Care Bill [HL]

Fourth
marshalled
list of Amendments
to be moved
in committee

The amendments have been marshalled in accordance with the Instruction of 22nd May 2013, as follows—

Clauses 80 to 82
Clauses 1 to 38
Schedule 1
Clauses 39 to 42
Schedule 2
Clauses 43 to 67
Schedule 3
Clause 68
Schedule 4
Clauses 69 to 73
Clauses 107 to 113

[Amendments marked * are new or have been altered]

Clause 80

LORD WARNER

BARONESS PITKEATHLEY

74

Page 67, line 19, at end insert “including their integration with other relevant
services”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD COLLINS OF HIGHBURY

74A

Page 67, line 27, at end insert—

“( )   that reviews and performance assessment will also apply to
commissioners of healthcare services, specifically Clinical
Commissioning Groups and NHS England;”

LORD WARNER

BARONESS PITKEATHLEY

75

Page 67, line 33, at end insert “including their integration with other relevant
services”

76

[Withdrawn]

BARONESS GREENGROSS

76ZZA

Page 68, line 7, at end insert—

“(c)   describing the manner in which it expects a registered
service provider or local authority to handle complaints and
concerns”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD COLLINS OF HIGHBURY

76ZA

Page 68, line 12, at end insert—

“( )   use an indicator to measure the adequacy of health and
wellbeing support for staff by registered service providers
in respect of regulated activities”

BARONESS GREENGROSS

76ZAA

Page 68, line 15, at end insert—

“( )   Indicators the Commission devises for the purposes of subsection
(5) may in particular include indicators of the quality of services
provided for the identification and treatment of incontinence.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD COLLINS OF HIGHBURY

76ZB

Page 68, line 29, at end insert—

“( )   Before the commencement of this section, a pilot of review and
performance assessments must be conducted in numbered regions
and for a fixed duration to be determined in regulations.

( )   The pilot shall be independently evaluated, with the evaluation
report laid before Parliament and approved by resolution of both
Houses of Parliament.”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 80
stand part of the Bill
.

Before Clause 81

76A

[Withdrawn]

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD COLLINS OF HIGHBURY

76B

Insert the following new Clause—

“Duty of candour

(1)   Every organisation registered with the Care Quality Commission to
provide health or social care services must be honest, open and truthful in
all their dealing with patients and the public.

(2)   Organisational interests of those so registered must never be allowed to
outweigh the duty to be honest, open and truthful.

(3)   Where death or serious harm has been or may have been caused to a patient
by an act or omission of the organisation or its staff, the patient (or any
lawfully entitled personal representative or other authorised person)
should be—

(a)   informed of the incident;

(b)   given full disclosure of the surrounding circumstances; and

(c)   be offered an appropriate level of support,

whether or not the patient or representative has asked for this
information.”

Clause 81

LORD WARNER

77

Page 69, line 2, at end insert—

“( )   Under the terms of registration, the Commission must require a care
provider to ensure that all personnel exercise a duty of candour in their
contacts with patients, service users and their families or representatives.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD COLLINS OF HIGHBURY

77A

Page 69, line 31, leave out subsection (6)

Before Clause 1

LORD BEST

LORD TOPE

77B

Insert the following new Clause—

“Funding

The provisions enshrining the new duties and responsibilities for local
authorities in Part 1 shall not come into force unless and until a
comprehensive and sustainable solution has been provided by the
Secretary of State to address the funding of existing care and support
commitments for local authorities and those arising from this legislation.”

Clause 1

LORD HUNT OF KINGS HEATH

78

Page 1, line 4, at end insert—

“( )   The Secretary of State, in making regulations or issuing guidelines under
this Part, must have regard to the general duty of local authorities in
exercising a function under this Part in the case of an individual to promote
that individual’s well-being.”

LORD BICHARD

BARONESS TYLER OF ENFIELD

78ZA*

Page 1, line 6, at end insert “and in particular to require that individuals are treated
with dignity and respect at all times”

BARONESS BARKER

LORD HUNT OF KINGS HEATH

78A

Page 1, line 9, after “health,” insert “spiritual and”

78B

Page 2, line 5, at end insert “including the individual’s beliefs, values and past
practices in respect of the individual’s care”

BARONESS GREENGROSS

78C

Page 2, line 7, after “support” insert “or need for health provision and the
importance of reducing needs of either kind that already exist,”

LORD HUNT OF KINGS HEATH

78D

Page 2, line 8, at end insert—

“( )   the need to ensure that decisions about the individual draw on
appropriate health expertise and take account of health factors
relevant to the individual’s circumstances;”

LORD BLACK OF BRENTWOOD

78E

Page 2, line 21, at end insert—

“( )   the positive contribution a companion animal does or could make
to an individual’s wellbeing;”

BARONESS PITKEATHLEY

78F

Page 2, line 25, at end insert—

“( )   For the purposes of this section, “an individual” includes the parents of
disabled children.”

LORD WARNER

BARONESS JOLLY

LORD MACKAY OF CLASHFERN

BARONESS PITKEATHLEY

79

Page 2, line 31, at end insert—

“( )   In exercising any function under this Part, the Secretary of State shall also
have regard to the principles of well-being for individuals in subsection
(2).”

Clause 2

LORD HUNT OF KINGS HEATH

LORD LOW OF DALSTON

79A

Page 2, line 32, at end insert—

“( )   The general duty of a local authority, in exercising a function under this
Part in the case of an individual, is to prevent, delay or reduce needs for
care and support.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

79B

Page 2, line 33, after “authority” insert “working in collaboration with relevant
partners”

BARONESS GREENGROSS

79C

Page 2, line 36, at end insert “and health provision”

LORD RIX

79D

Page 2, line 36, at end insert—

“( )   contribute towards preventing adults in its area experiencing, or
being put at risk of, abuse or neglect;”

BARONESS PITKEATHLEY

79E

Page 2, line 38, at end insert—

“( )   contribute towards preventing or delaying the development by
child carers’ caring for a disabled child in its area of needs for
support;”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

79F*

Page 2, line 38, at end insert—

“( )   contribute towards preventing or delaying the development by
children caring for an individual in its area of needs for support;”

BARONESS GREENGROSS

79G

Page 2, line 39, after “support” insert “and health provision”

BARONESS PITKEATHLEY

79H

Page 2, line 40, at end insert—

“( )   reduce the needs for support of child carers in its area”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

79J*

Page 2, line 40, at end insert—

“( )   reduce the needs for support of children for an individual in its
area”

