Care Bill [HL]

seventh
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 34 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 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”

LORD HUNT OF KINGS HEATH

BARONESS WHEELER

LORD BEECHAM

92ZZADA

Page 31, line 44, at end insert—

“( )   Where the cost to the second authority of meeting the carer’s eligible needs
is different from the cost to the first authority of doing so, the second
authority must provide a written explanation of the difference to—

(a)   the carer;

(b)   the adult needing care;

(c)   any other person to whom the carer asks the authority to provide
an explanation.”

BARONESS CAMPBELL OF SURBITON

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 LOW OF DALSTON

92ZZAFA

Page 33, line 19, at end insert—

“( )   “Accommodation” means accommodation of any sort where the adult is
living regardless of whether—

(a)   the adult is receiving care and support; or

(b)   regulated activities are being carried out,

at that accommodation.

( )   “Regulated activity” has the meaning given by section 47.”

EARL HOWE

92ZZAFB

Page 33, line 41, at end insert—

“( )   The reference in subsection (1) to this Part does not include a reference to
section 28 (independent personal budget).”

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.”

Schedule 1

EARL HOWE

92ZZAGA

Page 91, line 34, at end insert—

“( )   Section 22 (prohibition on provision of health services) is to have effect—

(a)   in its application to a case within sub-paragraph (1)—

(i)   as if the references in subsections (1) and (6) to the
National Health Service Act 2006 included a reference to
the National Health Service (Wales) Act 2006, and

(ii)   as if the reference in subsection (6) to a clinical
commissioning group or the National Health Service
Commissioning Board included a reference to a Local
Health Board;

(b)   in its application to a case within sub-paragraph (3)—

(i)   as if the references in subsections (1) and (6) to the
National Health Service Act included a reference to the
National Health Service (Scotland) Act 1978, and

(ii)   as if the reference in subsection (6) to a clinical
commissioning group or the National Health Service
Commissioning Board included a reference to a Health
Board or Special Health Board;

(c)   in its application to a case within sub-paragraph (4)—

(i)   as if the references in subsections (1) and (6) to a service
or facility provided under the National Health Service
Act 2006 included a reference to health care provided
under the Health and Personal Social Services (Northern
Ireland) Order 1972 or the Health and Social Care
(Reform) Act (Northern Ireland) 2009, and

(ii)   as if the reference in subsection (6) to a clinical
commissioning group or the National Health Service
Commissioning Board included a reference to a Health
and Social Care trust.”

92ZZAGB

Page 92, line 10, at end insert—

“(1A)    Where a local authority in Wales is arranging for the provision of
accommodation in England in the exercise of its power under section 22
of the Social Services and Well-being (Wales) Act 2013—

(a)   the adult concerned is to be treated for the purposes of that Act—

(i)   in a case where the adult was within the local authority’s
area immediately before being provided by the local
authority with accommodation in England, as remaining
within that area;

(ii)   in a case where the adult was outside but ordinarily
resident in the local authority’s area immediately before
being provided by the local authority with
accommodation in England, as remaining outside but
ordinarily resident in that area, and

(b)   the adult concerned is not to be treated for the purposes of Part 1
of this Act as ordinarily resident anywhere in England (unless
the adult was so ordinarily resident immediately before being
provided by the local authority with accommodation in
England).”

92ZZAGC

Page 92, line 18, at end insert—

“(2A)    Where a local authority in Wales is arranging for the provision of
accommodation in Scotland in the exercise of its power under section 22
of the Social Services and Well-being (Wales) Act 2013—

(a)   the adult concerned is to be treated for the purposes of that Act—

(i)   in a case where the adult was within the local authority’s
area immediately before being provided by the local
authority with accommodation in Scotland, as remaining
within that area;

(ii)   in a case where the adult was outside but ordinarily
resident in the local authority’s area immediately before
being provided by the local authority with
accommodation in Scotland, as remaining outside but
ordinarily resident in that area, and

(b)   no duty under Part 2 of the Social Work (Scotland) Act 1968 or
sections 25 to 27 of the Mental Health (Care and Treatment)
(Scotland) Act 2003 applies in the adult’s case.

(2B)   But paragraph (b) of sub-paragraph (2A) does not prevent a duty
mentioned in that paragraph from applying in the case of an adult who
was ordinarily resident in Scotland immediately before being provided
by the local authority with accommodation in Scotland.”

