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Care Bill [HL]


 
 

 

Care Bill [HL]

LORDS AMENDMENTS IN LIEU OF, CONSEQUENTIAL ON, OR TO, CERTAIN

COMMONS AMENDMENTS

[The page and line references are to Bill 123, the Bill as first printed for the Commons.]

Clause 48

COMMONS AMENDMENT 11

11

Leave out Clause 48

 

LORDS AGREEMENT AND AMENDMENTS IN LIEU OF WORDS LEFT OUT OF THE BILL

The Lords agree with the Commons in their Amendment 11, and do propose Amendments

 

11B and 11C in lieu of the words so left out of the Bill

Before Clause 73

11B

Insert the following new Clause—

 

“Human Rights Act 1998: provision of regulated care or support etc to be public

 

function

 

(1)    

This section applies where—

 

(a)    

in England, a registered care provider provides care and support to

 

an adult or support to a carer, in the course of providing—

 

(i)    

personal care in a place where the adult receiving the

 

personal care is living when the personal care is provided,

 

or

 

(ii)    

residential accommodation together with nursing or

 

personal care;

 

(b)    

in Wales, a person registered under Part 2 of the Care Standards Act

 

2000 provides care and support to an adult, or support to a carer, in

 

the course of providing—

 
 
Bill 20855/3

 
 

2

 
 

(i)    

personal care in a place where the adult receiving the

 

personal care is living when the personal care is provided,

 

or

 

(ii)    

residential accommodation together with nursing or

 

personal care;

 

(c)    

in Scotland, a person provides advice, guidance or assistance to an

 

adult or support to a carer, in the course of a care service which is

 

registered under section 59 of the Public Services Reform (Scotland)

 

Act 2010 and which consists of the provision of—

 

(i)    

personal care in a place where the adult receiving the

 

personal care is living when the personal care is provided,

 

or

 

(ii)    

residential accommodation together with nursing or

 

personal care;

 

(d)    

in Northern Ireland, a person registered under Part 3 of the Health

 

and Personal Social Services (Quality, Improvement and

 

Regulation) (Northern Ireland) Order 2003 provides advice,

 

guidance or assistance to an adult or services to a carer, in the

 

course of providing—

 

(i)    

personal care in a place where the adult receiving the

 

personal care is living when the personal care is provided,

 

or

 

(ii)    

residential accommodation together with nursing or

 

personal care.

 

    

In this section “the care or support” means the care and support, support,

 

advice, guidance, assistance or services provided as mentioned above, and

 

“the provider” means the person who provides the care or support.

 

(2)    

The provider is to be taken for the purposes of section 6(3)(b) of the Human

 

Rights Act 1998 (acts of public authorities) to be exercising a function of a

 

public nature in providing the care or support, if the requirements of

 

subsection (3) are met.

 

(3)    

The requirements are that—

 

(a)    

the care or support is arranged by an authority listed in column 1 of

 

the Table below, or paid for (directly or indirectly, and in whole or

 

in part) by such an authority, and

 

(b)    

the authority arranges or pays for the care or support under a

 

provision listed in the corresponding entry in column 2 of the Table.

 

TABLE

 

Authority

Provisions imposing duty or conferring power to

 
  

meet needs

 
 

Local authority in

Sections 2, 18, 19, 20, 38 and 49 of this Act.

 
 

England

  
 

Local authority in

Part 4 and section 189 of the Social Services and

 
 

Wales

Well-being (Wales) Act 2014.

 
  

Section 51 of this Act.

 
 

Local authority in

Sections 12, 13A, 13B and 14 of the Social Work

 
 

Scotland

(Scotland) Act 1968.

 
  

Section 3 of the Social Care (Self-directed

 
  

Support) (Scotland) Act 2013.

 
 

Health and Social

Article 15 of the Health and Personal Social

 
 

Care trust

Services (Northern Ireland) Order 1972.

 
  

Section 52 of this Act.

 
 

Authority (within

Section 2 of the Carers and Direct Payments Act

 
 

the meaning of

(Northern Ireland) 2002.

 
 

section 10 of the

  
 

Carers and Direct

  
 

Payments Act

  
 

(Northern Ireland)

  
 

2002)

  
 
 

 
 

3

 
 

(4)    

In this section—

 

“local authority in England” means a local authority for the purposes

 

of this Part;

 

“local authority in Wales” means a local authority for the purposes of

 

the Social Services and Well-being (Wales) Act 2014;

 

“local authority in Scotland” means a council constituted under

 

section 2 of the Local Government etc. (Scotland) Act 1994;

 

“nursing care”, for England, Wales and Northern Ireland, has the

 

same meaning as in the Health and Social Care Act 2008 (Regulated

 

Activities) Regulations 2010, as amended from time to time;

 

“personal care”—

 

(a)    

for England, Wales and Northern Ireland, has the same

 

meaning as in the Health and Social Care Act 2008

 

(Regulated Activities) Regulations 2010, as amended from

 

time to time;

 

(b)    

for Scotland, has the same meaning as in Part 5 of the Public

 

Services Reform (Scotland) Act 2010, as amended from time

 

to time.”

