Coronavirus Bill (HC Bill 122)

(4) The provisions are—

(a) section 6 of the 2016 Act (duty to prepare adult carer support plan);

(b) regulation 2(1) of the 2018 Regulations (identification of adult carer’s
outcomes and needs for support);

(c) 5section 12 of the 2016 Act (duty to prepare young carer statement);

(d) regulation 3(1) of the 2018 Regulations (identification of young carer’s
outcomes and needs for support);

(e) section 1 of the 2013 Act, insofar as it relates to Part 2 or 3 of the 2016
Act.

(5) 10Subsection (6) applies where, in reliance on subsection (4), a local authority
does not comply with regulation 2(1) or 3(1) of the 2018 Regulations in relation
to a person.

(6) Section 24 of the 2016 Act applies in relation to the person as if any reference in
that section to a person’s identified needs were a reference to the person’s
15needs for support in order to enable the person to provide or continue to
provide care for a cared-for person.

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

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

(b) 20to do so would cause unnecessary delay in providing services to any
child under section 22(1) of the 1995 Act (promotion of welfare of
children in need).

(8) The provisions are—

(a) section 23(3) of the 1995 Act (duty to assess needs of child affected by
25disability);

(b) section 1 of the 2013 Act, insofar as it relates to section 22 or 23 of the
1995 Act.

(9) A local authority need not comply with section 29(5) of the 1995 Act (duty to
assess needs of person who was looked after by the authority) to the extent that
30the 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 advice, guidance
or assistance to any person under section 29(1) or (5A) of the 1995 Act
(after care for person who was looked after by the authority).

(10) 35Subsection (11) applies where, in reliance on subsection (9), a local authority
does not carry out an assessment under section 29(5) of the 1995 Act in relation
to a person who has made an application to the authority under section 29(2)
of that Act.

(11) Section 29(5A) of the 1995 Act applies in relation to the person as if the
40authority had carried out the assessment.

(12) Subsection (1), (3), (7) or (9) applies in relation to a duty arising before the
commencement day as it applies in relation to a duty arising on or after that
day.

(13) In subsection (12), “the commencement day”, in relation to a subsection,
45means—

(a) the day on which the 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.

(14) In this section and section 16—

• “1968 Act” means the Social Work (Scotland) Act 1968;

• 5“1995 Act” means the Children (Scotland) Act 1995;

• “2013 Act” means the Social Care (Self-directed Support) (Scotland) Act
  2013 (asp 1);

• “2016 Act” means the Carers (Scotland) Act 2016 (asp 9);

• “2018 Regulations” means the Carers (Scotland) Act 2016 (Adult Carers
  10and Young Carers: Identification of Outcomes and Needs for Support)
  Regulations 2018 (S.S.I. 2018/109);

• “cared-for person” is to be construed in accordance with section 1(1) of the
  2016 Act;

• “community care services” has the meaning given by section 12A(8) of the
  151968 Act;

• “local authority” means a council constituted under section 2 of the Local
  Government etc. (Scotland) Act 1994.

16 Section 15: further provision

(1) The Scottish Ministers may issue guidance to local authorities about the
20exercise of their functions under the following provisions in consequence of
section 15—

(a) Part 2 of the 1968 Act;

(b) sections 22, 23 and 29 of the 1995 Act;

(c) sections 25, 26 and 27 of the Mental Health (Care and Treatment)
25(Scotland) Act 2003 (asp 13);

(d) section 1 of the 2013 Act;

(e) Parts 2 and 3 of the 2016 Act.

(2) A local authority—

(a) must have regard to any guidance issued under subsection (1);

(b) 30must comply with such guidance issued under subsection (1) as the
Scottish Ministers direct;

(c) may disregard, so far as it is inconsistent with guidance issued under
subsection (1)—

(i) any guidance issued under section 5(1) of the 1968 Act;

(ii) 35a code of practice published under section 274(1) of the Mental
Health (Care and Treatment) (Scotland) Act 2003.

(3) The Scottish Ministers may—

(a) from time to time revise any guidance issued under subsection (1);

(b) vary or revoke a direction made under subsection (2)(b).

