Coronavirus Bill (HC Bill 122)

Part 1 Main provisions

Interpretation

1 Meaning of “coronavirus” and related terminology

(1) 5In this Act—

• “coronavirus” means severe acute respiratory syndrome coronavirus 2
  (SARS-CoV-2);

• “coronavirus disease” means COVID-19 (the official designation of the
  disease which can be caused by coronavirus).

(2) 10A reference in this Act to infection or contamination, however expressed, is a
reference to infection or contamination with coronavirus.

(3) But a reference in this Act to persons infected by coronavirus, however
expressed, does not (unless a contrary intention appears) include persons who
have been infected but are clear of coronavirus (unless re-infected).

15Emergency registration of health professionals

2 Emergency registration of nurses and other health and care professionals

Schedule 1 contains temporary modifications of—

(a) the Nursing and Midwifery Order 2001 (S.I. 2002/253), and

(b) the Health Professions Order 2001 (S.I. 2002/254).

3 Emergency arrangements concerning medical practitioners: Scotland

Schedule 2 contains temporary modifications of—

(a) the National Health Service (Primary Medical Services Performers
Lists) (Scotland) Regulations 2004 (S.S.I. 2004/114),

(b) 5the National Health Service (General Medical Services Contracts
(Scotland) Regulations 2018 (S.S.I. 2018/66), and

(c) the National Health Service (Primary Medical Services Section 17C
Arrangements) (Scotland) Regulations 2018 (S.S.I. 2018/67).

4 Emergency registration of and extension of prescribing powers for
10pharmaceutical chemists: Northern Ireland

Schedule 3 contains temporary modifications of the Pharmacy (Northern
Ireland) Order 1976 (S.I. 1976/1213 (N.I. 22)).

Temporary registration of social workers

5 Emergency registration of social workers

15Schedule 4 contains temporary modifications of—

(a) the Social Workers Regulations 2018, and

(b) the Regulation and Inspection of Social Care (Wales) Act 2016.

6 Temporary registration of social workers: Scotland

Schedule 5 contains temporary modifications of—

(a) 20the Regulation of Care (Scotland) Act 2001 (asp 8), and

(b) the Registration of Social Workers and Social Service Workers in Care
Services (Scotland) Regulations 2013 (S.S.I 2013/227).

Emergency volunteers

7 Emergency volunteering leave

25Schedule 6 makes provision for emergency volunteering leave.

8 Compensation for emergency volunteers

(1) The Secretary of State must make arrangements for making payments to emergency
volunteers by way of compensation—

(a) for loss of earnings;

(b) 30for travelling and subsistence.

(2) A person is entitled, in respect of acting as an emergency volunteer, to receive
payments by way of compensation in accordance with arrangements made
under this section.

(3) But a person is entitled to receive payments by way of compensation for loss of
35earnings only if, in consequence of acting as an emergency volunteer, the
person has suffered a loss of earnings that the person would otherwise not
have suffered.

(4) The arrangements made under subsection (1) may include—

(a) conditions that a person must satisfy in order to be entitled to receive
payment by way of compensation;

(b) different provision for different cases;

(c) 5provision about the procedure for making a claim;

(d) provision about how the amount a person is entitled to claim is to be
determined;

(e) provision about the manner in which payments are to be made by the
Secretary of State;

(f) 10provision specifying limits on the amount that a person is entitled to
claim.

(5) Sums required for the payment of compensation in accordance with this
section are to be provided by the Secretary of State out of money provided by
Parliament.

(6) 15The reference in subsection (1)(b) to payments by way of compensation for
subsistence includes a reference to vouchers and other benefits which may be
used to pay for subsistence, whether or not their use is subject to any
limitations.

(7) The Secretary of State must—

(a) 20publish arrangements made under this section in such manner as the
Secretary of State considers appropriate, and

(b) lay before Parliament a statement about arrangements made under this
section, as soon as reasonably practicable after they are made.

