House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 28 January 2014
220

Care Bill-[Lords], continued

Paul Burstow

151

Clause  118,  page  101,  line  31,  at end insert—

‘(A1)
In section 65H of the National Health Service Act 2006 (Chapter 5A of Part 2:

consultation requirements), in subsection (7) after “Secretary of State;”, insert—

“(c)
any overview and scrutiny committees in whose area the affected trusts

have hospitals, establishments or facilities; and”

(A2)
In section 65H of that Act (consultation requirements), in subsection (8) leave out

“(a)
an overview and scrutiny committee of any authority to which section

244 applies;”.’.

Paul Burstow

153

Clause  118,  page  101,  line  31,  at end insert—

‘(A3)
In section 65H of that Act (consultation requirements), at the end of subsection

(4) insert—

“( )
The Trust Special Administrator must hold at least one meeting with

overview and scrutiny committees in whose area the affected trusts have

hospitals, establishments or facilities.”.’.

Paul Burstow

170

Clause  118,  page  101,  line  31,  at end insert—

‘(A4)
In section 65KB of the National Health Service Act 2006 (Secretary of State’s

response to regulator’s decision), after paragraph (1)(b), insert—

“(ba)
that in the discharge of its functions the trust special

administrator has reasonably sought and considered responses

from any affected trusts, staff of any affected trusts and such

persons as the trust special administrator may recognise as

representing staff of any affected trust, and 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.”.’.

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

Public Bill Committee: 28 January 2014
221

Care Bill-[Lords], continued

(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.”

( )
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

Public Bill Committee: 28 January 2014
222

Care Bill-[Lords], continued

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

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

trust,”.”.’.

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)—

Public Bill Committee: 28 January 2014
223

Care Bill-[Lords], continued

(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

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)—

Public Bill Committee: 28 January 2014
224

Care Bill-[Lords], continued

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.

(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’.

Public Bill Committee: 28 January 2014
225

Care Bill-[Lords], continued

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—

(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;

(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.

(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

that—

(a)
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;

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

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

(1).

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

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

(d)
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

section 41(2) on what, if any, action should be taken;

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

subsection (2); and

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

the person being at greater risk of abuse or neglect.

(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.

(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;

Public Bill Committee: 28 January 2014
226

Care Bill-[Lords], continued

(b)
providing for the authorised officer to be accompanied by another

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

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

(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.’.

Duty to report adults at risk of abuse

Paul Burstow

Sarah Newton

NC4

To move the following Clause:—

‘(1)
If a relevant partner of a local authority has reasonable cause to suspect that the

local authority would be under a duty to make enquiries under section 42, it must

inform the local authority of that fact.

(2)
If the person that the relevant partner has reasonable cause to suspect would be

the subject of enquiries under section 42 and appears to be within the area of a

local authority other than the one of which it is a relevant partner, it must inform

that other local authority.

(3)
If a local authority has reasonable cause to suspect that a person within its area at

any time would be the subject of enquiries under section 42 and is living or

proposing to live in the area of another local authority (including a local authority

in Wales, Scotland or Northern Ireland), it must inform that other local authority.

(4)
In this section “relevant partner”, in relation to a local authority, means—

(a)
the local policing body and the chief officer of police for a police area any

part of which falls within the area of the local authority;

(b)
any other local authority with which the authority agrees that it would be

appropriate to co-operate under this section;

(c)
any provider of probation services that is required by arrangements under

section 3(2) of the Offender Management Act 2007 to act as a relevant

partner of the authority;

(d)
any provider of regulated activities as listed in Schedule 1 to the Health

and Social Care Act 2008 (Regulated Activities) Regulations 2010;

(e)
a local health board for an area any part of which falls within the area of

the authority;

(f)
an NHS trust providing services in the area of the authority; and



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