(4) 40A local authority must not recover a charge under section 87 of the 1968 Act
for—

(a) community care services provided to a person if, in reliance on section
15(1), the authority did not—

(i) comply with section 12A of the 1968 Act before providing the
45services, or

(ii) comply with section 1 of the 2013 Act in relation to the services;

(b) services provided to a child under section 22(1) of the 1995 Act if, in
reliance on section 15(7), the authority did not—

(i) where the services were provided following a request being
made to the authority in relation to the child under section 23(3)
5of the 1995 Act, assess the child’s needs for the services before
providing them, or

(ii) comply with section 1 of the 2013 Act in relation to the services;

(c) advice, guidance or assistance provided to a person under section 29(1)
or (5A) of the 1995 Act if, in reliance on section 15(9), the local authority
10did not carry out an assessment of the person’s needs under section
29(5) of that Act before providing the advice, guidance or assistance.

(5) For the purposes of subsection (4), a local authority did not—

(a) comply with a provision if it only partially complied with the
provision;

(b) 15carry out an assessment if it only partially carried out the assessment.

(6) Nothing in subsection (4) prevents a local authority from recovering charges
if—

(a) the authority provides—

(i) services in the circumstances described in paragraph (a) or (b)
20of subsection (4), or

(ii) advice, guidance or assistance in the circumstances described in
paragraph (c) of that subsection,

(b) the authority subsequently complies with the provisions mentioned in
paragraph (a), (b) or (c) of that subsection (as the case may be) in
25relation to the services or the advice, guidance or assistance, and

(c) the charges relate only to the period after the authority so complies.

(7) Subsection (8) applies where—

(a) a local authority provides accommodation to a person under Part 2 of
the 1968 Act in the circumstances described in paragraph (a) of
30subsection (4),

(b) the authority subsequently complies with the provisions mentioned in
that paragraph in relation to the provision of the accommodation, and

(c) after it complies with those provisions, the authority continues to
provide the accommodation to the person.

(8) 35Despite subsections (4)(a) and (6), the authority may recover charges for the
provision of the accommodation for any period—

(a) before the authority complied with the provisions mentioned in
subsection (4)(a), and

(b) during which the person was a permanent resident.

(9) 40For the purposes of subsection (8), a person is a permanent resident if the
person is expected to be provided with accommodation by the authority for a
period of more than 52 weeks.

(10) Subsection (11) applies where—

(a) any provision of section 15 has had effect for a period, and

(b) 45that period has ended.

(11) In determining for the purposes of any proceedings whether a local authority
has complied with any 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 any provision of section 15 had
effect, and

(b) the number of relevant assessments which need to be carried out by the
5local authority following the end of any such period.

(12) In subsection (11), “relevant assessment” means—

(a) an assessment under—

(i) section 12A(1)(a) of the 1968 Act;

(ii) section 23(3) of the 1995 Act;

(iii) 10section 29(5) of the 1995 Act;

(b) the preparation of—

(i) an adult carer support plan under section 6 of the 2016 Act;

(ii) a young carer statement under section 12 of the 2016 Act.

Registration of deaths and still-births etc

17 15Registration of deaths and still-births etc

(1) Part 1 of Schedule 12 contains temporary modifications of legislation relating
to the registration of deaths and still-births in England and Wales, and related
provision.

(2) Part 2 of Schedule 12 contains temporary modifications of legislation relating
20to the registration of deaths and still-births in Scotland, and related provision.

(3) Part 3 of Schedule 12 contains temporary modifications of legislation relating
to the registration of deaths and still-births in Northern Ireland, and related
provision.

18 Confirmatory medical certificate not required for cremations: England and
25Wales

(1) Regulation 16 of the Cremation (England and Wales) Regulations 2008 (S.I.
2008/2841) (which sets out preconditions for the cremation of the remains of a
deceased person) has effect as if paragraph (1)(c)(i) did not require a
confirmatory medical certificate to be given in accordance with regulation
3017(2) of the Regulations.

(2) In relation to a case where regulation 16 has effect as mentioned in subsection
(1), the Cremation (England and Wales) Regulations 2008 have effect with the
following modifications.

(3) Regulation 2(1) (interpretation) has effect as if for the definition of “medical
35certificate” and “confirmatory medical certificate” there were substituted—

• “““medical certificate” is a reference to the certificate so named
  given in accordance with regulation 17(1);”.

(4) Regulation 12 (supplementary powers of medical referee) has effect as if sub-
paragraph (a) were omitted.

(5) 40Regulation 14(2)(b)(i) (forms) has effect as if the words “the confirmatory
medical certificate,” were omitted.

(6) Regulation 17 (medical certificate and confirmatory medical certificate) has
effect as if—

(a) in the heading the words “and confirmatory medical certificate” were
omitted, and

(b) 5paragraphs (2) to (4) were omitted.