(8) In this section a person is an “emergency volunteer” if an appropriate authority
25certifies that the person—

(a) has been approved by the authority as an emergency volunteer in
health or social care, and

(b) has acted as an emergency volunteer in health or social care for a period
for which emergency volunteering leave could have been taken
30(whether or not the person is entitled to take, or actually took,
emergency volunteering leave).

(9) In this section “appropriate authority”, “emergency volunteering leave” and
“health or social care” have the same meaning as in Schedule 6 (see paragraphs
4 and 31 of that Schedule).

35Mental health and mental capacity

9 Temporary modification of mental health and mental capacity legislation

(1) Schedule 7 contains temporary modifications of the Mental Health Act 1983,
and related provision.

(2) Schedule 8 contains temporary modifications of the Mental Health (Care and
40Treatment) (Scotland) Act 2003, the Criminal Procedure (Scotland) Act 1995
and related subordinate legislation.

(3) Schedule 9 contains temporary modifications of the Mental Health (Northern
Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)), and related provision.

(4) Schedule 10 contains temporary modifications of the Mental Capacity Act
(Northern Ireland) 2016 (c. 18 (N.I.)), and related provision.

Health service indemnification

10 Indemnity for health service activity: England and Wales

(1) 5The appropriate authority may—

(a) indemnify a person in respect of a qualifying liability incurred by the person, or

(b) make arrangements for a person to be indemnified, in respect of a qualifying
liability incurred by the person, by an authorised person.

(2) References in this section to a qualifying liability are to a liability in tort, in
10respect of or consequent on death, personal injury or loss, arising out of or in
connection with a breach of a duty of care owed in connection with the
provision, after the coming into force of this section, of a relevant service.

(3) “Relevant service” means a service which is provided by a person as part of the
health service and which—

(a) 15relates to—

(i) caring for or treating a person who has, or is suspected of
having, coronavirus disease, whether or not in respect of that
disease,

(ii) caring for or treating a person (other than a person within sub-
20paragraph (i)) who has been, or is suspected of being, infected
or contaminated, in respect of that infection or contamination or
suspected infection or contamination, or

(iii) diagnosing or determining whether a person has been infected
or contaminated,

(b) 25relates to diagnosis, care or treatment and is provided in consequence
of another person who usually provides such a service (other than one
within paragraph (a)) as part of the health service being unable to do so
in consequence of providing a service within paragraph (a), or

(c) relates to diagnosis, care or treatment and is provided in consequence
30of another person who usually provides such a service as part of the
health service being unable to do so because of a reason relating to
coronavirus.

(4) In a case within subsection (1)(a), any question relating to—

(a) whether a person has incurred a qualifying liability, or

(b) 35the amount of any payment by virtue of subsection (1),

is to be determined by the appropriate authority.

(5) In a case within subsection (1)(b)—

(a) any question relating to whether a person has incurred a qualifying
liability is to be determined by the authorised person;

(b) 40any question relating to the amount of any payment by virtue of
subsection (1) is to be determined by the authorised person in
accordance with the arrangements.

(6) Subsection (1) does not apply where arrangements are already in place
(whether under an insurance policy or otherwise) for the person to be
45indemnified in respect of the liability.

(7) In this section—

• “the appropriate authority” means—

  (a)

  in relation to a relevant service provided as part of the English
  health service, the Secretary of State;

  (b)

  5in relation to a relevant service provided as part of the Welsh
  health service, the Welsh Ministers;

• “authorised person” means a person authorised by the appropriate
  authority;

• “the health service” means the English health service or the Welsh health
  10service;

• “the English health service” means the health service continued under
  section 1(1) of the National Health Service Act 2006;

• “the Welsh health service” means the health service continued under
  section 1(1) of the National Health Service (Wales) Act 2006.

11 15Indemnity for health service activity: Scotland

(1) The Scottish Ministers may—

(a) indemnify a person in respect of a qualifying liability incurred by the
person, or

(b) make arrangements for a person to be indemnified, in respect of a
20qualifying liability incurred by the person, by an authorised person.

