House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

261

House of Commons

Notices of Amendments

given on

Thursday 30 January 2014

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

Care Bill [Lords] Committee 242-259

Public Bill Committee

Care Bill [Lords]

Delegation of functions relating to deferred payment agreements and loans

Grahame M. Morris

NC29

To move the following Clause:—

‘(1)
The Secretary of State may make arrangements for any person or body specified

in the arrangements to exercise on behalf of local authorities, to such extent as is

so specified, any function exercisable by local authorities by virtue of regulations

under section 34.

(2)
Any arrangements made under subsection (1) shall not prevent local authorities

from exercising the function in question themselves.

(3)
The Secretary of State may pay to any body or person by whom any function is

exercisable by virtue of subsection (1)—

(a)
such amounts as he considers appropriate for the purpose of meeting

expenditure incurred or to be incurred by that body or person by way of

administrative expenses in, or in connection with, the exercise of that

function;

(b)
such remuneration as he may determine.

(4)
Any payment under subsection (3)(a) may be made subject to such terms and

conditions as the Secretary of State may determine; and any such conditions may

in particular—

(a)
require the provision of returns or other information before any such

payment is made;

(b)
relate to the use of the amount paid or require the repayment in specified

circumstances of all or part of the amount paid.’.

Notices of Amendments: 30 January 2014
262

Care Bill-[Lords], continued

Adult safeguarding access order

Paul Burstow

NC30

To move the following Clause:—

‘(1)
An authorised officer may apply to a Circuit Judge authorised by the Court of

Protection 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 42(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 authorised Circuit Judge 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)
a notice has been served on any relevant third party who the authorised

officer has reasonable cause to suspect is preventing access to allow

enquiries to be made under section 42 and for the purposes set out in

subsection (2);

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

unable to make decisions freely;

(e)
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 42(2) on what, if any, action should be taken;

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

subsection (2); and

(g)
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 shall be accompanied by a constable;

and

(c)
specify the period for which the order is to be in force.

(6)
An adult safeguarding access order may attach other conditions, including—

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

the order may be exercised;

Notices of Amendments: 30 January 2014
263

Care Bill-[Lords], continued

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

specified person;

(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; or

(d)
such other conditions as the authorised circuit judge deems it necessary

to attach.

(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—

(i)
the decision to apply for an order; and

(ii)
how the order has been exercised.

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

authority for the purposes of this section.

(10)
Regulations may set restrictions on the persons or categories of persons who may

be authorised.

(11)
Subsections (2)(c) and (4)(d) refer to a person under constraint; or subject to

coercion or undue influence; or for some other reason deprived of the capacity to

make the relevant decision or disabled from making a free choice, or

incapacitated or disabled from giving or expressing a real and genuine consent.’.



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