Coronavirus Bill (HC Bill 122)

and any other conditions for the making of the order, determination or
direction are met.

(2) Those provisions are—

(a) section 167(2) (public protection order requiring convicted person to
5be admitted to and detained in hospital or care home specified in
order) (see also section 168(5));

(b) section 177(2) (interim detention order requiring convicted person to
be admitted to and detained in hospital specified in order) (see also
section 177(5));

(c) 10section 204 (determination of question of fitness of person to be tried
on indictment);

(d) section 206 (direction for recording of finding that person is not
guilty of offence charged on indictment on ground of insanity).

Required medical evidence for hospital directions

15 (1) 15A court may give a hospital direction under section 174 (when passing
custodial sentence, for the removal to and detention in hospital of a
convicted person) where the court—

(a) is satisfied that complying with the requirement under that
provision for the evidence of at least two registered medical
20practitioners in accordance with that provision is impractical or
would involve undesirable delay, and

(b) is satisfied on the written or oral evidence of a single relevant
medical practitioner of the matters of which it would (but for this
paragraph) have to be satisfied on the evidence of at least two
25practitioners as referred to in sub-paragraph (a),

and any other conditions for giving the direction are met.

(2) In sub-paragraph (1), “relevant medical practitioner” means a medical
practitioner referred to in paragraph (a) or (b) (as the case may be) of section
175(4).

30Extension reports in relation to public protection orders without restrictions

16 Section 183 (period within which appropriate medical practitioner making
extension report in relation to public protection order without restrictions
must have examined person subject to order) has effect as if in subsection
(3)—

(a) 35in paragraph (a) of the definition of “the reporting period” (first
extension under section 181), for “last month” there were substituted
“last two months”, and

(b) in paragraph (b) of that definition (subsequent extension under
section 182), for “last two months” there were substituted “last three
40months”.

Required medical evidence for directions for the transfer of prisoners etc to hospital

17 (1) The Department of Justice in Northern Ireland may give a direction under a
provision listed in sub-paragraph (3) if the Department—

(a) is satisfied that complying with the requirement under that
45provision for written reports from at least two medical practitioners

in accordance with that provision is impractical or would involve
undesirable delay, and

(b) is satisfied on the basis of a written report from a single relevant
medical practitioner of the matters of which it would (but for this
paragraph) have to be satisfied on the written reports of at least two
5practitioners as referred to in sub-paragraph (a),

and any other conditions for giving the direction are met.

(2) In sub-paragraph (1), “relevant medical practitioner” means a medical
practitioner referred to in paragraph (a) or (b) (as the case may be) of section
212(4) or (as the case may be) 223(5).

(3) 10Those provisions are—

(a) section 211(1) (direction for removal to hospital of person serving
custodial sentence etc);

(b) section 214(1) (direction for removal to hospital of civil prisoner or
immigration detainee);

(c) 15section 217(1) (direction for removal to hospital of person remanded
in custody by magistrates’ court);

(d) section 220(1) (direction for removal to hospital of certain other
detainees).

Admission of person subject to hospital transfer direction to hospital

18 20Section 224(2)(b) (period within which person subject to hospital transfer
direction must be admitted to hospital) has effect as if for “14 days” there
were substituted “28 days”.

Code of practice

19 (1) The Code of Practice for the time being published under section 288 is
25subject to the provisions of such further Code of Practice (“temporary
Code”) as the Department of Health in Northern Ireland may prepare, as
appropriate revise, and publish, for the guidance, in relation to a period for
which a provision of this Schedule has effect, of such of the persons or bodies
referred to in subsection (1) of that section as the Department considers
30appropriate on such matters as the Department considers appropriate.

(2) Subsections (4) to (6) and (8) to (10) of section 288 apply to a temporary Code
as they apply to a Code of Practice referred to in that section.

(3) Section 288 does not otherwise apply to a temporary Code.

Part 3 35Transitional provision

20 Paragraph 5, 9, 11 or 18 continues to apply after the end of any period for
which it has effect for the purposes of determining the length of any period
which has begun before the end of that period.

21 Where, by virtue of paragraph 12 an accused person has been remanded
40under section 162 for more than 12 weeks in total, the person may not be
further remanded under that provision after the end of any period for which
that paragraph has effect.