(2) References in this section to a qualifying liability are to a liability in delict, in
respect of or consequent on death, personal injury or loss, arising out of or in
connection with a breach of a duty of care owed in connection with the
provision, after the coming into force of this section, of a relevant service.

(3) 25“Relevant service” means a service which is provided by a person as part of the
health service and which—

(a) relates to—

(i) caring for or treating a person who has, or is suspected of
having, coronavirus disease, whether or not in respect of that
30disease,

(ii) caring for or treating a person (other than a person within sub-
paragraph (i)) who has been, or is suspected of being, infected
or contaminated, in respect of that infection or contamination or
suspected infection or contamination, or

(iii) 35diagnosing or determining whether a person has been infected
or contaminated,

(b) relates to diagnosis, care or treatment and is provided in consequence
of another person who usually provides such a service (other than one
within paragraph (a)) as part of the health service being unable to do so
40in consequence of providing a service within paragraph (a), or

(c) relates to diagnosis, care or treatment and is provided in consequence
of another person who usually provides such a service as part of the
health service being unable to do so because of a reason relating to
coronavirus.

(4) 45In a case within subsection (1)(a), any question relating to—

(a) whether a person has incurred a qualifying liability, or

(b) the amount of any payment by virtue of subsection (1),

is to be determined by the Scottish Ministers.

(5) In a case within subsection (1)(b)—

(a) any question relating to whether a person has incurred a qualifying
liability is to be determined by the authorised person;

(b) any question relating to the amount of any payment by virtue of
5subsection (1) is to be determined by the authorised person in
accordance with the arrangements.

(6) Subsection (1) does not apply where or to the extent that arrangements are
already in place (whether under an insurance policy or otherwise) for the
person to be indemnified in respect of the liability.

(7) 10In this section—

• “authorised person” means a person authorised by the Scottish Ministers;

• “the health service” means the health service continued under section 1(1)
  of the National Health Service (Scotland) Act 1978.

12 Indemnity for health and social care activity: Northern Ireland

(1) 15The Department of Health may—

(a) indemnify a person in respect of a qualifying liability incurred by the
person, or

(b) make arrangements for a person to be indemnified, in respect of a
qualifying liability incurred by the person, by an authorised person.

(2) 20References in this section to a qualifying liability are to a liability in tort, in
respect of or consequent on death, personal injury or loss, arising out of or in
connection with a breach of a duty of care owed in connection with the
provision, after the coming into force of this section, of a relevant service.

(3) “Relevant service” means a service which is provided by a person as part of the
25system of health and social care and which—

(a) relates to—

(i) caring for or treating a person who has, or is suspected of
having, coronavirus disease, whether or not in respect of that
disease,

(ii) 30caring for or treating a person (other than a person within sub-
paragraph (i)) who has been, or is suspected of being, infected
or contaminated, in respect of that infection or contamination or
suspected infection or contamination, or

(iii) diagnosing or determining whether a person has been infected
35or contaminated,

(b) relates to diagnosis, care or treatment and is provided in consequence
of another person who usually provides such a service (other than one
within paragraph (a)) as part of the system of health and social care
being unable to do so in consequence of providing a service within
40paragraph (a), or

(c) relates to diagnosis, care or treatment and is provided in consequence
of another person who usually provides such a service as part of the
system of health and social care being unable to do so because of a
reason relating to coronavirus.

(4) 45In a case within subsection (1)(a), any question relating to—

(a) whether a person has incurred a qualifying liability, or

(b) the amount of any payment by virtue of subsection (1),

is to be determined by the Department of Health.

(5) In a case within subsection (1)(b)—

(a) any question relating to whether a person has incurred a qualifying
liability is to be determined by the authorised person;

(b) 5any question relating to the amount of any payment by virtue of
subsection (1) is to be determined by the authorised person in
accordance with the arrangements.

(6) Subsection (1) does not apply where arrangements are already in place
(whether under an insurance policy or otherwise) for the person to be
10indemnified in respect of the liability.