92ZZAGD

Page 92, line 22, leave out “this Part” and insert “that Act”

92ZZAGE

Page 92, line 27, at end insert—

“(3A)    Where a local authority in Wales is arranging for the provision of
accommodation in Northern Ireland in the exercise of its power under
section 22 of the Social Services and Well-being (Wales) Act 2013—

(a)   the adult concerned is to be treated for the purposes of that Act—

(i)   in a case where the adult was within the local authority’s
area immediately before being provided by the local
authority with accommodation in Northern Ireland, as
remaining within that area;

(ii)   in a case where the adult was outside but ordinarily
resident in the local authority’s area immediately before
being provided by the local authority with
accommodation in Northern Ireland, as remaining
outside but ordinarily resident in that area, and

(b)   no duty under the Health and Personal Social Services (Northern
Ireland) Order 1972 or the Health and Social Care (Reform) Act
(Northern Ireland) 2009 to provide or secure the provision of
accommodation or other facilities applies in the adult’s case.

(3B)   But paragraph (b) of sub-paragraph (3A) does not prevent a duty
mentioned in that paragraph from applying in the case of an adult who
was ordinarily resident in Northern Ireland immediately before being
provided by the local authority with accommodation in Northern
Ireland.”

92ZZAGF

Page 92, line 31, after “(2)” insert “or (2A)”

92ZZAGG

Page 92, line 33, leave out “that sub-paragraph” and insert “each of those sub-
paragraphs”

92ZZAGH

Page 95, line 21, at end insert—

“6A    (1)   In section 86 of the Social Work (Scotland) Act 1968 (adjustments
between authorities providing accommodation), in subsections (1) and
(10), after “a local authority in England or Wales” insert “and to a Health
and Social Care trust in Northern Ireland”.

(2)   In subsection (2) of that section, after “the ordinary residence of a person
shall” insert “, in a case within any of paragraphs 1 to 4 of Schedule 1 to
the Care Act 2013 (cross-border placements), be determined in
accordance with paragraph 5 of that Schedule; and in any other case, the
question shall”.

(3)   In section 97 of that Act (extent)—

(a)   in subsection (1), for “sections 86 and 87” substitute “section 87”,
and

(b)   after that subsection insert—

“(1A)    Section 86 of this Act shall extend to England and Wales
and to Northern Ireland.”.”

92ZZAGJ

Page 96, line 23, leave out “1 to 4” and insert “1, 3, and 4”

92ZZAGK

Page 96, line 24, at end insert—

“( )   In paragraph 2—

(a)   the references in sub-paragraphs (1), (2) and (3) to discharging a
duty under section 21 of the Social Services and Well-being
(Wales) Act 2013 by arranging for the provision of
accommodation are to be read as references to providing
residential accommodation under Part 3 of the National
Assistance Act 1948;

(b)   the references in paragraph (a) of each of those sub-paragraphs
to the Social Services and Well-being (Wales) Act 2013 are to be
read as references to Part 3 of the National Assistance Act 1948;

(c)   sub-paragraphs (1A), (2A) and (3A) are to be ignored; and

(d)   in sub-paragraph (5), the references to sub-paragraph (2A) and
paragraph (b) of sub-paragraph (2A) are to be ignored.”

Clause 41

LORD RIX

BARONESS HOLLINS

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

BARONESS HOLLINS

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.”

BARONESS BYFORD

LORD HODGSON OF ASTLEY ABBOTTS

92ZFA

Page 35, line 25, at end insert—

“(4)   In the case of financial abuse, investigation may be instigated following a
complaint from a person with power of attorney for an adult having needs
for care and support.”

After Clause 41

BARONESS BYFORD

LORD HODGSON OF ASTLEY ABBOTTS

92ZFB

Insert the following new Clause—

“Accounting

All persons and organisations offering care services shall have a duty to
follow specific accounting guidelines in charging for those services and
shall, in particular, ensure that all accounting paperwork is easy to
understand, fully explains any interface with the local authority and is
complete.”

BARONESS GREENGROSS

92ZFC

Insert the following new Clause—

“Adult safeguarding access order: power of access

(1)   An authorised officer may apply to a justice of the peace for an order (an
adult safeguarding access order) in relation to a person living in any
premises within a local authority’s area.

