House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Notices of Amendments: 6 March 2014
1770

Care Bill, continued

(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

(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)”.

Notices of Amendments: 6 March 2014
1771

Care Bill, continued

(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.

Candour Commissioner

Charlotte Leslie

Sir Peter Bottomley

Andrew Bridgen

Rosie Cooper

Katy Clark

Neil Parish

Chris Kelly

Craig Whittaker

Mark Durkan

Mr Philip Hollobone

Rebecca Harris

Jeremy Lefroy

NC33


To move the following Clause:—

‘(1)
The Secretary of State shall establish an Office of the Care Commissioner for

Candour and Disclosures in the Public Interest (the “Candour Commissioner’s

Office”).

(2)
The Candour Commissioner shall have duties to—

(a)
protect and promote a culture of candour and disclosure in the public

interest in the health and care services sector,

(b)
provide or arrange confidential advice and support for persons working

in the health and social care sector considering making a disclosure in the

public interest,

(c)
provide or arrange advice and support for persons in the sector who have

made such a disclosure, and

(d)
monitor the treatment, employment and re-employment of persons

mentioned in paragraph (c) within the sector.

(3)
The Commissioner shall report to the Secretary of State, with

recommendations—

(a)
on any issue within the Commissioner’s remit as she/he sees fit,

(b)
making an assessment of the extent to which persons and bodies within

the sector are protecting and promoting a culture of candour, with

particular reference to the treatment, employment and re-employment

within the sector of persons who have previously made a disclosure in the

public interest.

(4)
The Secretary of State shall lay a copy of the Commissioner’s annual report

before each House of Parliament accompanied by an explanatory statement

Notices of Amendments: 6 March 2014
1772

Care Bill, continued

setting out the steps that the Government plan to take to remediate any

shortcomings identified by the Commissioner.’.

Liz Kendall

Mr Jamie Reed

Mrs Emma Lewell-Buck

Meg Munn

Grahame M. Morris

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.’.

NEW CLAUSES AND NEW SCHEDULES RELATING TO CHAPTERS 1 TO 3 OF PART 3,

AMENDMENTS TO CHAPTERS 1 TO 3 OF PART 3

The Health and Social Care Information Centre: restrictions on dissemination of

information

Secretary Jeremy Hunt

NC14

To move the following Clause:—

‘(1)
Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and Social

Care Information Centre) is amended as follows.

(2)
In section 253(1) (general duties), after paragraph (c) (but before the “and” after

it) insert—
5
“(ca)
the need to respect and promote the privacy of recipients of

health services and of adult social care in England,”.

(3)
In section 261 (other dissemination of information), after subsection (1) insert—

“(1A)
But the Information Centre may do so only if it considers that

disseminating the information would be for the purposes of the provision
10
of health care or adult social care.”

(4)
After section 262 insert—

“262A
Publication and other dissemination: supplementary

In exercising any function under this Act of publishing or otherwise

disseminating information, the Information Centre must have regard to

Notices of Amendments: 6 March 2014
1773

Care Bill, continued

15
any advice given to it by the committee appointed by the Health Research

Authority under paragraph 8(1) of Schedule 7 to the Care Act 2014

(committee to advise in connection with information dissemination

etc).”’.

As Amendments to Secretary Jeremy Hunt’s proposed New Clause (The Health and

Social Care Information Centre: restrictions on dissemination of information) (NC14):—

Dr Sarah Wollaston

Paul Burstow

Charlotte Leslie

Andrew George

(a)

Line  9,  after ‘of’, insert ‘improving’.

Dr Daniel Poulter

(c)


Line  10,  at end insert ‘, or

(b)
the promotion of health.”’.

Dr Sarah Wollaston

Paul Burstow

Charlotte Leslie

Andrew George

(b)

Line  10,  at end insert ‘; and if it has satisfied itself that the recipient is competent

to handle the data in compliance with all statutory duties and to respect and

promote the privacy of recipients of health services and adult social care.”.’.

Misuse of data provided by the Health and Social Care Information Centre: offence

Mr Jamie Reed

NC25

To move the following Clause:—

‘(1)
A person or entity commits an offence if they misuse, or negligently allow the

misuse of information they have requested and received from the Health and

Social Care Information Centre.

(2)
“Misuse” means—

(a)
using information in a way that violates the agreement with the Health

and Social Care Information Centre;

(b)
using information in a way that does not violate the agreement with the

Health and Social Care Information Centre, but that gives rise to use that

is outside the agreed limits of use; or

(c)
using information supplied by the Health and Social Care Information

Centre in such a way as to allow or enable individual patients to be

identified by a third party.