(7) In this section—

• “authorised person” means a person authorised by the Department of
  Health;

• “the Department of Health” means the Department of Health in Northern
  15Ireland;

• “the system of health and social care” means the system promoted under
  section 2(1) of the Health and Social Care (Reform) Act (Northern
  Ireland) 2009.

NHS and local authority care and support

13 20NHS Continuing Healthcare assessments: England

(1) A relevant body does not have to comply with—

(a) the duty imposed by regulation 21(2)(a) of the 2012 Regulations
(assessment of eligibility for NHS Continuing Healthcare), or

(b) the duty imposed by regulation 21(12) of those Regulations (duty to
25have regard to National Framework), so far as relating to the duty
referred to in paragraph (a).

(2) Accordingly, regulation 28 of the 2012 Regulations (assessment of need for
nursing care) applies only if a relevant body chooses to comply with the duty
imposed by regulation 21(2)(a) of those Regulations.

(3) 30If, despite subsection (1)(a), an assessment of eligibility for NHS Continuing
Healthcare is nevertheless carried out as mentioned in regulation 21(2)(a) of
the 2012 Regulations, the relevant body must comply with the duty imposed
by regulation 21(3) of those Regulations (duty to ensure assessment is carried
out before certain other steps are taken).

(4) 35An NHS Trust does not have to comply with—

(a) the duty imposed by direction 2(2) of the 2013 Directions (assessment
of eligibility for NHS Continuing Healthcare), or

(b) the duty imposed by direction 2(10) of those Directions (duty to have
regard to National Framework), so far as relating to the duty referred
40to in paragraph (a).

(5) If, despite subsection (4)(a), an assessment of eligibility for NHS Continuing
Healthcare is nevertheless carried out as mentioned in direction 2(2) of the 2013
Directions, the NHS trust must take reasonable steps to ensure that it is carried
out before the NHS trust gives notice as mentioned in direction 2(1) of those
45Directions.

(6) Subsections (1) and (4) apply in relation to duties arising before the
commencement day as they apply in relation to duties arising on or after that
day.

(7) In subsection (6) “the commencement day”, in relation to subsection (1) or (4),
5means—

(a) the day on which that subsection comes into force, or

(b) where on any day the operation of the subsection is revived by
regulations under section 74(3), that day.

(8) Regulation 3 of the Care and Support (Discharge of Hospital Patients)
10Regulations 2014 (S.I. 2014/2823) (contents of assessment notice under
paragraph 1(1) of Schedule 3 to the Care Act 2014) has effect as if paragraph
(1)(f)(ii) were omitted.

(9) In this section—

• “the 2012 Regulations” means the National Health Service
  15Commissioning Board and Clinical Commissioning Groups
  (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/
  2996);

• “the 2013 Directions” means the Delayed Discharges (Continuing Care)
  Directions 2013;

• 20“NHS trust” means a National Health Service trust in England established
  under section 25 of the National Health Service Act 2006;

• “relevant body” means—

  (a)

  a clinical commissioning group established under section 14D
  of that Act, or

  (b)

  25the National Health Service Commissioning Board.

14 Local authority care and support

Schedule 11 contains provision modifying the powers and duties of local
authorities in England and Wales in relation to the provision of care and
support.

15 30Duty of local authority to assess needs: Scotland

(1) A local authority need not comply with a provision mentioned in subsection
(2) to the extent that the authority considers that—

(a) it would not be practical to comply with that provision, or

(b) to do so would cause unnecessary delay in providing community care
35services to any person.

(2) The provisions are—

(a) section 12A of the 1968 Act (duty of local authority to assess needs);

(b) section 1 of the 2013 Act (general principles regarding provision of
social care), insofar as it relates to Part 2 of the 1968 Act.

(3) 40A local authority need not comply with a provision mentioned in subsection
(4) to the extent that it considers that—

(a) it would not be practical to comply with that provision, or

(b) to do so would cause unnecessary delay in providing support to any
person under section 24 of the 2016 Act (duty to provide support).