(2)   The purposes of an adult safeguarding access order are—

(a)   to enable the authorised officer and any other person
accompanying the officer to speak in private with a person
suspected of being an adult at risk of abuse or neglect;

(b)   to enable the authorised officer to assess the mental capacity of a
person suspected of being an adult at risk of abuse;

(c)   to enable the authorised officer to ascertain whether that person is
making decisions freely; and

(d)   to enable the authorised officer properly to assess whether the
person is an adult at risk of abuse or neglect and to make a decision
as required by section 41(2) on what, if any, action should be taken.

(3)   When an adult safeguarding access order is in force, the authorised officer,
a constable and any other specified person accompanying the officer in
accordance with the order, may enter the premises specified in the order for
the purposes set out in subsection (2).

(4)   The justice of the peace may make an adult safeguarding access order if
satisfied that—

(a)   the authorised officer has reasonable cause to suspect that a person
is an adult who is experiencing or at risk of abuse or neglect;

(b)   it is necessary for the authorised officer to gain access to the person
in order to make whatever enquiries it thinks necessary and to
make a decision as required by section 41(2) on what, if any, action
should be taken;

(c)   making an order is necessary in order to fulfil the purposes set out;

(d)   exercising the power of access conferred by the order will not result
in the person being at greater risk of abuse or neglect.

(5)   An adult safeguarding access order must—

(a)   specify the premises to which it relates;

(b)   provide that the authorised officer may be accompanied by a
constable;

(c)   specify the period for which the order is to be in force.

(6)   Other conditions may be attached to an adult safeguarding access order,
for example—

(a)   specifying restrictions on the time that the power of access
conferred by the order may be exercised;

(b)   providing for the authorised officer to be accompanied by another
specified person;

(c)   requiring notice of the order to be given to the occupier of the
premises and to the person suspected of being an adult at risk of
abuse.

(7)   A constable accompanying the authorised officer may use reasonable force
if necessary in order to fulfil the purposes of an adult safeguarding access
order set out in subsection (2).

(8)   On entering the premises in accordance with an adult safeguarding access
order, the authorised officer must—

(a)   state the object of the visit;

(b)   produce evidence of the authorisation to enter the premises; and

(c)   provide an explanation to the occupier of the premises of how to
complain about how the power of access has been exercised.

(9)   In this section “an authorised officer” means a person authorised by a local
authority for the purposes of this section, but regulations may set
restrictions on the persons or categories of persons who may be
authorised.”

92ZFD

Insert the following new Clause—

“Duty to report adults at risk of abuse

(1)   If a relevant partner of a local authority has reasonable cause to suspect that
the local authority would be under a duty to make enquiries under section
41, it must inform the local authority of that fact.

(2)   If the person that the relevant partner has reasonable cause to suspect
would be the subject of enquiries under section 41, and appears to be
within the area of a local authority other than the one of which it is a
relevant partner, it must inform that other local authority.

(3)   If a local authority has reasonable cause to suspect that a person within its
area at any time would be the subject of enquiries under section 41 and is
living or proposing to live in the area of another local authority (including
a local authority in Wales, Scotland or Northern Ireland), it must inform
that other local authority.

(4)   In this section “relevant partner”, in relation to a local authority, means—

(a)   the local policing body and the chief officer of police for a police
area any part of which falls within the area of the local authority;

(b)   any other local authority with which the authority agrees that it
would be appropriate to co-operate under this section;

(c)   any provider of probation services that is required by arrangements
under section 3(2) of the Offender Management Act 2007 to act as a
relevant partner of the authority;

(d)   any provider of regulated activities as listed in Schedule 1 to the
Health and Social Care Act 2008 (Regulated Activities) Regulations
2010;

(e)   a Local Health Board for an area any part of which falls within the
area of the authority;

(f)   an NHS trust providing services in the area of the authority;

(g)   such person, or a person of such description, as regulations may
specify.”

92ZFE

Insert the following new Clause—

“Neglecting or ill-treating an adult at risk of abuse

Any person who wilfully causes or permits an adult to suffer, or inflicts
physical pain or mental suffering upon an adult who has care and support
needs, or having the care or custody of that adult, wilfully causes or
permits the person or health of that adult to be injured, including through
the neglect of their care and support or health needs, or wilfully causes or
permits that person to be placed in a situation that endangers his or her
person or health, is liable—

(a)   on summary conviction, to imprisonment for a term not exceeding
12 months or a fine not exceeding the statutory maximum or both;

(b)   on conviction on indictment, to imprisonment for a term not
exceeding 5 years or a fine or both.”

