House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

1737

House of Commons

Notices of Amendments

given on

Tuesday 4 March 2014

For other Amendment(s) see the following page(s) of Supplement to Votes:

1701-04 , 1705, 1715-18, 1731-32 and 1733-35

Consideration of Bill

Care Bill, As Amended

National framework for local authority fees for care providers

Paul Burstow

Andrew George

NC15

To move the following Clause:—

‘(1)
The Secretary of State shall establish an indicative national formula with which

local authorities shall determine the costs of care provision in their area.

(2)
In having regard to the matters mentioned in section 5(2)(b), a local authority

must derive fee levels for independent providers of care and support services

from the formula mentioned in subsection (1).

(3)
The Secretary of State shall make arrangements for the audit of local authority fee

levels to determine their compliance with the duty mentioned in subsection (2)

and the extent to which this contributes to the effective delivery of the

requirements of section 5(2), with particular reference to paragraphs (b), (d), (e)

and (f).

(4)
The formula in subsection (1) shall be made by regulations laid in pursuance of

section 123(4) of this Act.’.

Powers of local commissioners in relation to TSA recommendations

Paul Burstow

Andrew George

NC16

To move the following Clause:—

‘(1)
In section 65DA(1) of the National Health Service Act 2006 (Chapter 5A of Part

2: Objective of trust special administration) omit “objective” and insert

“objectives” and omit “is” and insert “are”.

(2)
After subsection (1)(a) insert—

Notices of Amendments: 4 March 2014
1738

Care Bill, continued

“(b)
the continued provision of such of the services provided for the purposes

of the NHS by any affected trust at such level, as the commissioners of

those services determine.”.

(3)
After subsection 1(b) omit “(b)” and insert “(c)”.

(4)
In subsection (2) of that section after “The commissioners” insert “of the trust in

special administration and any affected trust”.

(5)
In subsection (4) of that section after “the commissioners” add “of the trust in

special administration and any affected trust”.

(6)
In subsection (9) of that section after ““commissioners” means the persons to

which the trust provides services under this Act” add “and the commissioners of

services at any affected trust”.

(7)
In section 65F insert—

“(2E)
Where the administrator is considering recommending taking action in

relation to another NHS foundation trust or an NHS trust which may

become an affected trust, the administrator shall engage with the

commissioners of services at any such NHS foundation trust or NHS trust

in order to enable those commissioners to make decisions pursuant to the

matters set out in section 65DA.”.

(8)
In section 651(1)—

(a)
after “action which the administrator recommends that the Secretary of

State” insert “or the commissioners of any affected trust“; and

(b)
after “should take in relation to the trust” insert “or any affected trust”.

(9)
In section 65K add—

“(3)
Where the final report contains recommendations for changes to be made

to services provided by an affected trust, the commissioners of services

at that affected trust shall make a decision within 20 working days

whether they wish to undertake public and patient involvement regarding

all or any of the recommendations and, if they are so minded, shall

comply with any arrangements for patient and public involvement agreed

by those commissioners under this Act before making any final decision

concerning the said recommendations.”.

(10)
In section 65KA add—

“(7)
Where the final report contains recommendations for changes to be made

to services provided by an affected trust, the commissioners of those

services shall make a decision within 20 working days whether they wish

to undertake public and patient involvement regarding all or any of the

recommendations and, if they are so minded, shall comply with any

arrangements for patient and public involvement agreed by those

commissioners under this Act before making any final decision

concerning the said recommendations.”.

(11)
In section 65KB(1)(d) after “that” insert “to the extent that the report

recommends action in relation to the trust in administration”.

(12)
In section 65KB(2)(a) after “decision” insert “in relation to any recommendations

made the in relation to the trust in administration”.

(13)
In section 65O add—

“(4)
In this chapter “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; and

Notices of Amendments: 4 March 2014
1739

Care Bill, continued

(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.

(14)
In section 13Q(4) at the end insert “save to the extent required by section 65K(3)

or 65KA(7)”.

(15)
In section 14Z2(7) at the end insert “save to the extent required by section 65K(3)

or 65KA(7)”.

(16)
In section 242(6)(b) at the end insert “save to the extent required by section

65K(3) or 65KA(7)”.’.

Member’s explanatory statement

This Clause ensures that all commissioners of services affected by a trust special administrator’s

report have the right to define local specified services; clarifies that, save for the trust in adminis

tration, local commissioners remain the decision makers for services they commission; and re

stores public engagement for changes other than for a trust in administration.

Liz Kendall

Mr Jamie Reed

19

Clause  90,  page  81,  line  27,  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 (2A) may prescribe—

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

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

Duty to review economic, financial and other factors affecting provision of care services

Liz Kendall

Mr Jamie Reed

NC17

To move the following Clause:—

‘(1)
The Secretary of State shall make arrangements for—

(a)
a review of the economic and financial factors affecting the employment

(including recruitment, training and development, effective deployment

and retention) of care sector workers and the extent to which current

policies, mechanisms and relevant compliance by regulated providers of

care services make it more or less likely that the objectives of this Act

will be realised; and

(b)
a public consultation on the conclusions and recommendations of the

review.

