House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 16 January 2014
122

Care Bill-[ [], continued

Norman Lamb

6

Clause  64,  page  54,  line  20,  leave out subsection (7).

Norman Lamb

7

Clause  65,  page  55,  line  40,  leave out subsection (9).

Norman Lamb

8

Clause  67,  page  56,  leave out lines 43 to 46 and insert—

‘(1)
Subsections (2) to (4) apply where a local authority in England providing

services for a child in need in the exercise of functions conferred by

section 17—

(a)
are required by section 59(1) or 64(1) of the Care Act 2014 to

carry out a child’s needs assessment or young carer’s assessment

in relation to the child, or

(b)
are required by section 61(1) of that Act to carry out a child’s

carer’s assessment in relation to a carer of the child.’.

Norman Lamb

9

Clause  67,  page  57,  line  1,  leave out ‘requested’.

Norman Lamb

10

Clause  67,  page  57,  line  3,  after ‘60(6)’ insert ‘, 62(5A)’.

Norman Lamb

11

Clause  67,  page  57,  line  7,  leave out ‘requested’.

Norman Lamb

12

Clause  67,  page  57,  line  9,  after ‘60(6)’ insert ‘, 62(5A)’.

Norman Lamb

13

Clause  67,  page  57,  line  15,  leave out ‘decide to comply with the request but’.

Public Bill Committee: 16 January 2014
123

Care Bill-[ [], continued

Norman Lamb

14

Clause  67,  page  57,  line  21,  at end insert—

‘(4A)
Subsection (5) applies where a local authority in England providing

services for a child in need in the exercise of functions conferred by

section 17—

(a)
receive a request for a child’s needs assessment or young carer’s

assessment to be carried out in relation to the child or for a

child’s carer’s assessment to be carried out in relation to a carer

of the child, but

(b)
have yet to be required by section 59(1), 61(1) or 64(1) of the

Care Act 2014 to carry out the assessment.’.

Norman Lamb

15

Clause  67,  page  57,  line  38,  after first ‘assessment”,’ insert ‘“child’s carer’s

assessment”,’.

Norman Lamb

16

Clause  67,  page  58,  leave out lines 11 to 13 and insert—

‘(1)
Subsections (2) to (4) apply where a local authority in England making

arrangements for a disabled child under section 2 are required by section

59(1) of the Care Act 2014 to carry out a child’s needs assessment in

relation to the child.’.

Norman Lamb

17

Clause  67,  page  58,  line  14,  leave out ‘requested’

Norman Lamb

18

Clause  67,  page  58,  line  20,  leave out ‘requested’

Norman Lamb

19

Clause  67,  page  58,  line  27,  leave out ‘decide to comply with the request but’

Norman Lamb

20

Clause  67,  page  58,  line  33,  at end insert—

‘(4A)
Subsection (5) applies where a local authority in England making

arrangements for a disabled child under section 2—

(a)
receive a request for a child’s needs assessment to be carried out

in relation to the child, but

(b)
have yet to be required by section 59(1) of the Care Act 2014 to

carry out the assessment.’.

Public Bill Committee: 16 January 2014
124

Care Bill-[ [], continued

Norman Lamb

21

Clause  67,  page  59,  line  6,  leave out subsection (4).

Paul Burstow

121


Clause  77,  page  69,  line  29,  at end insert—

‘(4)
The Secretary of State must take reasonable steps to ensure that all guidance

issued under regulations made under this Part is made easily available in a range

of formats and kept up to date.’.

Grahame M. Morris

125


Clause  77,  page  69,  line  29,  at end add—

‘(4)
A local authority, and NHS bodies, must continue to act under general guidance

previously issued by the Secretary of State until a declaration of intent has been

made by the Secretary of State in relation to new general guidance.

(5)
Any general guidance issued by the Secretary of State relating to the exercise of

functions as defined in subsection (1) will, unless otherwise specified, use the

definition of an NHS body set out in this Act.’.

