Boards enshrined in section 195

of the Health and Social Care Act 2012.’.

Public Bill Committee: 9 January 2014
51

Care Bill-[Lords], continued

Liz Kendall

Mr Jamie Reed

Grahame M. Morris

71

Clause  4,  page  4,  line  19,  leave out ‘and maintain’ and insert ‘maintain and

facilitate access to’.

Paul Burstow

30

Clause  4,  page  4,  line  32,  at end insert—

‘( )
how to complain about a decision made under this Part.’.

Paul Burstow

Sarah Newton

56

Clause  4,  page  4,  line  32,  at end insert—

‘( )
suitable living accommodation, and the choice of providers, available in

the authority’s area.’.

Liz Kendall

Mr Jamie Reed

Grahame M. Morris

72

Clause  4,  page  4,  line  32,  at end insert—

‘( )
available housing options, and the choice of providers, available in the

authority’s area,’.

Liz Kendall

Mr Jamie Reed

Grahame M. Morris

75

Clause  4,  page  4,  line  32,  at end insert—

‘( )
how to access advice on housing options’.

Liz Kendall

Mr Jamie Reed

73

Clause  4,  page  4,  line  46,  at end insert—

‘(c)
ensure that such advice is provided by appropriately trained individuals

and to an appropriate standard.’.

Liz Kendall

Mr Jamie Reed

74

Clause  4,  page  5,  line  2,  at end insert ‘and anyone else who might benefit from

receiving it’.

Public Bill Committee: 9 January 2014
52

Care Bill-[Lords], continued

Liz Kendall

Mr Jamie Reed

76

Clause  4,  page  5,  line  3,  at end insert—

‘(4A)
The advice and information made available to adults with care and support needs

must include tailored information for individuals with specific medical

conditions and complex individual needs.’.

Paul Burstow

Sarah Newton

31

Clause  4,  page  5,  line  11,  at end insert—

‘(7)
Regulations must make provision for an effective and independent system for

revolving disputes between individuals and local authorities regarding decisions

taken under this Part. Regulations shall also set out the conditions that apply to

each party to a dispute and when decisions made are binding.’.

Paul Burstow

Liz Kendall

Mr Jamie Reed

32

Clause  5,  page  5,  line  18,  after ‘of’, insert ‘appropriate’.

Paul Burstow

33

Clause  5,  page  5,  line  37,  at end insert ‘, in particular by collecting information

from users as well as providers to inform assessment of the quantity, quality and

appropriateness of services and support provided.’.

Liz Kendall

Mr Jamie Reed

78

Clause  5,  page  5,  line  40,  at end insert—

‘(g)
the importance of ensuring adults with needs for care and support have

access to suitable living accommodation;’.

Liz Kendall

Mr Jamie Reed

79

Clause  5,  page  5,  line  40,  at end insert—

‘(g)
the importance of ensuring the diversity of the market, to ensure that

adults with needs for care and support have a choice of types of providers

of services, such as the choice between—

(i)
private sector providers of services;

(ii)
third sector providers of services;

(iii)
public sector providers of services; and

(iv)
mutual or co-operative providers of services.’.

Public Bill Committee: 9 January 2014
53

Care Bill-[Lords], continued

Liz Kendall

Mr Jamie Reed

80

Clause  5,  page  5,  line  40,  at end insert—

‘(g)
the importance of ensuring independent and effective advocacy services

from those with the relevant skills.’.

Liz Kendall

Mr Jamie Reed

81

Clause  5,  page  5,  line  42,  after ‘sufficient’, insert ‘and appropriate’.

Paul Burstow

Sarah Newton

34

Clause  5,  page  5,  line  48,  at end insert—

‘(4A)
Regulations may make provision for arrangements for the independent arbitration

of disputes between local authorities and providers concerning the fees paid by

local authorities, the regulations shall prescribe the matters that are material to

making a determination and the circumstances in which the arbitrator’s

determination is binding on relevant parties.’.

Paul Burstow

Sarah Newton

35

Clause  6,  page  6,  line  38,  after ‘housing’, insert ‘or other provider of housing for

vulnerable or older people’.

Paul Burstow

Sarah Newton

36

Clause  6,  page  6,  line  45,  after ‘housing’, insert ‘and town planning’.

Liz Kendall

Mr Jamie Reed

82

Clause  6,  page  7,  line  23,  at end insert—

‘(f)
sharing information and data so as to ensure high quality care and

support.’.

Liz Kendall

Mr Jamie Reed

83

Clause  6,  page  7,  line  40,  at end insert—

‘(i)
housing providers.’.



© Parliamentary copyright	Revised 9 January 2014