BARONESS GREENGROSS

LORD LOW OF DALSTON

LORD HUNT OF KINGS HEATH

LORD TOUHIG

79K

Page 2, line 40, at end insert—

“( )   otherwise prevent or delay deterioration in the well-being of adults
in its area”

LORD PATEL

BARONESS ROYALL OF BLAISDON

79L

Page 3, line 1, leave out paragraph (c) and insert—

“(c)   working with each NHS body in the authority’s area to identify
carers with needs for support which are not being met (by the
authority or otherwise)”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

79M

Page 3, line 1, after “carers” insert “, both adult carers and individuals under the
age of 18 with caring responsibilities,”

LORD BEST

BARONESS WILKINS

80

Page 3, line 2, at end insert—

“( )   the importance of identifying housing options required to exercise
that duty”

BARONESS GREENGROSS

LORD LOW OF DALSTON

LORD HUNT OF KINGS HEATH

LORD TOUHIG

80A

Page 3, line 2, at end insert—

“(d)   the steps it could take to improve and enhance the provision of
services, facilities or resources in its area”

80B

Page 3, line 2, at end insert—

“(e)   clinical guidelines and quality standards produced by the National
Institute for Health and Clinical Excellence”

LORD LOW OF DALSTON

80C*

Page 3, line 29, at end insert—

“( )   In preparing an assessment or strategy under section 116 of the Local
Government and Public Involvement in Health Act 2007, a local authority
must have regard to subsections (1) to (8).”

Clause 3

LORD BEST

BARONESS WILKINS

81

Page 3, line 32, after first “provision” insert “and housing provision”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

81B

Page 3, line 41, at end insert—

“( )   In exercising its duties under this section, a local authority must have
regard to the relevant joint strategic needs assessments and joint health and
wellbeing strategies required under sections 116 and 116A of the Local
Government and Public Involvement in Health Act 2007.”

81C*

Page 3, line 41, at end insert—

“( )   NHS bodies must exercise their functions—

(a)   with a view to ensuring the integration of services for the purposes
of enhancing the health and well-being of people, in keeping with
the duty on Health and Wellbeing Boards enshrined in Section 195
of the Health and Social Care Act 2012; and

(b)   without hindering the efforts of a local authority to fulfill its duty
under subsection (1) above.”

82

[Withdrawn]

BARONESS BARKER

82A

Page 4, line 7, at end insert—

“(5)   The duty of a local authority to exercise its functions with a view to
ensuring the integration of care and support provision with health
provision and health-related provision shall not include the provision of
medical assessment or treatment of any kind contrary to the wishes of an
adult with capacity.”

Clause 4

BARONESS MEACHER

BARONESS GREENGROSS

82B

Page 4, line 9, leave out “and maintain” and insert “, maintain and facilitate access
to”

BARONESS GREENGROSS

83

Page 4, line 11, at end insert—

“( )   A local authority must only offer a financial product to pay for care to
people who have received regulated financial advice or are customers who
have opted out of taking regulated financial advice.”

BARONESS GALE

83ZA*

Page 4, line 18, at end insert—

“( )   how to access other relevant support including health and health
related provision,”

BARONESS GREENGROSS

83A

Page 4, leave out lines 19 to 21 and insert—

“(d)   the range of financial support and advice available independently
of the local authority that is likely to be relevant to adults who have
needs for care and support or are making plans for meeting needs
for care and support that might arise and, for all care self-funders,
a referral to regulated financial advice on matters related to paying
for their care,”

LORD LIPSEY

83B*

Page 4, line 19, leave out “how to access independent financial advice on matters”
and insert “subject to subsection (4A), how to access financial information and
regulated financial advice that is independent of the local authority and is”

83C

Page 4, line 19, after “access” insert “regulated”

BARONESS GREENGROSS

84

Page 4, line 19, leave out “independent financial” and insert “information and”

85

Page 4, line 21, after “arise,” insert “including mandatory regulated financial
advice for those taking out a care-related financial product,”

LORD BEST

BARONESS WILKINS

86

Page 4, line 23, at end insert—

“( )   available housing options, and the choice of providers, available in
the authority’s area”

BARONESS GALE

86A*

Page 4, line 23, at end insert—

“( )   the respective roles of care and support and health and health
related provision”

LORD LIPSEY

86B*

Page 4, line 23, at end insert—

“(f)   how to access independent advice regarding plans for meeting
needs for care and support”

BARONESS GREENGROSS

BARONESS MEACHER

86C

Page 4, line 23, at end insert—

“( )   The local authority must produce, or arrange for the production of, packs
of information relevant to the needs of individuals with specific medical
conditions and ensure these packs are provided to individuals following
the diagnosis of a specific condition.”

LORD LIPSEY

86D*

Page 4, line 23, at end insert—

“( )   Where advice is to be provided under subsection (2), the reasonable costs
of a first consultation with an independent financial adviser shall be paid
for by the local authority.”

LORD SHARKEY

86E

Page 4, line 25, leave out “seek to ensure that what it provides is” and insert
“ensure that what it provides is demonstrably”

LORD LIPSEY

86F*

Page 4, line 29, at end insert—

“( )   to access independent advice in order to review plans for meeting
and paying for care available to those who are in the authority’s
area”

86G*

Page 4, line 29, at end insert—

“(4A)    Regulations must make provision for when a local authority should refer
an adult with care and support needs or who is making plans for meeting
needs for care and support that might arise to a regulated financial adviser,
and in particular the regulations must set out—

(a)   the circumstances under which a local authority must refer an adult
to a regulated financial adviser,

(b)   the circumstances under which the local authority has discretion to
make a referral, and

(c)   the time period in which a local authority must refer an adult to a
regulated financial adviser.”

BARONESS BROWNING

BARONESS PITKEATHLEY

86H

Page 4, line 38, at end insert—

“(6)   Regulations must make further provision in relation to information and
advice; and in particular in order to ensure that information and advice are
proportionate to the needs of those for whom it is provided, a local
authority must require social work-qualified staff to provide information
and advice in cases where present or foreseeable needs are classified as
complex.”

Clause 5

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

86J

Page 4, line 45, leave out “high quality services” and insert “services appropriate to
their needs as identified in the needs assessment and carer’s assessment”

86K

Page 5, line 2, at end insert—

“( )   In performing that duty, a local authority must ensure that those in receipt
of care and support services, carers, and providers of care and support
services are involved in the shaping that market.”