Norman Lamb

22

Clause  79,  page  71,  line  18,  at end insert—

‘Child’s carer’s assessment
Section 61(2)

Child’s needs assessment
Section 59(2)’.

Norman Lamb

23

Clause  79,  page  71,  line  29,  at end insert—

‘Parent
Section 59(6)’.

Norman Lamb

24

Clause  79,  page  72,  line  3,  at end insert—

“Young carer
Section 64(6)

Young carer’s assessment
Section 64(2)”

Public Bill Committee: 16 January 2014
125

Care Bill-[ [], continued

Paul Burstow

48

Clause  81,  page  72,  line  34,  at end insert—

‘(1A)
Regulations must make provision for—

(a)
the definition of “significant improvement”, and

(b)
the assessment of progress towards the improvements so specified.’.

Paul Burstow

49

Clause  88,  page  79,  line  18,  leave out subsection (4).

Member’s explanatory statement

This amendment is one of a number intended, collectively, to restore the powers of the Care

Quality Commission to review or investigate local authority social care provision or

commissioning without first securing, singular or joint, Ministerial approval.

Mrs Emma Lewell-Buck

126


Clause  89,  page  80,  line  20,  at end insert—

‘(2A)
The Commission must, in respect of such English local authorities as may be

prescribed—

(a)
conduct reviews of the provision of such adult social services provided

or commissioned by the authorities as may be prescribed;

(b)
assess the performance of the authorities following each such review; and

(c)
publish a report of its assessment.

(2B)
Regulations under subsection (3) may prescribe—

(a)
all adult social services or adult social services of a particular description;

and

(b)
all local authorities or particular local authorities.’.

Mrs Emma Lewell-Buck

127


Clause  89,  page  80,  line  21,  after ‘provider’, insert ‘other than the provision of

adult social services’.

Paul Burstow

52

Clause  89,  page  80,  line  23,  at end add ‘in particular indicators relating to specified

relevant physical and mental health conditions’.

Mrs Emma Lewell-Buck

128


Clause  89,  page  80,  line  23,  at end insert—

‘(3A)
The assessment of the performance of a provider of adult social services, in

respect of that provision, is to be by reference to a quality standards framework,

and indicators therein, to be developed jointly by the English local authorities and

Public Bill Committee: 16 January 2014
126

Care Bill-[ [], continued

the Commission under arrangements to be established by regulations under this

Act.’.

Paul Burstow

50

Clause  89,  page  81,  leave out lines 16 to 18.

Member’s explanatory statement

This amendment is one of a number intended, collectively, to restore the powers of the Care

Quality Commission to review or investigate local authority social care provision or

commissioning without first securing, singular or joint, Ministerial approval.

Paul Burstow

51

Clause  89,  page  81,  line  19,  leave out ‘(5) Omit subsection (1A) of that section.’.

Member’s explanatory statement

This amendment is one of a number intended, collectively, to restore the powers of the Care

Quality Commission to review or investigate local authority social care provision or

commissioning without first securing, singular or joint, Ministerial approval.

Paul Burstow

122


Clause  102,  page  90,  line  2,  after ‘health’, insert ‘-related’.

Paul Burstow

123


Clause  102,  page  90,  line  2,  after ‘services’, insert ‘(including nursing homes)’.

Paul Burstow

124


Clause  102,  page  90,  line  6,  after subsection (c) add—

‘( )
a person who will represent the interests of carers.’.

Paul Burstow

91

Clause  109,  page  95,  line  35,  after ‘Health;’, insert—

‘( )
the Chief Nursing Officer of the Department of Health,’.

Public Bill Committee: 16 January 2014
127

Care Bill-[ [], continued

New Clauses

Rights of appeal

Norman Lamb

NC1

To move the following Clause:—

‘(1)
In section 26 of the Health and Social Care Act 2008 (registration procedure:

notice of proposals), after subsection (4) insert—

“(4A)
Where a proposal under subsection (4) names an individual and specifies

action that the Commission would require the registered person to take in

relation to that individual, the Commission must give that individual

notice in writing of the proposal.”