(7) Regulation 22 (right to inspect medical certificate and confirmatory medical
certificate) has effect as if—

(a) in the heading the words “and confirmatory medical certificate” were
omitted,

(b) 10in paragraph (1)(a)(i) the words “and confirmatory medical certificate”
were omitted,

(c) in paragraph (1)(a)(ii) for “those certificates” there were substituted
“that certificate”,

(d) in paragraph (2) the words “and confirmatory medical certificate” were
15omitted and for “those certificates” there were substituted “that
certificate”,

(e) in paragraph (3)(a) the words “and confirmatory medical certificate”
were omitted, and

(f) in paragraph (3)(b) for “such a” there were substituted “the”.

(8) 20Regulation 23 (authorisation of cremation of the remains of a deceased person
by medical referee) has effect as if—

(a) in paragraph (1)(d)(ii) for “certificates have” there were substituted “a
certificate has”,

(b) in paragraph (2) the words “and confirmatory medical certificate” were
25omitted.

(9) Regulation 24(4)(b) (medical referee not satisfied about the cause of death of
the deceased person) has effect as if the words “or confirmatory medical
certificate” were omitted.

(10) Regulation 33(2)(k) (register kept by registrar) has effect as if the words “and
30confirmatory medical certificate” were omitted.

(11) At the end of a period for which this section has effect, it continues to apply in
relation to the cremation of the remains of a person who died during that
period but whose remains have not been cremated unless, at the end of that
period, a medical certificate has not been completed in relation to the deceased
35person for the purposes of regulation 16(1)(c)(i) of the Cremation (England and
Wales) Regulations 2008.

19 Review of cause of death certificates and cremations: Scotland

(1) Part 1 of Schedule 13 contains temporary modifications of legislation relating
to the review of medical certificates of cause of death in Scotland, and related
40provision.

(2) Part 2 of Schedule 13 contains temporary modifications of legislation relating
to cremation in Scotland, and related provision.

20 Modifications of requirements regarding medical certificates for cremations:
Northern Ireland

(1) The Cremation (Belfast) Regulations (Northern Ireland) 1961 (S.R. @AMP@amp; O. (N.I.)
1961 No. 61) have effect with the following modifications.

(2) 5Regulation 10 (conditions to be met for cremations) has effect as if for
paragraph (a) there were substituted—

“(a) a certificate in Form B in the Schedule has been given by a
registered medical practitioner who can certify definitely as to
the cause of death; or”.

(3) 10Regulation 12 (Medical Referee’s power to give certificates in Forms C and D)
has effect as if the words “if he has personally investigated the cause of death
to give a certificate in Form C, and” were omitted.

(4) In regulation 13 (duties of the Medical Referee)—

(a) paragraph (e) has effect as if the reference to “the medical certificates”
15did not include the confirmatory medical certificate (Form C);

(b) paragraph (f) has effect as if—

(i) the words “for which he had been seen and treated by a
registered medical practitioner within twenty-eight days prior
to his death” were omitted;

(ii) 20the reference to “the certificates” did not include the
confirmatory medical certificate (Form C).

(5) Form A in the Schedule (application for cremation) has effect as if, at question
8(e), the words “for which he or she had been seen and treated by a registered
medical practitioner within twenty-eight days prior to death” were omitted.

(6) 25Form B in the Schedule (certificate by registered medical practitioner) has
effect as if—

(a) in the paragraph above question 1, the words “attended the deceased
during his or her last illness and within twenty-eight days before death,
and” were omitted;

(b) 30in question 7, at the beginning there were inserted “If you saw the
deceased alive,”;

(c) in question 16(e), the words “for which he or she had been seen and
treated by a registered medical practitioner within twenty-eight days
prior to death” were omitted;

(d) 35in the certification after question 20, the words “for which he had been
seen and treated by me within twenty-eight days prior to death” were
omitted;

(e) in the Note at the end, for “the medical practitioner who is to give the
confirmatory medical certificate on Form C” there were substituted
40“the Medical Referee”.

(7) At the end of a period for which this section has effect, it continues to apply in
relation to the cremation of the remains of a person who died during that
period but whose remains have not been cremated unless, at the end of that
period, a certificate in Form B in the Schedule to the Cremation (Belfast)
45Regulations 1961 has not been completed in relation to the deceased person for
the purposes of regulation 10(a) of those Regulations.