BARONESS GREENGROSS

86L

Page 5, line 19, at end insert—

“(f)   the importance of ensuring that the tariff price rates for care
provision reflect the actual cost of care”

86M

Page 5, line 19, at end insert—

“(g)   the need to appoint an independent adjudicator to settle disputes
between the local authority and care providers over the tariff price
rate of care”

BARONESS GREENGROSS

LORD LOW OF DALSTON

86N

Page 5, line 19, at end insert—

“( )   the need to adhere to specific minimum quality standards and
requirements in the commissioning and provision of services to
adults, as regulations may prescribe”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

86P

Page 5, line 19, at end insert—

“( )   the importance of fostering a sustainable workforce through
encouraging the acquisition of skills and working conditions which
support continuity and quality of care”

BARONESS GREENGROSS

LORD LOW OF DALSTON

86Q

Page 5, line 19, at end insert—

“( )   Regulations made under this section may not normally specify that visits
to deliver personal care in an adult’s home last a specified time shorter than
the time taken to deliver the care required.”

LORD BEST

BARONESS WILKINS

87

Page 5, line 35, at end insert—

“( )   housing options for meeting adults’ needs for care and support.”

Clause 6

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

87ZZA

Page 6, line 17, at end insert—

“( )   the relevant Health and Wellbeing Board”

BARONESS GREENGROSS

87ZA

Page 6, line 35, at end insert—

“( )   ensuring the early and co-ordinated assessment of an adult who
may have care and support needs following discharge from
hospital or other acute care setting.”

LORD RIX

87ZB

Page 6, line 47, at end insert—

“( )   a provider of relevant services to adults qualifying under this Act;
and regulation and related guidance will clarify “relevant
services”;”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

87ZC

Page 6, line 47, at end insert—

“( )   registered housing providers, including housing associations and
registered social landlords;”

 

The above-named Lords give notice of their intention to oppose the Question that Clause 6
stand part of the Bill
.

Clause 7

EARL HOWE

87A

Page 7, line 15, leave out “adult” and insert “individual”

87B

Page 7, line 16, after “carer,” insert “a carer of a child or a young carer,”

87C

Page 7, line 22, leave out “adult” and insert “individual”

87D

Page 7, line 23, after “carer,” insert “a carer of a child or a young carer,”

87E

Page 7, line 30, at end insert—

“( )   “Carer of a child” means a person who is a carer for the purposes of section
57.

“( )   “Young carer” has the same meaning as in section 60.”

Clause 8

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 8
stand part of the Bill
.

Clause 9

LORD LOW OF DALSTON

87F

Page 8, line 9, at end insert—

  “and if the needs can be prevented from getting worse and how the needs
may be reduced”

BARONESS GREENGROSS

LORD TOUHIG

87G

Page 8, line 9, at end insert—

  “if the needs can be prevented from getting worse and how the needs may
be reduced”

LORD LOW OF DALSTON

87H

Page 8, line 21, after “outcomes,” insert—

“( )   whether, and if so to what extent, the provision of a structured
programme of care provided for a limited period to help a person
maintain or regain the ability to live at home could contribute to the
achievement of those outcomes,”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

87J*

Page 8, line 22, leave out paragraph (d)

LORD BLACK OF BRENTWOOD

87K

Page 8, line 24, after “family” insert “, companion animals”

LORD BEST

BARONESS WILKINS

BARONESS TYLER OF ENFIELD

88

Page 8, line 25, at end insert—

“(e)   housing options to contribute to the achievement of those
outcomes”

BARONESS WILKINS

88A

Page 8, line 25, at end insert—

“( )   A local authority, in carrying out a needs assessment, must have regard
to—

(a)   whether the adult works or wishes to do so, and

(b)   whether the adult is participating in or wishes to participate in
education, training or recreation.”

BARONESS BROWNING

LORD TOUHIG

LORD TYLER

88B

Page 8, line 31, at end insert—

“( )   A local authority, in carrying out a needs assessment, must—

(a)   have regard to a young person’s education, health and care plan,
where such a plan exists, or

(b)   ensure that a young person’s assessment for adult social care is
coordinated with an education, health and care asssessment taking
place at the same time.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

 

The above-named Lords give notice of their intention to oppose the Question that Clause 9
stand part of the Bill
.

Clause 10

BARONESS PITKEATHLEY

88C

Page 8, line 41, leave out “another adult (an “adult needing care”)” and insert “an
adult (“an adult needing care”) or disabled child”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

88D*

Page 9, line 16, leave out paragraph (f)

BARONESS PITKEATHLEY

88E

Page 9, line 37, at end insert—

“(11)   Where an adult is being assessed for NHS Continuing Care and this is to be
provided in whole or in part in the community, and that person has a carer
who is providing or about to provide care, the local authority must ensure
that a carer’s assessment under this section and section 12 is carried out of
the carer’s ability to provide or continue to provide care.”

After Clause 10

BARONESS PITKEATHLEY

88F

Insert the following new Clause—

“Health promotion of carers

(1)   In exercising their functions, health bodies shall—

(a)   promote and safeguard the health and well-being of carers;

(b)   ensure that effective procedures exist to identify patients who are or
are about to become carers;

(c)   ensure that appropriate systems exist to ensure that carers receive
appropriate information and advice; and

(d)   ensure that systems are in place to ensure that the relevant general
medical services are rendered to their patients who are carers.

(2)   In relation to subsection (1)(b) and (c), the Secretary of State may by
regulations further provide for the strategies to be developed.”

BARONESS BROWNING

BARONESS BARKER

88G

Insert the following new Clause—

“Duty to provide independent advocacy

(1)   A local authority has a duty to provide an independent advocate to assist
any qualifying adult under this Act for the purposes of assessment,
supporting planning or review processes, or both.

(2)   An adult is a qualifying adult if—

(a)   the adult’s needs for care and support are being assessed under
section 9 or a care and support plan is being prepared for the adult
under section 25 or a review of the adult’s needs is conducted under
section 27, and

(b)   the local authority considers that without the assistance of an
advocate the adult will experience substantial difficulty in relation
to one or more of the following—

(i)   understanding, retaining, using or weighing the
information relevant to the process of assessment, care and
support planning or review,

(ii)   expressing or communicating their own views or wishes
and feelings, or

(c)   the adult is an individual to whom section 11(2)(a) or (b) of this Act
applies, or

(d)   the adult is a carer for whom the local authority is undertaking a
carer’s assessment in accordance with section 10(1) and the local
authority considers that without the assistance of an advocate the
carer will experience substantial difficulty in relation to one or more
of the following—

(i)   understanding, retaining, using or weighing the
information relevant to the process of assessment, support
planning or review,

(ii)   expressing or communicating their own views or wishes
and feelings.