(3)
A person who is guilty of an offence under subsection (1) is liable—

(a)
on summary conviction, to an unlimited fine;

Notices of Amendments: 6 March 2014
1774

Care Bill, continued

(b)
on conviction on indictment, to imprisonment for not more than two

years or a fine, or both.

(4)
An entity who is guilty of an offence under subsection (1)—

(a)
is liable to an unlimited fine; and

(b)
must disclose the conviction on all future applications to access data from

the Health and Social Care Information Centre.’.

Register of persons who provide regulated social care

John McDonnell

Jeremy Corbyn

Kelvin Hopkins

NC31


To move the following Clause:—

‘(1)
Health Education England must make arrangements for the compilation,

publication and maintenance of a register of persons as set out in section

[Provision of certain care and support services to be public functions] who

provide regulated social care for an individual under arrangements paid for by a

public authority that have undertaken education and training in accordance with

the duty set out in section 95.

(2)
This duty may be delegated by HEE to Local Education and Training Boards

established under section 101.’.

Secretary Jeremy Hunt

8

Clause  109,  page  96,  line  2,  after ‘individuals’ insert ‘aged 18 or over who are’.

Mr Jamie Reed

29

Clause  116,  page  100,  line  29,  after ‘Authority’, insert ‘and the Secretary of State’.

Notices of Amendments: 6 March 2014
1775

Care Bill, continued

NEW CLAUSES AND NEW SCHEDULES RELATING TO Chapter 4 of part 3,

amendments to chapter 4 of part 3

Andy Burnham

Mr Jamie Reed

Caroline Lucas

Mark Durkan

30

Page  102,  line  31,  leave out Clause 119.

Secretary Jeremy Hunt

9

Clause  119,  page  104,  line  3,  at end insert—

‘(bzc)
any local authority in whose area the trust provides goods or services

under this Act;

(bzd)
any local authority in whose area an affected trust provides goods or

services under this Act;”.’.

As an Amendment to Secretary Jeremy Hunt’s proposed Amendment (No. 9):—

Paul Burstow

Dr Daniel Poulter

(a)


Line  4,  at end insert—

‘(bze)
any Local Healthwatch organisation for the area of a local authority

mentioned in paragraph (bzc) or (bzd);”.’.

Secretary Jeremy Hunt

10

Clause  119,  page  104,  line  13,  at end insert— ‘, and

(c)
hold at least one meeting to seek responses from representatives of each

of the local authorities from which the administrator must request a

written response under subsection (7)(bzc) or (bzd).”.’.

As Amendments to Secretary Jeremy Hunt’s proposed Amendment (No. 10):—

Paul Burstow

Dr Daniel Poulter

(a)


Line  2,  after ‘authorities’, insert ‘and Local and Healthwatch organisations’.

Paul Burstow

Dr Daniel Poulter

(b)


Line  3,  leave out ‘or (bzd)’ and insert ‘, (bzd) and (bze)’.

Notices of Amendments: 6 March 2014
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Care Bill, continued

Secretary Jeremy Hunt

11

Clause  119,  page  104,  line  23,  at end insert—

‘(11B)
In this section, a reference to a local authority includes a reference to the council

of a district only where the district is comprised in an area for which there is no

county council.”.’.

Secretary Jeremy Hunt

12

Clause  119,  page  104,  line  24,  leave out ‘and (bzb)’ and insert ‘, (bzb), (bzc) and

(bzd)’.

Secretary Jeremy Hunt

13

Clause  119,  page  105,  line  26,  leave out ‘and (bzb)’ and insert ‘, (bzb), (bzc) and

(bzd)’.

NEW CLAUSES AND NEW SCHEDULES RELATING TO PART 5, AMENDMENTS TO PART 5

Secretary Jeremy Hunt

14

Clause  123,  page  109,  line  18,  at end insert—

‘(ia)
regulations under section 72 (Part 1 appeals) which include provision that

amends or repeals a provision of an Act of Parliament.’.

Secretary Jeremy Hunt

15

Clause  125,  page  110,  line  26,  leave out ‘3’ and insert ‘4’.

Secretary Jeremy Hunt

16

Clause  127,  page  111,  line  20,  leave out subsection (2).

REMAINING PROCEEDINGS ON CONSIDERATION

Secretary Jeremy Hunt

17

Schedule  7,  page  145,  line  34,  at end insert—

‘(c)
to the Health and Social Care Information Centre in connection with—



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