Investigatory powers

21 Appointment of temporary Judicial Commissioners

(1) The power in subsection (2) is exercisable if the Investigatory Powers
Commissioner notifies the Secretary of State—

(a) 5that, as a result of the effects of coronavirus, there is a shortage of
persons able to carry out functions conferred on Judicial
Commissioners by—

(i) the Police Act 1997 (“the 1997 Act”),

(ii) the Regulation of Investigatory Powers Act 2000 and the
10Regulation of Investigatory Powers (Scotland) Act 2000 (asp 11)
(“the 2000 Acts”), and

(iii) the Investigatory Powers Act 2016 (“the 2016 Act”), and

(b) that in the Commissioner’s opinion the power needs to be exercised in
order to deal with that shortage.

(2) 15The Secretary of State may by regulations made by statutory instrument
provide for the Investigatory Powers Commissioner to be able to appoint
persons to carry out functions conferred on Judicial Commissioners by the
1997 Act, the 2000 Acts and the 2016 Act.

A person so appointed is referred to in this section as a “temporary
20Commissioner”.

(3) The regulations must provide that a temporary Commissioner may be
appointed for one or more terms not exceeding six months each and not
exceeding 12 months in total.

(4) The regulations may—

(a) 25provide for the 1997 Act, the 2000 Acts and the 2016 Act to apply in
relation to temporary Commissioners with specified omissions or other
modifications;

(b) make consequential, supplementary or transitional provision.

(5) The regulations need not reproduce the effect of section 227(4) to (6) of the 2016
30Act (requirements for recommendations, consultation etc).

But they must require the Investigatory Powers Commissioner to notify the
following persons of any appointment made under the regulations—

(a) the Prime Minister;

(b) the Secretary of State;

(c) 35the Lord Chancellor;

(d) the Lord Chief Justice of England and Wales;

(e) the Lord President of the Court of Session;

(f) the Lord Chief Justice of Northern Ireland.

(6) Subject to any provision made under subsection (4), a reference to a Judicial
40Commissioner in the 1997 Act, the 2000 Acts or the 2016 Act is to be read (so far
as the context allows) as referring also to a temporary Commissioner.

(7) The regulations must provide for them to cease to have effect at the end of the
period of 12 months beginning with the day on which they come into force.

(8) A person’s appointment as a temporary Commissioner comes to an end (if it
45has not already done so) when the regulations cease to have effect.

(9) A statutory instrument containing regulations under this section is subject to
annulment in pursuance of a resolution of either House of Parliament.

(10) In this section “Investigatory Powers Commissioner” has the meaning given in
section 263(1) of the 2016 Act.

22 5Time limits in relation to urgent warrants etc under Investigatory Powers Act

(1) The power in subsection (2) is exercisable if the Investigatory Powers
Commissioner notifies the Secretary of State that, in the Commissioner’s
opinion, the power needs to be exercised in response to the effects that
coronavirus is having, or is likely to have, on the capacity of Judicial
10Commissioners to carry out their functions.

(2) The Secretary of State may by regulations made by statutory instrument
modify the Investigatory Powers Act 2016 so as to alter, for the purposes of any
of the specified provisions of that Act (see subsection (3)), the length of a period
referred to in that Act as “the relevant period”.

(3) 15The specified provisions are—

(a) sections 24(3), 109(3), 180(3) and 209(3) (period within which Judicial
Commissioner must decide whether to approve decision to issue
urgent warrant);

(b) sections 32(2)(a), 116(2)(a), 184(2)(a) and 213(2)(a) (period at end of
20which urgent warrant ceases to have effect);

(c) sections 33(5)(a), 117(5)(a), 185(3)(a) and 214(3)(a) (period during which
urgent warrant may be renewed);

(d) sections 38(5), 122(5), 124(3), 147(3), 166(3), 188(3) and 217(3) (period
within which Judicial Commissioner or other appropriate person must
25decide whether to approve decision to make urgent modification of
warrant).

(4) A modification made by the regulations may not increase the length of a period
so that it ends after the 12th working day after the day on which the warrant
was issued or, as the case may be, the modification was made.

(5) 30The regulations may make consequential, supplementary or transitional
provision.

(6) The regulations must provide for them to cease to have effect at the end of the
period of 12 months beginning with the day on which they come into force.

(7) A statutory instrument containing regulations under this section is subject to
35annulment in pursuance of a resolution of either House of Parliament.

(8) In this section—

• “Investigatory Powers Commissioner” has the meaning given in section
  263(1) of the Investigatory Powers Act 2016;

• “Judicial Commissioner” has the meaning given in that section and also
  40includes a person appointed under regulations made under section 21.