(3)   Regulations may be made as to—

(a)   the appointment of advocates,

(b)   the skills or qualifications of advocates,

(c)   the duties of advocates,

(d)   the right of access for advocates to the adult,

(e)   the duty to take account of representations by the advocate on
behalf of the adult,

(f)   the right of access for advocates to the adult’s relevant personal
data including records held by local authorities and health
authorities, and

(g)   additional circumstances in which an advocate must be provided.”

Clause 12

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

BARONESS GALE

88H*

Page 10, line 22, leave out “may” and insert “must”

LORD BLACK OF BRENTWOOD

88J

Page 10, line 24, after “family” insert “(including companion animals)”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

88K*

Page 10, line 24, after “family” insert “, including any child”

LORD HUNT OF KINGS HEATH

88L

Page 10, line 25, at end insert—

“( )   require the local authority, in carrying out the assessment, to have
regard to the health needs of the adult or carer to whom the
assessment relates and any health provision which the adult or
carer is entitled to receive;”

LORD LOW OF DALSTON

LORD TOUHIG

88M

Page 10, line 38, leave out from “which” to end of line 40 and insert “a person with
expertise in a specified matter must carry out the assessment on behalf of the
authority”

BARONESS BROWNING

88N

Page 10, line 43, at end insert—

“(h)   specify circumstances in which a person’s social care needs are to
be regarded as complex and stipulate that social work-qualified
staff should always be used in the assessment of complex needs as
defined.”

Clause 13

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

88P*

Page 11, line 35, at end insert—

“( )   Before making such a determination the local authority must be satisfied
that the needs of the adult or carer have been appropriately and
proportionately considered by an appropriately skilled or qualified
assessor.”

BARONESS GREY-THOMPSON

LORD LOW OF DALSTON

LORD TOUHIG

88Q

Page 12, line 17, leave out subsection (7) and insert—

“(7)   Needs meet the eligibility criteria when—

(a)   there is, or will be, an inability to carry out several personal care or
domestic routines, and/or

(b)   the individual will be unable to maintain control over several
aspects of their day-to-day life, or

(c)   involvement in several aspects of work, education, training or
recreation cannot or will not be sustained, and/or

(d)   several domestic, family and personal relationships cannot or will
not be sustained, and/or

(e)   there is a risk of abuse or neglect; they form part of a combination
of needs described in paragraph (a).”

LORD HUNT OF KINGS HEATH

88R

Page 12, line 21, at end insert “including the effect of any needs arising from a
physical or mental health condition”

88S

Page 12, line 22, at end insert “including any health provision which the adult is
entitled to receive”

LORD WARNER

89

Page 12, line 22, at end insert—

“( )   In making regulations under this section, the Secretary of State must have
regard to—

(a)   the well-being principles in section 1,

(b)   preventing the need for NHS services,

(c)   establishing criteria for service provision that applies to all local
authorities in England without variation in charging policies
between areas,

(d)   making available funding to meet the requirements of paragraph
(c).”

Clause 14

BARONESS PITKEATHLEY

89A

Page 12, line 35, at end insert—

“( )   Services of an intimate nature can only be provided to the disabled person
and not to meet a carer’s need for support and regulations may make
provision about what is, or is not, of an intimate nature for the purposes of
subsection (3).”

89B

Page 13, line 7, at end insert—

“(8)   Where an assessment is carried out under section 10, the NHS must meet
the carer’s assessed needs for support which meet the eligibility criteria
free of charge.”

Clause 15

LORD LIPSEY

89C

Page 13, line 30, leave out from “is” to end of line 33 and insert “the number of years
for which people are expected to contribute to their care costs”

89D

Page 13, line 36, at end insert—

“( )   The number of years specified under section 15(4) shall initially be 5.”

LORD SHARKEY

89E

Page 13, line 46, at end insert—

“( )   The Secretary of State has a duty to ensure that there is, through national
public awareness campaigns, a high level of public awareness and
understanding of the terms and implications of the cap on the cost of care.”

BARONESS GREENGROSS

90

Page 13, line 46, at end insert—

“( )   The Secretary of State has a duty to make people aware of the terms of the
cap on the cost of care through a national public awareness campaign.”

Clause 16

BARONESS GREENGROSS

90A

Page 14, line 2, leave out “earnings” and insert “care costs”

90B

Page 14, line 11, leave out “earnings” and insert “care costs”

90C

Page 14, line 12, leave out “earnings” and insert “care costs”

LORD LIPSEY

90D

Page 14, line 19, at end insert—

“(6)   The Secretary of State may, by regulations, set the commencement date for
the cap on care costs.

(7)   The prescribed commencement date under subsection (6) shall not be
earlier than 1 April 2017.”

Clause 17

LORD LIPSEY

91

Page 15, line 23, at end insert—

“( )   The regulations must provide that where the financial resources of a carer
who has needs for support or of the adult needing care (whether in terms
of income, capital or a combination of both) as calculated in accordance
with the regulations exceed the financial limit, payments by the local
authority shall be tapered in such a way that each complete increase of £500
in resources held by the carer or adult over and above the financial limit
shall result in a reduction of annual payments of £1.”

92

Page 15, line 23, at end insert—

“(10A)   The regulations must provide that where the financial resources of a carer
who has needs for support or of the adult needing care (whether in terms
of income, capital or a combination of both) as calculated in accordance
with the regulations exceed the financial limit, a reduction of annual
payments of £1 shall be made for each complete increase by a sum that the
Secretary of State may from time to time specify in resources held by the
carer or adult over and above the financial limit.

(10B)   When specifying a sum for the purposes of subsection (10A), the Secretary
of State must ensure that any such sum is greater than £250.”

92ZZA

Page 15, line 31, at end insert—

“( )   After section 54(2) of the Health and Social Care Act 2001 (funding by
resident etc of more expensive accommodation), insert—

“(2A)    The regulations shall only restrict the right of residents to top up
their fees to the extent that is reasonable, and in particular they shall
not limit top-ups to residents using the 12 week property disregard
or the deferred payment scheme.””

After Clause 17

LORD LIPSEY

92ZZB

Insert the following new Clause—

“Ministerial advisory committee

An independent ministerial advisory committee shall be set up to keep
under review the workings of the cap and the means-testing arrangements
set out in section 17.”

92ZZC

Insert the following new Clause—

“Local authority grants: cost of scheme administration

(1)   The Secretary of State shall ensure that grants to local authorities are
increased fully to reflect the cost of administering the cap system, the costs
of providing advice under section 4 and the costs of the extended means-
testing system.

(2)   The Secretary of State shall seek the views of the ministerial advisory
committee on the cap and means-testing arrangements before determining
the amount to be paid to local authorities under subsection (1) above.”