Part 4 Review of operation of certain provisions of this Schedule

22 (1) Each HSC trust must maintain a record of each instance where a panel
operates in reliance on paragraph 5 or 9.

(2) 5The HSC trust must prepare a report containing an evaluation by it of each
such instance and its opinion as to whether the reliance on paragraph 5 or 9
was appropriate.

(3) The HSC trust must send the report under sub-paragraph (2) to the
Department of Health in Northern Ireland no later than 3 months after the
10end of a period for which the paragraph of this Schedule in question has
effect.

Section 14

SCHEDULE 11 Local authority care and support

Part 1 15Powers and duties of local authorities in England

Introductory

1 (1) In this Part of this Schedule “CA 2014” means the Care Act 2014.

(2) Expressions used in this Part of this Schedule and in Part 1 of CA 2014 have
the same meaning in this Part of this Schedule as in Part 1 of that Act.

20Assessing needs for care and support

2 (1) A local authority does not have to comply with any duties imposed by the
following provisions—

(a) section 9 of CA 2014 (assessment of an adult’s needs for care and
support);

(b) 25section 10 of that Act (assessment of a carer’s needs for support);

(c) any regulations made under section 12(1) or (2) of that Act (further
provision about assessments under section 9 or 10);

(d) section 12(3) and (4) of that Act (duties to give written records of
assessments);

30(and accordingly section 11 of that Act (refusal of assessment) does not
apply).

(2) A local authority does not have to comply with any duties imposed by
section 13 of CA 2014 (determination of whether needs meet the eligibility
criteria) or any regulations made under that section.

(3) 35A local authority does not have to comply with any duties imposed by the
following provisions—

(a) sections 58 and 59 of CA 2014 (assessment of a child’s needs for care
and support);

(b) sections 60 and 61 of that Act (assessment of a child’s carer’s needs
for support);

(c) sections 63 and 64 of that Act (assessment of a young carer’s needs
for support);

(d) 5any regulations made under section 65(1) of that Act (further
provision about assessments under sections 58 to 64).

(4) Nothing in this paragraph prevents a local authority from carrying out any
assessment, or making any determination, it considers appropriate for the
purposes of exercising its functions under section 18, 19, 20 or 62 of CA 2014
10(as modified by paragraphs 4 to 6 and 9 of this Schedule).

Assessment of financial resources

3 (1) A local authority does not have to comply with any duties imposed by
section 17 of CA 2014 (assessment of financial resources).

(2) A local authority may not make a charge under section 14 of CA 2014 for
15meeting any needs under section 18, 19, 20 or 62 of that Act during a period
for which paragraph 4, 5, 6 or (as the case may be) 9 of this Schedule has
effect without having carried out an assessment under section 17 of that Act.

(3) The requirement under sub-paragraph (2) to carry out an assessment under
section 17 of CA 2014 applies whether or not the authority has made a
20determination under section 13(1) of that Act.

Duties and powers to meet needs for care and support

4 Section 18 of CA 2014 (duty to meet needs for care and support) has effect as
if for subsection (1) there were substituted—

“(1) A local authority must meet an adult’s needs for care and support
25if—

(a) the adult is ordinarily resident in the authority’s area or is
present in its area but of no settled residence,

(b) the authority considers that it is necessary to meet those
needs for the purpose of avoiding a breach of the adult’s
30Convention rights, and

(c) there is no charge under section 14 for meeting the needs or,
in so far as there is, condition 1, 2 or 3 is met.

In this subsection “Convention rights” has the same meaning as in
the Human Rights Act 1998.”

5 35Section 19 of CA 2014 (power to meet needs for care and support) has effect
as if there were omitted—

(a) the reference in subsection (1) to having carried out a needs
assessment and a financial assessment;

(b) the reference in subsection (2) to having made a determination under
40section 13(1) of that Act, and the words “which meet the eligibility
criteria”;

(c) the reference in subsection (3) to having not yet carried out a needs
assessment or made a determination under section 13(1) of that Act.

6 In section 20 of CA 2014 (duty and power to meet a carer’s needs for
support), subsection (1) has effect as if—

(a) the words “, having made a determination under section 13(1),” and
“which meet the eligibility criteria” were omitted;

(b) 5after paragraph (a) there were inserted—

“(aa) the authority considers that it is necessary to meet
those needs for the purpose of avoiding a breach of
the carer’s Convention rights,”;

(c) at the end there were inserted—

10““In this subsection “Convention rights” has the same
meaning as in the Human Rights Act 1998.”