Clause 124

11C

Page 106, line 37, at end insert—

 

“(ba)    

section (Human Rights Act 1998: provision of regulated care or support

 

etc to be public function) (Human Rights Act 1998: provision of

 

regulated care or support etc to be public function);”

 
 

 
 

4

 

After Clause 72

COMMONS AMENDMENT 32

32

Insert the following new Clause—

 

“Part 1 appeals

 

(1)    

Regulations may make provision for appeals against decisions taken by a

 

local authority in the exercise of functions under this Part in respect of an

 

individual (including decisions taken before the coming into force of the

 

first regulations made under this subsection).

 

(2)    

The regulations may in particular make provision about—

 

(a)    

who may (and may not) bring an appeal;

 

(b)    

grounds on which an appeal may be brought;

 

(c)    

pre-conditions for bringing an appeal;

 

(d)    

how an appeal is to be brought and dealt with (including time

 

limits);

 

(e)    

who is to consider an appeal;

 

(f)    

matters to be taken into account (and disregarded) by the person or

 

body considering an appeal;

 

(g)    

powers of the person or body deciding an appeal;

 

(h)    

what action is to be taken by a local authority as a result of an appeal

 

decision;

 

(i)    

providing information about the right to bring an appeal, appeal

 

procedures and other sources of information and advice;

 

(j)    

representation and support for an individual bringing or otherwise

 

involved in an appeal;

 

(k)    

investigations into things done or not done by a person or body

 

with power to consider an appeal.

 

(3)    

Provision about pre-conditions for bringing an appeal may require

 

specified steps to have been taken before an appeal is brought.

 

(4)    

Provision about how an appeal is to be dealt with may include provision

 

for—

 

(a)    

the appeal to be treated as, or as part of, an appeal brought or

 

complaint made under another procedure;

 

(b)    

the appeal to be considered with any such appeal or complaint.

 

(5)    

Provision about who is to consider an appeal may include provision—

 

(a)    

establishing, or requiring or permitting the establishment of, a

 

panel or other body to consider an appeal;

 

(b)    

requiring an appeal to be considered by, or by persons who include,

 

persons with a specified description of expertise or experience.

 

(6)    

Provision about representation and support for an individual may include

 

provision applying any provision of or made under section 68, with or

 

without modifications.

 

(7)    

The regulations may make provision for—

 
 

 
 

5

 
 

(a)    

an appeal brought or complaint made under another procedure to

 

be treated as, or as part of, an appeal brought under the regulations;

 

(b)    

an appeal brought or complaint made under another procedure to

 

be considered with an appeal brought under the regulations;

 

(c)    

matters raised in an appeal brought under the regulations to be

 

taken into account by the person or body considering an appeal

 

brought or complaint made under another procedure.

 

(8)    

The regulations may include provision conferring functions on a person or

 

body established by or under an Act (including an Act passed after the

 

passing of this Act); for that purpose, the regulations may amend, repeal,

 

revoke or otherwise modify an enactment.

 

(9)    

Regulations may make provision, in relation to a case where an appeal is

 

brought under regulations under subsection (1)—

 

(a)    

for any provision of this Part to apply, for a specified period, as if a

 

decision (“the interim decision”) differing from the decision

 

appealed against had been made;

 

(b)    

as to what the terms of the interim decision are, or as to how and by

 

whom they are to be determined;

 

(c)    

for financial adjustments to be made following a decision on the

 

appeal.

 

(10)    

The period specified under subsection (9)(a) may not begin earlier than the

 

date on which the decision appealed against was made, or end later than

 

the date on which the decision on the appeal takes effect.”

 

LORDS AGREEMENT, AMENDMENT TO THE COMMONS AMENDMENT AND

 

CONSEQUENTIAL AMENDMENTS

The Lords agree with the Commons in their Amendment 32, and do propose Amendment

 

32A as an amendment thereto, and Amendments 32C and 32D as consequential

 

Amendments to the Bill

32A

Line 51, leave out “revoke or otherwise modify an enactment” and insert “or

 

revoke an enactment, or provide for an enactment to apply with specified

 

modifications”

Clause 35

32C

Page 32, line 5, leave out “revoke or otherwise modify an enactment” and insert “or

 

revoke an enactment, or provide for an enactment to apply with specified

 

modifications”

Clause 119

32D

Page 103, line 42, leave out “revoke or otherwise modify an enactment” and insert

 

“or revoke an enactment, or provide for an enactment to apply with specified

 

modifications.”

 
 

 
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