Clause 19

LORD PATEL

92ZZD

Page 16, line 41, at end insert—

“( )   Where an adult is terminally ill, a local authority must consider their needs
for care and support as urgent.”

92ZZE

Page 16, line 43, at end insert—

“( )   For the purposes of this section a person is “terminally ill” at any time if at
that time the person suffers from a progressive disease and the person’s
death in consequence of that disease can reasonably be expected within 6
months (as set out in section 82(4) of the Welfare Reform Act 2012).”

Clause 24

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

92ZZF*

Page 20, line 36, at end insert—

“(iii)   to what extent the adult or carer’s own capabilities, services
of any kind, whether or not intended to provide care and
support, and any support which friends, family or others
are able and willing to contribute could support the adult or
carer to achieve their desired outcomes”

Clause 25

LORD HUNT OF KINGS HEATH

92ZZG

Page 21, line 5, at end insert “and the health needs which should be met by the NHS
bodies in the local authority’s area”

LORD DUBS

92ZZH

Page 21, line 19, at end insert—

“(g)   specifies what should happen in the event of an emergency or if
needs change”

92ZZJ

Page 21, line 19, at end insert—

“(h)   specifies an anticipated review date, agreed between—

(i)   the adult for whom it is being prepared;

(ii)   any carer that the adult has; and

(iii)   any person whom the adult asks the authority to involve or,
where the adult lacks capacity to ask the authority to do”

BARONESS BROWNING

LORD TOUHIG

BARONESS TYLER OF ENFIELD

92ZZK

Page 21, line 33, at end insert—

“( )   In preparing a care and support plan, the local authority must have regard
to the young person’s education, health and care plan, where such a plan
exists, and integrate the care and support plan with the existing education,
health and care plan.”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

92ZZL*

Page 21, line 33, at end insert—

“( )   In performing a duty under subsection (3) or (4) the local authority must
consider, with the adult or carer, to what extent the adult or carer’s own
capabilities, services of any kind, whether or not intended to provide care
and support, and any support which friends, family or others are able and
willing to contribute could support the adult or carer to achieve their
desired outcomes.”

Clause 26

LORD LOW OF DALSTON

92ZZM*

Page 22, line 31, at end insert—

“(d)   that an allowance for equipment and adaptations, under the limits
set out in regulations under section 15(1), (2) and (5), of the
Community Care (Delayed Discharges etc.) Act 2003, is provided
without financial assessment”

Clause 27

LORD LOW OF DALSTON

LORD TOUHIG

92ZZN

Page 23, line 8, at end insert “and section 12(1)(f)”

LORD HUNT OF KINGS HEATH

92ZZP

Page 23, line 9, after “25(1)(d)),” insert—

“( )   must have regard to any changes in the health needs of the adult to
whom the plan relates or the health provision which the adult is
entitled to receive,”

92ZZQ

Page 23, line 20, after “25(1)(d)),” insert—

“( )   must have regard to any changes in the health needs of the carer to
whom the plan relates or the health provision which the carer is
entitled to receive,”

Clause 28

BARONESS GREENGROSS

92ZZR

Page 24, line 26, at end insert—

“(8)   But the local authority may not rely on subsection (7) (and so must carry
out a needs assessment) if the adult lacks capacity to refuse the assessment
and the authority is satisfied that carrying out the assessment would be in
the adult’s best interests.”

Clause 31

LORD SHARKEY

92ZZS

Page 26, line 7, leave out from “authority” to end of line 8 and insert “has made
known in writing to and discussed with the adult or nominated person the criteria
it uses to satisfy itself that the adult or nominated person is capable of managing
direct payments and is satisfied that the adult or nominated person is so capable—”

After Clause 33

LORD LIPSEY

92ZZT

Insert the following new Clause—

“Registered nursing care allowance

No new claims for registered nursing care allowance shall be allowed after
1 April 2016.”

92ZZU

Insert the following new Clause—

“Personal expenses allowance

(1)   Regulations governing the personal expenses allowance shall specify an
increase in its value to £32.75.

(2)   Those regulations shall specify that the Secretary of State shall each year
uprate the personal expenses allowance by whichever is greater of the
increase in prices or earnings in the last year since it was last updated.”

Clause 34

LORD LIPSEY

92ZZV

Page 28, line 31, leave out paragraph (b)

Clause 35

LORD LIPSEY

92ZZW

Page 29, line 16, leave out subsection (4) and insert—

“(4)   The interest rate shall be the Bank of England’s Minimum Lending Rate
plus 2%.”

92ZZX

Page 30, line 12, at end insert—

“( )   The Secretary of State shall make available to all local authorities a model
deferred payment scheme.”

92ZZY

Page 30, line 12, at end insert—

“(11)   Local authorities shall make available loans for the purchase of appropriate
point-of-need insurance policies, secured against an adult’s legal or
beneficial interest in their home.

(12)   However no local authority shall make a loan under subsection (11)
available unless the adult concerned has taken advice from a regulated
independent financial adviser.”

LORD LIPSEY

LORD WARNER

92ZZZ

Page 30, line 12, at end insert—

“( )   The commencement date for the deferred payment scheme shall not be
earlier than 1 April 2016.”

After Clause 35

EARL HOWE

92ZZAA*

Insert the following new Clause—

“Alternative financial arrangements

(1)   Regulations may, in such cases or circumstances and subject to such
conditions as may be specified, require or permit a local authority to enter
into alternative financial arrangements of a specified description with an
adult.

(2)   “Alternative financial arrangements” means arrangements which in the
Secretary of State’s opinion—

(a)   equate in substance to a deferred payment agreement or an
agreement of the kind mentioned in section 34(8), but

(b)   achieve a similar effect to an agreement of the kind in question
without including provision for the payment of interest.

(3)   The regulations may make provision in connection with alternative
financial arrangements to which they apply, including, in particular,
provision of the kind that may (or must) be made in regulations under
section 34 or 35 (apart from provision for the payment of interest).”

Clause 36

BARONESS CAMPBELL OF SURBITON

92ZZAB

Page 30, line 43, after “4)” insert “and keep the adult and the carer informed of
progress”

92ZZAC

Page 31, line 22, after “have” insert “due”

92ZZAD

Page 31, line 24, at end insert “with a view to securing, so far as reasonably
practicable, the same outcomes”

92ZZAE

Page 32, line 13, at end insert “, and

(d)   “outcomes” are the outcomes referred to in sections 9(4)(b) and
10(5)(d)”

Clause 37

BARONESS CAMPBELL OF SURBITON

92ZZAF

Page 32, line 43, leave out subsection (6) and insert—

“( )   Until the authority reasonably believes that the second authority has
complied with the duty under subsection (1), it must continue to meet the
adult’s needs for care and support and, if the adult has a carer, such needs
for support as the carer has.

