Session 2013 - 14
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Other Bills before Parliament


 
 

Public Bill Committee: 23 January 2014                  

186

 

Care Bill-[Lords], continued

 
 

appointment, the criteria for the role and the extent to which the appointment

 

satisfies those criteria.’.

 


 

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 add—

 

‘(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

 

the Commission under arrangements to be established by regulations under this

 

Act.’.


 
 

Public Bill Committee: 23 January 2014                  

187

 

Care Bill-[Lords], continued

 
 

Liz Kendall

 

Mr Jamie Reed

 

143

 

Clause  89,  page  80,  line  31,  leave out ‘may’ and insert ‘must’.

 

Liz Kendall

 

Mr Jamie Reed

 

144

 

Clause  89,  page  80,  line  38,  at end insert—

 

‘(a)    

performance indicators for individual services provided by service

 

providers,’.

 

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.

 


 

Liz Kendall

 

Mr Jamie Reed

 

145

 

Clause  90,  page  82,  line  24,  after ‘health service’, insert ‘and health-related

 

services provided by local authorities.’.

 


 

Paul Burstow

 

134

 

Schedule  5,  page  136,  line  4,  at end add—

 

‘(c)    

how effectively it discharged its duties under the Equalities Act 2010 or

 

under regulations under that Act.’.

 


 

Paul Burstow

 

133

 

Clause  95,  page  87,  line  35,  after ‘105(1)’ insert—


 
 

Public Bill Committee: 23 January 2014                  

188

 

Care Bill-[Lords], continued

 
 

‘( )    

HEE must set out in the document published under subsection (4) the objectives

 

and priorities it has set to meet its duties under the Equalities Act 2010.’.

 


 

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,’.

 


 

Norman Lamb

 

135

 

Clause  118,  page  102,  line  19,  at end insert—

 

‘( )    

After subsection (7) of that section insert—

 

“(8)    

Where the administrator recommends taking action in relation to another

 

NHS foundation trust or an NHS trust, the references in subsection (5) to

 

a commissioner also include a reference to a person to which the other

 

NHS foundation trust or the NHS trust provides services under this Act

 

that would be affected by the action.”.’.

 

Norman Lamb

 

136

 

Clause  118,  page  102,  line  27,  at end insert—

 

‘( )    

In section 65H of that Act (consultation requirements), in subsection (4)—

 

(a)    

after “trust special administrator must” insert “—

 

(a)    

”, and

 

(b)    

at the end insert “, and

 

(b)    

in the case of each affected trust, hold at least one

 

meeting to seek responses from staff of the trust and

 

from such persons as the trust special administrator may

 

recognise as representing staff of the trust.”


 
 

Public Bill Committee: 23 January 2014                  

189

 

Care Bill-[Lords], continued

 
 

( )    

In subsection (7) of that section, after paragraph (b) (but before paragraph (ba)

 

inserted by section 84(10)(a)) insert—

 

“(bza)    

any affected trust;

 

(bzb)    

any person to which an affected trust provides goods or services

 

under this Act that would be affected by the action recommended

 

in the draft report;”.

 

( )    

In subsection (9) of that section—

 

(a)    

after “trust special administrator must” insert “—

 

(a)    

”,

 

(b)    

after “subsection (7)(b),” (but before the insertion made by section

 

84(10)(b)) insert “(bzb),”, and

 

(c)    

at the end insert “, and

 

(b)    

hold at least one meeting to seek responses from

 

representatives of each of the trusts from which the

 

administrator must request a written response under

 

subsection (7)(bza).”

 

( )    

After subsection (11) of that section, insert—

 

“(11A)    

In this section, “affected trust” means—

 

(a)    

where the trust in question is an NHS trust, another NHS trust, or

 

an NHS foundation trust, which provides goods or services under

 

this Act that would be affected by the action recommended in the

 

draft report;

 

(b)    

where the trust in question is an NHS foundation trust, another

 

NHS foundation trust, or an NHS trust, which provides services

 

under this Act that would be affected by the action recommended

 

in the draft report.”.

 

( )    

In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “and

 

(bzb)”.’.

 

Norman Lamb

 

137

 

Clause  118,  page  103,  line  22,  at end insert—

 

‘( )    

in that paragraph, after sub-paragraph (7) insert—

 

  “(8)  

Omit subsection (8).”.’.

 

Norman Lamb

 

138

 

Clause  118,  page  103,  line  26,  at end insert—

 

‘( )    

in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)” substitute

 

“paragraphs (b) and (bzb)”,

 

( )    

in that paragraph, after sub-paragraph (4) insert—

 

“(4A)  

In subsection (11A)—

 

(a)    

omit paragraph (a), and

 

(b)    

in paragraph (b), omit “where the trust in question is

 

an NHS foundation trust,” and “, or an NHS

 

trust,”.”.’.

 



 
 

Public Bill Committee: 23 January 2014                  

190

 

Care Bill-[Lords], 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: 23 January 2014                  

191

 

Care Bill-[Lords], 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.


 
 

Public Bill Committee: 23 January 2014                  

192

 

Care Bill-[Lords], continued

 
 

(7)    

The requirements that may be specified in the mandate in reliance on

 

section 223B(6) include requirements to consult the Secretary of State or

 

other specified persons before exercising a power under subsection (5) or

65

(6).

 

(8)    

The power under subsection (5)(b) to recover a payment may be

 

exercised in a financial year after the one in respect of which the payment

 

was made.

 

(9)    

The payments that may be made out of a pooled fund into which a

70

designated amount is transferred include payments to a local authority

 

which is not party to the pooling arrangements in question in connection

 

with the exercise of its functions under Part 1 of the Housing Grants,

 

Construction and Regeneration Act 1996 (disabilities facilities grants).

 

(10)    

In exercising a power under this section, the Board must have regard to

75

the extent to which there is a need for the provision of each of the

 

following—

 

(a)    

health services (see subsection (12)),

 

(b)    

health-related services (within the meaning given in section

 

14Z1), and

80

(c)    

social care services (within the meaning given in that section).

 

(11)    

A reference in this section to service integration is a reference to the

 

integration of the provision of health services with the provision of

 

health-related services or social care services, as referred to in sections

 

13N and 14Z1.

85

(12)    

“Health services” means services provided as part of the health service in

 

England.”.’.

 

As an Amendment to Norman Lamb’s proposed New Clause (Integration of care and

 

support with health services etc: integration fund) (NC2):—

 

Paul Burstow

 

(a)

 

Line  74,  after ‘regard to’, insert ‘the duty to promote wellbeing in section 1 of the

 

Care Act 2014, and’.

 


 

Adult safeguarding access order

 

Paul Burstow

 

Sarah Newton

 

Dr Sarah Wollaston

 

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—


 
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