7 (1) For the purposes of sections 18(6) and 20(9) of CA 2014 (meaning of
references to there being no charge for meeting needs), a local authority that
decides not to carry out an assessment under section 17 of that Act as a result
15of paragraph 3(1) above is to be treated as having decided not to make a
charge under section 14 of that Act (but see paragraph 10 below).

(2) But the duty under section 18 or 20(1) of CA 2014 does not apply to a local
authority if—

(a) the authority notifies the relevant person that it may make a charge
20for meeting needs under that section, and

(b) the relevant person asks the authority not to meet those needs.

(3) In sub-paragraph (2) “the relevant person” means—

(a) the person who would be liable to pay any such charge, or

(b) in a case where—

(i) 25the authority would be meeting the needs of an adult under
section 18 of CA 2014, and

(ii) the adult lacks capacity to arrange for the provision of care
and support,

a person who is authorised under the Mental Capacity Act 2005 to
30arrange for such provision or is otherwise in a position to do so on
the adult’s behalf.

8 A local authority does not have to comply with any duties imposed by the
following provisions—

(a) any regulations made under section 30 of CA 2014 (cases where adult
35expresses preference for particular accommodation);

(b) section 47(2) of that Act (duty to prevent or mitigate loss or damage
to property of adults being cared for away from home).

9 Section 62 of CA 2014 (power to meet child’s carer’s needs for support) has
effect as if the reference in subsection (1) to having carried out a child’s
40carer’s assessment were omitted.

Charging for meeting needs during emergency period

10 (1) This paragraph applies where—

(a) at any time during an emergency period, a local authority begins to
meet needs under section 18, 19, 20 or 62 of CA 2014,

(b) 45at that time, the authority would have been entitled to make a charge
under section 14 of that Act for meeting any of those needs, but

(c) the authority decided not to carry out an assessment under section
17 of that Act before beginning to meet those needs.

In this paragraph “emergency period”, in relation to section 18, 19, 20 or 62
of CA 2014, means a period for which paragraph 4, 5, 6 or (as the case may
5be) 9 of this Schedule has effect.

(2) The local authority is not prevented by that decision from subsequently
carrying out an assessment under section 17 of CA 2014 (whether during or
after the emergency period) and deciding to make a charge for meeting those
needs during that period; and nothing in that section is to be taken to
10prevent the authority from carrying out such an assessment, even though
the authority has already begun to meet, or has met, those needs.

(3) In so far as there is any charge for meeting any needs under section 18 or
19(2) of CA 2014 during the emergency period, the fact that condition 1, 2 or
3 in section 18 of that Act is not met at the time of the making of the charge
15does not affect anything already done under section 18 or (as the case may
be) 19(2) of that Act.

(4) In so far as there is any charge for meeting any needs under section 20(1) of
CA 2014 during the emergency period, the fact that condition 1, 2, 3 or 4 in
that section is not met at the time of the making of the charge does not affect
20anything already done under that section.

Care and support plans etc

11 A local authority does not have to comply with any duties imposed by the
following provisions of CA 2014—

(a) section 24 (duty to prepare care and support plan or support plan,
25etc);

(b) section 25 (duties relating to plans);

(c) section 27(1), (4), (4A) and (5) (duty to review plans, etc).

The reference in paragraph (c) to subsection (4A) of section 27 of CA 2014 is
to the subsection treated as inserted by regulation 11 of the Care and Support
30(Children’s Carers) Regulations 2015 (S.I. 2015/305).

Continuity of care and support when person moves

12 A local authority does not have to comply with any duties imposed by the
following provisions of CA 2014—

(a) section 37 (duties of notification, assessment, etc when a person
35moves);

(b) section 38 (case where assessments not complete on day of move).

13 (1) This paragraph applies where—

(a) paragraph 12 has had effect for any period (“the emergency period”),
and

(b) 40the emergency period has ended.

(2) Section 37 of CA 2014 has effect subject to the modifications in sub-
paragraphs (3) to (5).

(3) In subsections (1) and (2)—

(a) any reference to notifying a local authority that an adult intends to
45move to the area of that authority includes, in the case of an adult

who moved to the area of a local authority during the emergency
period, a reference to notifying that authority that the adult has
moved to that area, and

(b) where a local authority is notified that an adult has moved to the
authority’s area by virtue of paragraph (a), the condition in
5subsection (1)(c) or (as the case may be) (2)(c) is to be disregarded
(and accordingly the requirement imposed by subsection (4)(b) does
not apply).