( )   The first authority may recover from the second authority the costs it incurs
in continuing to meet the adult’s or carer’s needs.”

Clause 38

LORD WIGLEY

92ZZAG

Page 33, line 43, at end insert—

“(7)   The Secretary of State shall prepare, publish and lay before Parliament a
report on any issues connected with cross-border placements arising with
the devolved administrations, indicating how such issues have been
resolved and setting out the mechanisms necessary to resolve any such
issues arising with regard to future placements.”

Clause 41

LORD RIX

92ZZAH

Page 35, line 13, after “neglect” insert “in any setting”

BARONESS BARKER

92ZA

Page 35, line 15, at end insert—

“( )   For the purposes of subsection (1)(b), the term “abuse or neglect” shall not
be construed so as to presume, prima facie, abuse or neglect where an adult
with capacity refuses medical treatment of any kind.”

LORD RIX

92ZB

Page 35, line 19, at end insert—

“( )   The local authority has a duty to consider an advocate to assist an adult
during a safeguarding enquiry.”

92ZC

Page 35, line 19, at end insert—

“( )   The Secretary of State will set out in regulations and related guidance a
standard for enquiries, including—

(a)   what is identified as a safeguarding concern,

(b)   the threshold for enquiry,

(c)   process of enquiry, and

(d)   timescale for enquiries.”

92ZD

Page 35, line 20, leave out subsection (3) and insert—

“(3)   “Abuse” includes—

(a)   physical abuse,

(b)   sexual abuse,

(c)   psychological abuse,

(d)   financial abuse, and financial abuse includes—

(i)   having money or other property stolen,

(ii)   being defrauded,

(iii)   being put under pressure in relation to money or other
property, and

(iv)   having money or other property misused,

(e)   neglect and acts of omission,

(f)   discriminatory abuse, and

(g)   other as guidance may specify.”

92ZE

Page 35, line 25, at end insert—

“( )   “Abuse” as defined under subsection (3) may be perpetrated as the result
of deliberate intent, negligence or ignorance.”

92ZF

Page 35, line 25, at end insert—

“( )   A relevant partner (as identified in section 6(6)) has a duty, where it has
reasonable cause to suspect a person is an adult at risk of abuse or neglect,
and the adult appears to be within the local authority’s area, to inform the
local authority of that fact.”

Schedule 2

LORD RIX

92ZG

Page 98, line 20, at end insert—

“( )   what actions have been taken to implement recommendations
from reviews that have concluded that year and from reviews
that have concluded in previous years where recommendations
are implemented that year,”

92ZH

Page 98, line 30, at end insert—

“(e)   the Secretary of State”

After Clause 46

LORD TOUHIG

BARONESS GREENGROSS

92A

Insert the following new Clause—

“Corporate responsibility for neglect

(1)   This section applies where a person registered under Chapter 2 of Part 1 of
the Health and Social Care Act 2008 (a “registered care provider”) in
respect of the carrying on of a regulated activity (within the meaning of that
Part) has reasonable cause to suspect that an adult in their care is
experiencing, or is at risk of, abuse and neglect.

(2)   The registered care provider must make (or cause to be made) whatever
enquiries it thinks necessary to enable it to decide whether any action
should be taken in the adult’s case and, if so, what and by whom.

(3)   Where abuse or neglect is suspected, the registered care provider is
responsible for informing the Safeguarding Adults Board in its area and
commits an offence if (without reasonable cause) it fails to do so.

(4)   A registered care provider is guilty of an offence if the way in which its
activities are managed or organised by its board or senior management
neglects or is a substantial element in the existence and or possibility of
abuse or neglect occurring.”

LORD LOW OF DALSTON

BARONESS GREENGROSS

92AA

Insert the following new Clause—

“Human Rights Act 1998: provision of “care and support services” to be public
function

(1)   A person (“P”) who provides regulated “social care” is to be taken for the
purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998
(acts of public authorities) to be exercising a function of a public nature in
doing so.

(2)   This section applies to persons providing services regulated by the Care
Quality Commission.

(3)   In this section “social care” has the same meaning as in the Health and
Social Care Act 2008.”

Clause 55

LORD PATEL

BARONESS PITKEATHLEY

92B

Page 43, leave out lines 20 to 24 and insert—

“(1)   When a child receiving services reaches the age of 14, or a local authority
receives a request from the child, or a parent or carer of the child, to assess
the child’s needs for care and support (whichever is sooner), the authority
must, if the consent condition is met, assess—”

BARONESS BROWNING

LORD TOUHIG

BARONESS TYLER OF ENFIELD

92BA

Page 43, line 30, at end insert—

“( )   In assessing a child for a child’s needs assessment, the local authority must
take account of the child’s education, health and care plan where such a
plan exists and ensure that the child’s needs assessment forms part of the
education, health and care plan going forward.”

LORD PATEL

BARONESS PITKEATHLEY

92C

Page 43, line 40, at end insert—

“( )   “Child receiving services” means a child—

(a)   for whom, or for whose family or for a member of whose family,
services are being provided under section 17 of the Children Act
1989,

(b)   for whom services are being provided under arrangements made
under section 2 of the Chronically Sick and Disabled Persons Act
1970 (welfare services),

(c)   for whom services are being provided under section 117 of the
Mental Health Act 1983 (after-care services),

(d)   for whom care is being provided under the National Health Service
Act 2006,

(e)   for whom, or for whose family or for a member of whose family,
services are being provided under such enactment as may be
specified in regulations.”

92D

Page 44, line 12, at end insert—

“( )   The child’s needs assessment must be completed before the child reaches
the age of 16, or within two years of the commencement of services being
provided to the child, whichever is later.”

93

[Withdrawn]

After Clause 56

LORD PATEL

BARONESS PITKEATHLEY

LORD PATEL OF BRADFORD

94

Insert the following new Clause—

“Transition plans

(1)   When a local authority has completed an assessment under this section and
is satisfied that the child has needs for care and support, is likely to have
needs for care and support after becoming 18, and has determined what
those needs are likely to be, the local authority must, before the child
reaches 16 or within two years of the child beginning to receive services
(whichever is later)—

(a)   secure that a transition plan is prepared for the child or young
person, and

(b)   once a transition plan has been prepared, it must maintain the plan.