Food supply

23 Power to require information relating to food supply chains

(1) An appropriate authority may, subject as follows, require—

(a) a person who is in a food supply chain, or

(b) a person who is closely connected with a food supply chain,

to provide relevant information to the authority.

(2) In subsection (1) “relevant information” means information about matters
5which relate to an activity of the person, where the activity is connected with
the food supply chain mentioned in that subsection.

(3) An appropriate authority may require a person to provide information under
this section only if the conditions in subsections (4) and (5) are met.

(4) The condition in this subsection is that the appropriate authority considers that
10the provision of the information is necessary (on its own or when put together
with other information) for the purpose of establishing—

(a) whether the whole or part of a food supply chain is being disrupted or
is at risk of disruption, or

(b) where a food supply chain is in the view of the appropriate authority
15being disrupted or at risk of disruption, the nature of the disruption.

(5) The condition in this subsection is that the appropriate authority has
previously requested the person to provide the information (before or after the
passing of this Act) and the person—

(a) has not done so, or

(b) 20has provided information that is false or misleading to a material
extent.

(6) A requirement under this section may not be imposed on an individual.

(7) A requirement under this section must be in writing and must specify—

(a) how the information is to be provided (and may in particular specify
25the form in which and means by which it is to be provided), and

(b) when the information is to be provided (and may in particular specify
the time or times at or before which it is to be provided).

24 Authorities which may require information

(1) The following are appropriate authorities in relation to a requirement under
30section 23—

(a) the Secretary of State,

(b) the Scottish Ministers,

(c) the Welsh Ministers, and

(d) the Department of Agriculture, Environment and Rural Affairs in
35Northern Ireland (“DAERA”).

(2) The Scottish Ministers may impose a requirement under section 23 only if, and
to the extent that, an Act of the Scottish Parliament could have authorised the
Scottish Ministers to impose the requirement.

(3) The Welsh Ministers may impose a requirement under section 23 only if, and
40to the extent that, provision of an Act of the National Assembly for Wales could
have authorised the Welsh Ministers to impose the requirement (including any
provision of such an Act that could only be made with the consent of a Minister
of the Crown within the meaning of the Ministers of the Crown Act 1975).

(4) DAERA may impose a requirement under section 23 only if, and to the extent
that, an Act of the Northern Ireland Assembly made without the Secretary of
State’s consent could have authorised DAERA to impose the requirement.

(5) The Secretary of State may not impose a requirement under section 23 without
5the consent of an authority referred to in subsection (1)(b) to (d) (a “devolved
authority”) if, and to the extent that, that authority could itself have imposed
the requirement.

(6) Subsection (5) does not require the consent of a devolved authority to the
extent that the activity to which the requirement relates is carried on outside
10the area of that authority.

(7) Where the Secretary of State imposes a requirement under section 23 with the
consent of a devolved authority, the Secretary of State must disclose to that
authority any information which—

(a) is provided in response to the requirement, and

(b) 15relates to the carrying on in the devolved authority’s area of the activity
to which the requirement relates.

(8) For the purposes of this section—

(a) the Scottish Ministers’ area is Scotland,

(b) the Welsh Ministers’ area is Wales, and

(c) 20DAERA’s area is Northern Ireland.

25 Restrictions on use and disclosure of information

(1) A person who holds information which has at any time been provided under
section 23 may use it if, and only if, the use is for—

(a) the purpose referred to in section 23(4),

(b) 25the purpose of mitigating or eliminating the effects of disruption to a
food supply chain, or

(c) the purpose of preventing or reducing the risk of future disruption to a
food supply chain.

(2) A person who holds information which has at any time been provided under
30section 23 (“the holder”) may disclose it to another person (“the recipient”) if,
and only if—

(a) the disclosure is for a purpose specified in subsection (1)(a) to (c),

(b) in a case where the holder is not a government authority, the disclosure
is in accordance with the terms on which the information was disclosed
35to that person, and

(c) in a case where the recipient is not a government authority, the
information is anonymised.

(3) Subsection (2) does not apply where the disclosure of information is required
by section 24(7).

(4) 40A disclosure made in accordance with this Act does not breach any obligation
of confidence owed by the person making the disclosure or any other
restriction on the disclosure of information (however imposed).

(5) Personal data may not be used or disclosed under this section if the use or
disclosure would contravene the data protection legislation (but in
45determining whether it would do so, take into account the powers conferred
by subsections (1) and (2)).