(4) In subsection (3)—

(a) the reference to notifying a local authority that an adult intends to
10move out of accommodation but to remain in the authority’s area
includes, in the case of an adult who moved out of accommodation
in the area of a local authority during the emergency period, a
reference to notifying that authority that the adult has moved out of
the accommodation but has remained in that area, and

(b) 15where a local authority is notified that an adult has moved out of
accommodation by virtue of paragraph (a), the condition in
subsection (3)(c) is to be disregarded (and accordingly the
requirement imposed by subsection (4)(b) does not apply).

(5) In a case where subsection (4)(b) does not apply by virtue of sub-paragraph
20(3)(b) or (4)(b), subsection (5) has effect as if the reference to having received
the notification under subsection (4)(b) were omitted.

(6) The reference in section 38(1) of CA 2014 to the day of the intended move is,
in the case of an adult who moved as mentioned in section 37(1)(b), (2)(b) or
(3)(b) of that Act during the emergency period, to be read as a reference to
25the day on which that period ended.

Discharge of hospital patients with care and support needs

14 In Schedule 3 to CA 2014 (discharge of hospital patients with care and
support needs), paragraph 3 has effect as if for sub-paragraph (1) there were
substituted—

“(1) 30The relevant authority, having received an assessment notice,
must inform the NHS body responsible for the patient—

(a) whether the patient has needs for care and support,

(b) (where applicable) whether a carer has needs for support,

(c) which (if any) of those needs the authority plans to meet,
35and

(d) how the authority plans to meet those needs.”

Transition for children to adult care and support

15 A local authority does not have to comply with any duties imposed by—

(a) section 2A(2) to (4) or (6) of the Chronically Sick and Disabled
40Persons Act 1970 (welfare services: transition for children to adult
care and support), or

(b) section 17ZH(2) to (4) or (6) of the Children Act 1989 (section 17
services: transition for children to adult care and support).

Duties arising before commencement

16 (1) A provision of this Part of this Schedule that provides that a local authority
does not have to comply with a relevant duty, or modifies a relevant duty of
a local authority, applies in relation to duties arising before the
5commencement day as it applies in relation to duties arising on or after that
day.

(2) In sub-paragraph (1)—

• “the commencement day”, in relation to a provision of this Part of this
  Schedule, means—

  (a)

  10the day on which that provision comes into force, or

  (b)

  where on any day the operation of the provision is revived by
  regulations under section 74(3), that day;

• “relevant duty” means a duty under—

  (a)

  Part 1 of CA 2014,

  (b)

  15section 2A(2) to (4) or (6) of the Chronically Sick and Disabled
  Persons Act 1970, or

  (c)

  section 17ZH(2) to (4) or (6) of the Children Act 1989.

Period within which assessments may be carried out

17 (1) Sub-paragraph (2) applies where—

(a) 20any provision of paragraph 2 or 12 has had effect for any period, and

(b) that period has ended.

(2) In determining for the purposes of any proceedings whether a local
authority has complied with its duty to carry out a relevant assessment
within a reasonable period, a court must take into account (among other
25things) the following factors—

(a) the length of any period for which any provision of paragraph 2 or
12 had effect, and

(b) the number of relevant assessments which need to be carried out by
the local authority following the end of any such period.

(3) 30In this paragraph “relevant assessment” means—

(a) a needs assessment under section 9 of CA 2014;

(b) a carer’s assessment under section 10 of that Act;

(c) a determination under section 13(1) of that Act;

(d) an assessment under section 37(6) of that Act;

(e) 35a child’s needs assessment under section 58 of that Act;

(f) a child’s carer’s assessment under section 60 of that Act;

(g) a young carer’s assessment under section 63 of that Act.

Guidance

18 (1) The Secretary of State may issue guidance about how local authorities are to
40exercise functions under any of the following enactments in consequence of
the provision made by this Part of this Schedule—

(a) Part 1 of CA 2014;

(b) section 2 of the Chronically Sick and Disabled Persons Act 1970;

(c) section 17 of the Children Act 1989.

(2) A local authority must have regard to any guidance issued under this
paragraph.