(2)   For the purposes of this Part, a transition plan is a plan specifying, for the
proceeding five years of the child or young person’s life—

(a)   any health care and social care provision reasonably required by
him or her;

(b)   the outcomes sought for him or her, including intentions to enter
further or higher education, enter the workplace or move to
independent or assisted living;

(c)   the housing provision required by him or her.

(3)   “Health care provision” means the provision of health care services as part
of the comprehensive health service in England continued under section
1(1) of the National Health Service Act 2006.

(4)   Regulations may make provision about the preparation and content of
transition plans.

(5)   Where a local authority is required to secure that a transition plan is
prepared for a child or young person, it must consult the child’s parent or
the young person about the content of the plan during the preparation of a
draft of the plan.

(6)   The local authority must then send the draft plan to the child or parent or
carer.

(7)   The local authority must send a copy of the finalised transition plan to the
child or parent or carer.

(8)   A transition plan shall be maintained until the young person reaches the
age of 25.

(9)   A local authority in England and its partner commissioning bodies must
make arrangements about the health, care and housing provision to be
secured for children and young people for whom a transition plan is
prepared and maintained.

(10)   Where an education, health and care plan (“EHC plan”) is being prepared
for a child or young person by a local authority under Part 3 of the Children
and Families Act 2013, and a transition plan is already maintained for the
child or young person, the transition plan must become part of the EHC
plan.

(11)   Where an EHC plan is already maintained for a child or young person by
a local authority and a child’s needs assessment is undertaken under
section 55(1), the local authority must ensure that the child or young
person’s EHC plan includes the transition plan as set out under subsection
(2).”

95

Insert the following new Clause—

“Continuity of a transition plan when a child moves

(1)   This section applies where—

(a)   a child’s needs assessment has been carried out by a local authority
(“the first authority”) under section 55(1) and a transition plan
under section (Transition plans) (1) is being maintained;

(b)   the child or parent or carer of the child notifies another local
authority (“the second authority”) (or that authority is notified on
the child’s behalf) that the child intends to move to the area of the
second authority, and

(c)   the second authority is satisfied that the child or parent or carer
intention is genuine.

(2)   The second authority must—

(a)   provide the child or parent or carer with such information as it
considers appropriate, and

(b)   notify the first authority that it is satisfied as mentioned in
subsection (1)(c).

(3)   The first authority, having received the notification under subsection (2)(b),
must provide the second authority with—

(a)   a copy of any transition plan prepared for the child;

(b)   a copy of the most recent child’s needs assessment in the child’s
case; and

(c)   such other information relating to the child as the second authority
may request.

(4)   The second authority must undertake a child’s needs assessment.

(5)   In carrying out an assessment under subsection (4), the second authority
must have regard to the transition plan provided under section (Transition
plans
).

(6)   This Part applies to an assessment under subsection (4) as it applies to a
child’s needs assessment.

(7)   Where the child’s needs identified by a child’s needs assessment under
subsection (6) carried out by the second authority are different from those
specified in the transition plan provided under subsection (3)(a), the
second authority must provide a written explanation of the difference to—

(a)   the child,

(b)   the parent,

(c)   the carer, and

(d)   any other person to whom the child asks the authority to provide
the explanation.

(8)   Regulations may specify steps which a local authority must take for the
purpose of being satisfied as mentioned in subsection (1)(c).

(9)   In this section—

(a)   a reference to moving to an area is a reference to moving to that area
with a view to becoming ordinarily resident there, and

(b)   a reference to remaining in an area is a reference to remaining
ordinarily resident there.”

96

Insert the following new Clause—

“Case where assessments not complete on day of move

(1)   If, on the day of the intended move as mentioned in section (Continuity of a
transition plan when a child moves
) (1)(b), the second authority has yet to
carry out the assessment under section (Continuity of a transition plan when
a child moves
) (4), or has done so but has yet to take the other steps required
under this Part in the child’s case, it must maintain the transition plan
which the first authority has been maintaining.

(2)   The second authority must—

(a)   provide the child or parent or carer with such information as it
considers appropriate, and

(b)   notify the first authority that it is satisfied as mentioned in section
(Continuity of a transition plan when a child moves) (1)(c).

(3)   The first authority is not required to maintain the child’s transition plan for
so long as the second authority is subject to the duty under subsection (1).

(4)   Where, having complied with the duty under subsection (1), the second
authority is not required to maintain the child’s transition plan under
section (Transition plans) because the child is still ordinarily resident in the
area of the first authority, the second authority may recover from the first
authority the costs it incurs in complying with the duty under
subsection (1).

(5)   Regulations may specify matters to which the second authority must have
regard in deciding how to perform the duty under subsection (1).”

97

Insert the following new Clause—

“Disputes about ordinary residence or continuity of care

(1)   Any dispute about where a child is ordinarily resident for the purposes of
this Part, or any dispute between local authorities under section (Continuity
of a transition plan when a child moves
) about the application of that section,
is to be determined by—

(a)   the Secretary of State, or

(b)   where the Secretary of State appoints a person for that purpose (the
“appointed person”), that person.

(2)   The Secretary of State or appointed person may review a determination
under subsection (1), provided that the review begins within three months
of the date of the determination.

(3)   Having carried out a review under subsection (2), the Secretary of State or
appointed person must—

(a)   confirm the original determination, or

(b)   substitute a different determination.

(4)   Regulations may make further provision about resolution of disputes of the
type mentioned in subsection (1); the regulations may, for example,
include—

(a)   provision for ensuring that care and support is provided to the
child while the dispute is unresolved;

(b)   provision requiring the local authorities in dispute to take specified
steps before referring the dispute to the Secretary of State or (as the
case may be) the appointed person;

(c)   provision about the procedure for referring the dispute to the
Secretary of State or appointed person;

(d)   where a review of a determination has been carried out under
subsection (2) and a different determination substituted, provision
requiring a local authority to take specified steps (including paying
specified amounts) in relation to the period before the
determination was substituted.”

Clause 57

LORD PATEL

BARONESS PITKEATHLEY

98

Page 45, leave out lines 6 to 10 and insert—

“(1)   When a child receiving services reaches the age of 14, or a local authority
receives a request from a carer of a child to assess the carer’s needs for
support (whichever is sooner), the authority must assess—”

99

Page 45, line 16, leave out from “support” to end of line 19 and insert “the authority
must assess”

100

Page 46, line 10, at end insert—

“( )   The child’s carer’s assessment must be completed before the child reaches
the age of 16, or within two years of the commencement of services being
provided to the child, whichever is later.”

