House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

143

House of Commons

Notices of Amendments

given on

Thursday 16 January 2014

For other Amendment(s) see the following page(s):

Care Bill [Lords] Committee 119-141

Public Bill Committee

Care Bill [Lords]

Liz Kendall

Mr Jamie Reed

129

Clause  56,  page  49,  line  4,  at end insert—

‘(8)
Where this section applies to a registered care provider, the provider must

disclose in full any relevant information that the Care Quality Commission

considers it necessary to have in order to make an assessment under subsection

(1), including information relating to any holding companies or other associated

corporate entities.’.

Liz Kendall

Mr Jamie Reed

130

Clause  56,  page  48,  line  39,  leave out ‘may’ and insert ‘must’.

Grahame M. Morris

131

Clause  74,  page  65,  leave out lines 35 and 36.

Paul Burstow

132

Clause  56,  page  48,  line  44,  at end add ‘including the charges levied on the

provider by other services regulated by the Commission and their impact on the financial

sustainability of the provider’s business.’.

Notices of Amendments: 16 January 2014
144

Care Bill-[Lords], continued

Offence of corporate neglect

Paul Burstow

NC24

To move the following Clause:—

‘In section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007,

insert—

“1A
Corporate neglect

(1)
An organisation to which this section applies is guilty of an offence if the

way in which its activities are managed or organised—

(a)
cause a person to suffer abuse or neglect;

(b)
amounts to a gross breach of a relevant duty of care owed by the

organisation to the person who suffers abuse or neglect; and

(c)
the offence under this subsection is called corporate neglect.’.

Adult safeguarding access order

Paul Burstow

Sarah Newton

NC3

To move the following Clause:—

‘(1)
An authorised officer may apply to a justice of the peace for an order (an adult

safeguarding access order) in relation to a person living in any premises within a

local authority’s area.

(2)
The purposes of an adult safeguarding access order are—
5
(a)
to enable the authorised officer and any other person accompanying the

officer to speak in private with a person suspected of being an adult at risk

of abuse or neglect;

(b)
to enable the authorised officer to assess the mental capacity of a person

suspected of being an adult at risk of abuse;
10
(c)
to enable the authorised officer to ascertain whether that person is making

decisions freely; and

(d)
to enable the authorised officer properly to assess whether the person is

an adult at risk of abuse or neglect and to make a decision as required by

section 41(2) on what, if any, action should be taken.
15
(3)
While an adult safeguarding access order is in force, the authorised officer, a

constable and any other specified person accompanying the officer in accordance

with the order, may enter the premises specified in the order for the purposes set

out in subsection (2).

(4)
The justice of the peace may make an adult safeguarding access order if satisfied
20
that—

(a)
the authorised officer has reasonable cause to suspect that a person is an

adult who is experiencing or at risk of abuse or neglect;

(b)
it is necessary for the authorised officer to gain access to the person in

order to make the enquiries needed to inform the decision required by
25
section 41(2) on what, if any, action should be taken;

(c)
making an order is necessary in order to fulfil the purposes set out in

subsection (2); and

(d)
exercising the power of access conferred by the order will not result in

the person being at greater risk of abuse or neglect.

Notices of Amendments: 16 January 2014
145

Care Bill-[Lords], continued

30
(5)
An adult safeguarding access order must—

(a)
specify the premises to which it relates;

(b)
provide that the authorised officer may be accompanied by a constable;

and

(c)
specify the period for which the order is to be in force.
35
(6)
Other conditions may be attached to an adult safeguarding access order, for

example—

(a)
specifying restrictions on the time that the power of access conferred by

the order may be exercised;

(b)
providing for the authorised officer to be accompanied by another
40
specified person; or

(c)
requiring notice of the order to be given to the occupier of the premises

and to the person suspected of being an adult at risk of abuse.

(7)
A constable accompanying the authorised officer may use reasonable force if

necessary in order to fulfil the purposes of an adult safeguarding access order set
45
out in subsection (2).

(8)
On entering the premises in accordance with an adult safeguarding access order

the authorised officer must—

(a)
state the object of the visit;

(b)
produce evidence of the authorisation to enter the premises; and
50
(c)
provide an explanation to the occupier of the premises of how to

complain about how the power of access has been exercised.

(9)
In this section “an authorised officer” means a person authorised by a local

authority for the purposes of this section, but regulations may set restrictions on

the persons or categories of persons who may be authorised.’.

As an Amendment to Paul Burstow’s proposed New Clause (Adult safeguarding

access order) (NC3):—

Paul Burstow

(a)

Line  20,  at end insert—

‘( )
all reasonable and practicable steps have been taken to obtain access to a

person suspected of being an adult at risk of abuse or neglect before

seeking an order under this section;

( )
the authorised officer has had regard for the general duty in section 1

(Promoting individual well-being) in making a decision under subsection

(1).’.



© Parliamentary copyright	Revised 17 January 2014