Health and Social Care Bill

AMENDMENTS
TO BE MOVED
IN COMMITTEE
[Supplementary to the Eleventh Marshalled List]

Clause 82

EARL HOWE

280A*

Page 102, line 16, leave out first “a” and insert “any”

281B*

Page 102, line 41, leave out subsection (8) and insert—

“( ) Where an exemption is granted the Secretary of State—

(a) if the exemption is granted to a prescribed person, must give notice of it to that person, and

(b) must publish the exemption.”

Clause 138

EARL HOWE

295DA*

Page 141, line 19, after “each” insert “potentially liable”

295EA*

Page 141, line 34, at end insert—

“( ) In this section and section 139 a “potentially liable provider” means a provider on whom Monitor is proposing to impose the levy for the coming financial year (regardless of the amount (if any) that the provider would be liable to pay as a result of the proposal).”

Clause 139

EARL HOWE

295EB*

Page 141, line 36, after “more” insert “potentially liable”

295EC*

Page 141, line 42, after “more” insert “potentially liable”

295ED*

Page 142, line 5, after first “the” insert “potentially liable”

295EE*

Page 142, line 7, after first “the” insert “potentially liable”

295EF*

Page 142, line 35, after first “the” insert “potentially liable”

295EG*

Page 142, line 38, after first “the” insert “potentially liable”

After Clause 147

BARONESS GREENGROSS

[In substitution for Amendment 280]

295G*

Insert the following new Clause—

“Human Rights Act 1998: provision of certain personal care and health care services to be public function

(1) A person who is commissioned to provide—

(a) personal care to an individual living in their own home, or

(b) a health care service

shall be taken to be exercising a function of a public nature in providing such a service.

(2) In subsection (1)(a) “personal care” has the same meaning as in Schedule 1 Paragraph 1 (3) Health and Social Care Act 2008 (Regulated Activities) Regulations 2010.

(3) In subsection (1)(a) and (b) “functions of a public nature” has the same meaning as in section 6(3) of the Human Rights Act 1998 (acts of public authorities.”

Prepared 7th December 2011