Clause 58

BARONESS PITKEATHLEY

100A*

Page 46, line 22, leave out paragraph (f)

Clause 59

LORD PATEL

101

Page 47, line 3, leave out “may” and insert “must”

102

Page 47, line 5, leave out “power” and insert “duty”

103

Page 47, line 8, leave out “whether or”

104

Page 47, line 8, leave out “exercise the power” and insert “comply with the duty”

Clause 62

BARONESS BROWNING

LORD TOUHIG

BARONESS TYLER OF ENFIELD

104ZA

Page 49, line 44, at end insert—

“( )   Where the local authority is providing services to a child under—

(a)   the Children Act 1989,

(b)   the Chronically Sick and Disabled Persons Act 1970,

(c)   the Carers and Disabled Children Act 2000, or

(d)   where a child is identified as having special educational needs
under section 22 of the Children and Families Act 2014.”

Clause 64

LORD LIPSEY

104ZB

Page 53, line 27, after first “or” insert “deliberately”

Clause 66

LORD LIPSEY

104ZC

Page 55, line 11, at end insert—

“(h)   the advice of the ministerial advisory committee on the cap and
means-testing arrangements”

LORD SHARKEY

104ZD

Page 55, line 19, at end insert—

“( )   The Secretary of State shall publish annually a report on the percentage of
adults, nationally and by local authority area, who have an awareness and
understanding of the terms and implications of the cap on the cost of care.

( )   The first such annual report shall be published before the end of the period
of one year beginning with the day on which section 15 comes into force.”

Schedule 3

BARONESS GREENGROSS

104A

Page 102, line 37, at end insert—

“( )   specify matters which the local authority and relevant partners
must have regard to in carrying out an assessment of a person
who may have care needs following discharge from a hospital or
other acute care setting.”

Clause 68

LORD PATEL OF BRADFORD

105

Page 56, leave out lines 4 to 11 and insert—

““(5)   In this section, “after-care services” means services to reduce the
likelihood of the person requiring admission to a hospital again for
treatment for mental disorder.””

Clause 69

EARL HOWE

105A

Page 57, line 7, at end insert—

“( )   In its application to an adult who is residing in any other premises because
a requirement to do so has been imposed on the adult as a condition of the
grant of bail in criminal proceedings, this Part has effect as if references to
being ordinarily resident in an area were references to being resident in
premises in that area for that reason.”

105B

Page 57, line 28, at end insert—

“(6A)    An SAB’s objective under section 42(2) does not include helping and
protecting adults who are detained in prison or residing in approved
premises; but an SAB may nonetheless provide advice or assistance to any
person for the purpose of helping and protecting such adults in its area in
cases of the kind described in section 41(1) (adults with needs for care and
support who are at risk of abuse or neglect).”

105C

Page 57, line 28, at end insert—

“(6B)    Section 43 (safeguarding adults reviews) does not apply to any case
involving an adult in so far as the case relates to any period during which
the adult was—

(a)   detained in prison, or

(b)   residing in approved premises.”

105D

Page 57, line 31, leave out from second “officer” to end of line 34

105E

Page 57, line 39, leave out “references” and insert “reference”

105F

Page 57, line 40, leave out “include” and insert “includes”

105G

Page 57, line 44, leave out “references” and insert “reference”

105H

Page 57, line 45, leave out “include” and insert “includes”

105J

Page 58, line 2, at end insert—

“( )   “Bail in criminal proceedings” has the meaning given in section 1 of the Bail
Act 1976.”

105K

Page 58, line 4, leave out paragraphs (a) and (b)

105L

Page 58, line 11, after first “is” insert “temporarily”

105M

Page 58, line 13, after first “is” insert “temporarily”

105N

Page 58, line 14, at end insert—

“( )   a person who is temporarily absent from other premises in which
the person is required to reside as a condition of the grant of bail in
criminal proceedings is to be treated as residing in the premises for
the period of absence”

After Clause 70

LORD WARNER

LORD PATEL

BARONESS GREENGROSS

105P

Insert the following new Clause—

“End of life care

After consultation, the Secretary of State may make regulations providing
for—

(a)   the right for an NHS patient to die at the place they regard as home
or normal residence;

(b)   a terminally ill patient who, in the opinion of a registered
practitioner, is likely to die within six months to be exempt from
local authority charges for adult social care.”

Clause 71

BARONESS BROWNING

LORD TOUHIG

105Q

Page 58, line 42, at end insert—

“(3)   A local authority, and NHS bodies, must continue to act under general
guidance previously issued by the Secretary of State until a declaration of
intent has been made by the Secretary of State.

(4)   Any general guidance issued by the Secretary of State by regulations under
this Part will, unless specified, use the definition of the NHS body set out
in this Act.”

Clause 72

LORD LOW OF DALSTON

105R

Page 59, line 32, leave out paragraph (a)

After Clause 72

LORD WARNER

105S

Insert the following new Clause—

“Employment practices

(1)   Where the Secretary of State has evidence that employment and payment
practices used by service providers of adult social care are not consistent
with the well being requirements in section 1, he may, after consultation,
direct the cessation of such practices by making regulations.

(2)   Such regulations may provide for financial penalties in respect of
continued use of prohibited practices.”

Clause 109

EARL HOWE

105T

Page 88, line 23, at end insert—

“(ca)   regulations under section 22(2)(b) (services or facilities which a
local authority may not provide or arrange);”

105U*

Page 88, line 24, after “35(9)” insert “or (Alternative financial arrangements)(3)”

105V

Page 88, line 26, at end insert—

“(da)   the first regulations under section 49(10) (meaning of “business
failure”);

(db)   the first regulations under section 50(1) (criteria for application of
market oversight regime);

(dc)   the first regulations under section 50(4) (disapplication of market
oversight regime in particular cases);

(dd)   the first regulations under section 59(2) (exercise of power to meet
child’s carer’s needs for support);”

Clause 111

LORD WARNER

[In substitution for Amendment 76A]

106

Page 89, line 36, at end insert—

“( )   Before enactment of Part 1, the Secretary of State must ask the Office for
Budget Responsibility to complete by the end of 2014 a review of the
funding of adult social care that assesses—

(a)   the adequacy of current public funding of these services;

(b)   the proposals for funding the provisions in this Act; and

(c)   the implications of the Act and its funding for the NHS over the
next five years.”

LORD WIGLEY

107

Page 89, line 44, at end insert—

“( )   No order appointing a day for Schedule 1 to come into force shall be made
until—

(a)   the report under section 38(7) has been laid before both Parliament;
and

(b)   a draft of the order has been laid before, and approved by, both
Houses of Parliament.”

Prepared 2nd July 2013