Hospital Parking Charges (Exemption for Carers) Bill (HC Bill 10)

A

BILL

TO

Make provision for exempting carers from hospital car parking charges; and
for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Duty to exempt qualifying carers from hospital car parking charges

(1) Health Care providing bodies shall make arrangements to exempt qualifying
carers engaged in any of the qualifying activities listed in section 2(2) from
charges for parking their cars in spaces provided for service users at hospitals
5and other healthcare facilities where car parking charges would otherwise
apply.

(2) The duty in subsection (1) is the responsibility of—

(a) any National Health Service hospital, walk-in centre, GP practice or
other health care facility to which patients are admitted, or which they
10attend, for diagnosis, testing, treatment or other appointment relating
to their health; and

(b) any private hospital.

(3) The duty in subsection (1) applies to car parking spaces provided directly or
indirectly, including under contract, by or on behalf of a health care provider
15under subsection (2) for patients and other users to whom car parking charges
would otherwise apply.

(4) The arrangements under subsection (1) shall be implemented within a period
of 12 months commencing with the date this Act comes into force.

2 Qualification

(1) 20A qualifying carer under section 1(1) is a person who—

(a) receives the Carer‘s Allowance, or

(b) has an underlying entitlement to the Carer’s Allowance.

Hospital Parking Charges (Exemption for Carers) BillPage 2

(2) A qualifying activity under section 1(1) is transporting, visiting or otherwise
accompanying or facilitating a person to whom the care relevant to subsection
(1) is provided and who has been admitted to, or is attending, a health care
facility for diagnosis, testing, treatment or other appointment relating to their
5health.

3 Guidance on the exemption of qualifying carers

(1) The Secretary of State shall, after public consultation, issue guidance to health
care providers, including private hospitals, on the implementation of the duty
in section 1.

(2) 10The Secretary of State may, after public consultation, make regulations by
statutory instrument making provision about the implementation of the duty
in section 1.

(3) A statutory instrument under subsection (2) shall only be made after having
been laid in draft before each House of Parliament and approved by a
15resolution of each House.

4 Duty to establish a scheme for exempting eligible carers from hospital car
park charges

(1) Health Care providing bodies shall establish schemes to exempt eligible carers
engaged in any of the qualifying activities listed in section 2(2) from hospital
20car park charges and submit such schemes to the Secretary of State within 12
months of this Act coming into force.

(2) The duty in subsection (1) is the responsibility of—

(a) any National Health Service hospital, walk-in centre, GP practice or
other health care facility to which patients are admitted, or which they
25attend, for diagnosis, testing, treatment or other appointment relating
to their health; and

(b) any private hospital.

(3) The duty in subsection (1) applies to car parking spaces provided directly or
indirectly, including under contract, by or on behalf of a health care provider
30under subsection (2) for patients and other users to whom car parking charges
would otherwise apply.

(4) A scheme drawn up and submitted under subsection (1) shall be implemented
within a period of 18 months commencing with the date on which this Act
comes into force.

5 35Eligibility

(1) An eligible carer is a person who—

(a) has been assessed as eligible for free hospital car parking by a local
authority under section 10(5)(f) of the Care Act 2014 as inserted by this
Act, or

(b) 40provides or intends to provide substantial care on a regular basis, other
than under or by virtue of a contract or as voluntary work and has been
certified as such by an appropriate clinician.

(2) The Care Act 2014 is amended as follows: in section 10(5) after paragraph (e),

Hospital Parking Charges (Exemption for Carers) BillPage 3

insert—

(f) whether the carer should be eligible for free hospital car
parking.”

(3) An appropriate clinician for the purposes of subsection (1)(b) is a person who
5is responsible for the diagnosis, treatment or care of the person for whom the
eligible carer cares and is a registered nurse or a registered medical
practitioner.

6 Guidance on the development, establishment and implementation of
schemes for the exemption of eligible carers

(1) 10The Secretary of State shall, after public consultation, issue guidance to health
care providers, including private hospitals, on the implementation of the duty
in section 4.

(2) The Secretary of State may, after public consultation, make regulations by
statutory instrument making provision about the implementation of the duty
15in section 4.

(3) A statutory instrument under subsection (2) shall only be made after having
been laid in draft before each House of Parliament and approved by a
resolution of each House.

7 Regulations, extent, commencement and short title

(1) 20Regulations under sections 3 and 6 may apply to, or make provision about—

(a) the duties under sections 1 and 4, and

(b) arrangements for the exemption of qualifying, and of eligible, carers
within a single statutory instrument, as the Secretary of State sees fit.

(2) This Act extends to England only.

(3) 25This Act comes into force on a day to be appointed by the Secretary of State;
and the Secretary of State may not appoint a day which falls after the period of
12 months after the day on which this Act receives Royal Assent.

(4) This Act may be cited as the Hospital Parking Charges (Exemption for Carers)
Act 2016.