(2)
The Secretary of State shall lay a report of the review and public consultation

before each House of Parliament by 1 September 2014.’.

Notices of Amendments: 4 March 2014
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Care Bill, continued

Impact of working conditions on quality of care

Liz Kendall

Mr Jamie Reed

NC18

To move the following Clause:—

‘(1)
In exercising their functions under Part 1 local authorities must assess and

consider how working conditions for people employed in care and support

services impact on the fulfilment of local authority duties under Part 1 of this Act.

(2)
“Care and support services” means—

(a)
services provided by a local authority; and

(b)
services commissioned by a local authority.

(3)
Regulations may specify particular matters local authorities must have regard to

in relation to subsection (1).’.

Promoting health of carers

Liz Kendall

Mr Jamie Reed

NC19

To move the following Clause:—

‘(1)
In exercising their functions health bodies shall—

(a)
promote and safeguard the health and well-being of carers;

(b)
ensure that effective procedures exist to identify patients who are or are

about to become carers;

(c)
ensure that appropriate systems exist to ensure that carers receive

appropriate information and advice; and

(d)
ensure that systems are in place to ensure that the relevant general

medical services are rendered to their patients who are carers.’.

Local authorities: duties with respect to young carers

Liz Kendall

Mr Jamie Reed

NC20

To move the following Clause:—

‘(1)
A local authority must ensure that it takes all reasonable steps to ensure that in

relation to—

(a)
any school within its area and under its control; and

(b)
any functions it discharges in pursuance of its responsibilities as a

children’s services authority, there is in place a policy that both identifies

young carers and makes arrangement for the provision of support for

pupils who are young carers.

(2)
In discharging its duty under subsection (1), a local authority must have regard to

any guidance given from time to time by the Secretary of State.’.

Notices of Amendments: 4 March 2014
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Care Bill, continued

Further and higher education: duties with respect of student carers

Liz Kendall

Mr Jamie Reed

NC21

To move the following Clause:—

‘(1)
The responsible body of an institution to which this section applies must identify

or make arrangements to identify student carers and have a policy in place on

providing support for student carers.

(2)
This section applies to—

(a)
a university;

(b)
any other institution within the higher education sector; and

(c)
an institution within the further education sector.

(3)
A responsible body is—

(a)
in the case of an institution in subsection (2)(a) or (b), the governing

body;

(b)
in the case of a college of further education under the management of a

board of management, the board of management; and

(c)
in the case of any other college of further education, any board of

governors of the college or any person responsible for the management

of the college, whether or not formally constituted as a governing body

or board of governors.’.

Duty for Financial Services Consumer Panel

Liz Kendall

Mr Jamie Reed

NC22

To move the following Clause:—

‘(1)
The Financial Services Consumer Panel at the Financial Conduct Authority shall

have a duty to review the availability, quality, adequacy and effectiveness of

financial advice being provided to care users and their families on the

implications of the relevant provisions of this Act, and make an annual report

thereon to the Secretary of State containing recommendations for steps to take to

remedy any deficiencies identified by the Panel.

(2)
The Secretary of State shall lay a copy of the report mentioned in subsection (1)

before each House of Parliament. The first such report must be so laid within 12

months of this Act receiving Royal Assent.’.

Financial advice for care users: qualification to provide

Liz Kendall

Mr Jamie Reed

NC23

To move the following Clause:—

‘(1)
The Financial Conduct Authority shall prepare and conduct a review of the

implications of the relevant provisions of this Act for—

(a)
training and development; and

(b)
the level of the required qualifications

Notices of Amendments: 4 March 2014
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Care Bill, continued


for advisers seeking licences to provide financial advice to care users and their

families.

(2)
The Authority shall submit a report of the findings of the review mentioned in

subsection (1) to the Secretary of State, along with recommendations.

(3)
The Secretary of State shall lay a copy of the report mentioned in subsection (2)

before each House of Parliament. The first such report must be so laid within 12

months of this Act receiving Royal Assent.’.

Public awareness

Liz Kendall

Mr Jamie Reed

NC24

To move the following Clause:—

‘(1)
Local authorities shall have a duty to prepare, publish, consult on and implement

a plan for raising and maintaining awareness amongst the residents of their areas

of the arrangements for social care, and in particular of any changes to such

arrangements brought about by Part 1 of this Act.

(2)
The Secretary of State shall prepare and lay before each House of Parliament an

annual report on the level of public awareness and understanding of the

arrangements for social care, in particular—

(a)
awareness and understanding of the changes brought about by the

provisions of this Act; and

(b)
the effectiveness of local authorities’ implementation of their plans for

raising public awareness in their areas.’.



© Parliamentary copyright	Revised 5 March 2014