(2)
In section 28 of that Act (notice of decisions), in subsection (6), for “subsection

(7)” substitute “subsections (7) to (9)”.

(3)
In that section, after subsection (7) insert—

“(8)
But in a case where notice of the proposal has been given to an individual

under section 26(4A) subsection (7) does not apply unless, by the time

the Commission receives the applicant’s notification, it has received

notification from the individual that he or she does not intend to appeal.

(9)
And if the Commission receives notification from the individual after it

receives the applicant’s notification and before the end of the period

mentioned in subsection (6)(a), the decision is to take effect when the

Commission receives the individual’s notification.”’.

Integration of care and support with health services etc: integration fund

Norman Lamb

NC2

To move the following Clause:—

‘(1)
At the end of section 223B of the National Health Service Act 2006 (funding of

the National Health Service Commissioning Board) insert—

“(6)
Where the mandate specifies objectives relating to service integration,

the requirements that may be specified under section 13A(2)(b) include
5
such requirements relating to the use by the Board of an amount of the

sums paid to it under this section as the Secretary of State considers it

necessary or expedient to impose.

(7)
The amount referred to in subsection (6)—

(a)
is to be determined in such manner as the Secretary of State
10
considers appropriate, and

(b)
must be specified in the mandate.

(8)
The reference in subsection (6) to service integration is a reference to the

integration of the provision of health services with the provision of

Public Bill Committee: 16 January 2014
128

Care Bill-[ [], continued

health-related services or social care services, as referred to in sections
15
13N and 14Z1.”

(2)
After section 223G of that Act (meeting expenditure of clinical commissioning

groups out of public funds) insert—

“223GA
Expenditure on integration

(1)
Where the mandate includes a requirement in reliance on section 223B(6)
20
(requirements relating to use by the Board of an amount paid to the Board

where mandate specifies service integration objectives), the Board may

direct a clinical commissioning group that an amount (a “designated

amount”) of the sums paid to the group under section 223G is to be used

for purposes relating to service integration.
25
(2)
The designated amount is to be determined—

(a)
where the mandate includes a requirement (in reliance on section

223B(6)) that designated amounts are to be determined by the

Board in a manner specified in the mandate, in that manner;

(b)
in any other case, in such manner as the Board considers
30
appropriate.

(3)
The conditions under section 223G(7) subject to which the payment of a

designated amount is made must include a condition that the group

transfers the amount into one or more funds (“pooled funds”) established

under arrangements under section 75(2)(a) (“pooling arrangements”).
35
(4)
The conditions may also include—

(a)
conditions relating to the preparation and agreement by the

group and each local authority and other clinical commissioning

group that is party to the pooling arrangements of a plan for how

to use the designated amount (a “spending plan”);
40
(b)
conditions relating to the approval of a spending plan by the

Board;

(c)
conditions relating to the inclusion of performance objectives in

a spending plan;

(d)
conditions relating to the meeting of any performance objectives
45
included in a spending plan or specified by the Board.

(5)
Where a condition subject to which the payment of a designated amount

is made is not met, the Board may—

(a)
withhold the payment (in so far as it has not been made);

(b)
recover the payment (in so far as it has been made);
50
(c)
direct the clinical commissioning group as to the use of the

designated amount for purposes relating to service integration or

for making payments under section 256.

(6)
Where the Board withholds or recovers a payment under subsection

(5)(a) or (b)—
55
(a)
it may use the amount for purposes consistent with such

objectives and requirements relating to service integration as are

specified in the mandate, and

(b)
in so far as the exercise of the power under paragraph (a)

involves making a payment to a different clinical commissioning
60
group or some other person, the making of the payment is subject

to such conditions as the Board may determine.



© Parliamentary copyright	Revised 16 January 2014