(3) A local authority must comply with such guidance issued under this
paragraph as the Secretary of State directs.

(4) 5The Secretary of State—

(a) may from time to time revise any guidance issued under this
paragraph;

(b) may vary or revoke a direction made under sub-paragraph (3).

(5) A local authority may disregard any guidance under section 7 of the Local
10Authority Social Services Act 1970 or section 78 of CA 2014, so far as it is
inconsistent with guidance issued under this paragraph.

Part 2 Powers and duties of local authorities in Wales

Introductory

19 (1) 15In this Part of this Schedule “SSW(W)A 2014” means the Social Services and
Well-being (Wales) Act 2014 (anaw 4).

(2) Expressions used in this Part of this Schedule and in SSW(W)A 2014 have the
same meaning in this Part of this Schedule as in that Act.

Assessing needs for care and support

20 20A local authority does not have to comply with any duties imposed by—

(a) section 19 of SSW(W)A 2014 (duty to assess the needs of an adult for
care and support), or

(b) any regulations made under section 30 of that Act, so far as relating
to needs assessments under section 19;

25(and accordingly section 20 of that Act (refusal of a needs assessment for an
adult) does not apply).

21 In the case of any carer who is an adult, a local authority does not have to
comply with any duties imposed by—

(a) section 24 of SSW(W)A 2014 (duty to assess the needs of a carer for
30support), or

(b) any regulations made under section 30 of that Act, so far as relating
to needs assessments under section 24;

(and accordingly section 25 of that Act (refusal of a needs assessment for an
adult carer) does not apply).

22 (1) 35This paragraph applies in the case of any adult (including an adult who is a
carer).

(2) A local authority does not have to comply with any duties imposed by—

(a) section 32(1)(a) of SSW(W)A 2014 (determination of whether needs
meet the eligibility criteria),

(b) 40section 32(2)(b) of that Act (determination of charge), or

(c) any regulations made under subsection (3) of that section.

(3) The English language text of section 32 of SSW(W)A 2014 has effect as if in
subsection (1) there were omitted—

(a) in the opening words, the words “, on the basis of a needs
assessment,”, and

(b) 5in paragraph (b), the words “if the needs do not meet the eligibility
criteria,” and “nevertheless”.

(4) The Welsh language text of section 32 of SSW(W)A 2014 has effect as if in
subsection (1) there were omitted—

(a) in the opening words, the words “, ar sail asesiad o anghenion,”, and

(b) 10in paragraph (b), the words “os nad yw’r anghenion yn bodloni’r
meini prawf cymhwystra,” and “, serch hynny,”.

23 Nothing in paragraph 20, 21 or 22 prevents a local authority from carrying
out any assessment, or making any determination, it considers appropriate
for the purposes of exercising its functions under section 35 or 40 of
15SSW(W)A 2014 (as modified by paragraphs 26 and 27 of this Schedule).

24 (1) Sub-paragraph (2) applies where—

(a) paragraph 20, 21 or 22 has had effect for any period, and

(b) that period has ended.

(2) In determining for the purposes of any proceedings whether a local
20authority has complied with its duty to carry out a relevant assessment
within a reasonable period, a court must take into account (among other
things) the following factors—

(a) the length of any period for which paragraph 20, 21 or 22 had effect,
and

(b) 25the number of relevant assessments which need to be carried out by
the local authority following the end of any such period.

(3) In this paragraph “relevant assessment” means—

(a) a needs assessment under section 19 of SSW(W)A 2014;

(b) a needs assessment under section 24 of that Act;

(c) 30a determination under section 32(1)(a) of that Act.

Duty to carry out financial assessment

25 (1) A local authority does not have to comply with the duty imposed by section
63(2) of SSW(W)A 2014 (duty to carry out a financial assessment).

(2) But a local authority may not impose a charge under section 59 of SSW(W)A
352014 for meeting any needs under section 35 or 40 of that Act during any
period for which paragraph 26 or (as the case may be) 27 applies without
having carried out an assessment under section 63(2) of that Act.

Duties to meet needs for care and support

26 Section 35 of SSW(W)A 2014 (duty to meet care and support needs of an
40adult) has effect as if subsection (3)(a) were omitted.

27 Section 40 of SSW(W)A 2014 (duty to meet support needs of an adult carer)
has effect as if—

(a) in the English language text, for subsection (3) there were