Schedule 2

BARONESS GREENGROSS

92ZFF

Page 97, line 11, at end insert—

“(e)   social work-qualified staff from the establishing local authority”

LORD RIX

BARONESS HOLLINS

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”

Clause 43

BARONESS GREENGROSS

92ZJ

Page 36, line 22, at end insert—

“( )   An SAB is required to appoint a social work-qualified individual to
supervise the carrying out of a review as stated.”

After Clause 43

BARONESS GREENGROSS

92ZK

Insert the following new Clause—

“Duty of candour

(1)   Local authorities must take reasonable steps to create an open and honest
culture that enables employees to report reasonable suspicions of abuse
and neglect of individuals in the care of the local authority or a provider
commissioned by the local authority.

(2)   “Reasonable steps” include—

(a)   ensuring that staff are aware of and trust processes open to them;

(b)   provision of advice about the process;

(c)   review of procedures;

(d)   regular communications to staff about the processes.”

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 47

EARL HOWE

92AB

Page 38, line 21, leave out subsection (4)

92AC

Page 38, line 34, at end insert—

“( )   Subsection (6) does not apply if section (Section 47: cross-border cases) (cross-
border cases) applies (see subsection (3) of that section).”

92AD

Page 38, line 38, leave out from “by” to “co-operate” in line 39 and insert “another
local authority”

92AE

Page 38, line 40, at end insert—

“(aa)   must, in meeting needs under that subsection which were being
met under arrangements all of part of the cost of which was paid for
by another local authority by means of direct payments, co-operate
with that authority (in so far as it is not already required to do so by
section 6);”

92AF

Page 38, line 41, leave out from “from” to “meeting” in line 42 and insert “the other
local authority mentioned in paragraph (a) or (aa) (as the case may be) the cost it
incurs in”

92AG

Page 38, line 43, leave out “paragraph (a)” and insert “the paragraph in question”

92AH

Page 39, line 4, leave out subsection (10)

After Clause 47

EARL HOWE

92AJ

Insert the following new Clause—

“Section 47: cross-border cases

“(1)   This section applies where, in a case within section 47, immediately before
the registered care provider became unable to carry on the regulated
activity, some or all of the adult’s needs for care and support or the carer’s
needs for support were being met by the carrying on of that activity by the
provider under arrangements made—

(a)   by a local authority in Wales discharging its duty under section 21
or 26, or exercising its power under section 22 or 29, of the Social
Services and Well-being (Wales) Act 2013,

(b)   by a local authority in Scotland discharging its duty under section
12 or 13A of the Social Work (Scotland) Act 1968 or section 25 of the
Mental Health (Care and Treatment) (Scotland) Act 2003, or

(c)   by a Health and Social Care trust under Article 15 of the Health and
Personal Social Services (Northern Ireland) Order 1972 or section 2
of the Carers and Direct Payments Act (Northern Ireland) 2002.

(2)   This section also applies where, in a case within section 47—

(a)   immediately before the registered care provider became unable to
carry on the regulated activity, some or all of the adult’s needs for
care and support or the carer’s needs for support were being met by
the carrying on of that activity by the provider, and

(b)   all or part of the cost of the accommodation or other services
provided by the provider to meet those needs was paid for by
means of direct payments made—

(i)   under section 34 or 36 of the Social Services and Well-being
(Wales) Act 2013,

(ii)   as a result of the choice made by the adult pursuant to
section 5 of the Social Care (Self-directed Support)
(Scotland) Act 2013, or

(iii)   by virtue of section 8 of the Carers and Direct Payments Act
(Northern Ireland) 2002.

(3)   The local authority which is required to meet needs under section 47(2)—

(a)   must, in meeting needs under section 47(2) which were being met
by the authority which made the arrangements referred to in
subsection (1), co-operate with that authority;

(b)   must, in meeting needs under section 47(2) which were being met
by the provision of accommodation or other services all or part of
the cost of which was paid for by an authority by means of direct
payments as referred to in subsection (2), co-operate with that
authority;

(c)   may recover from the authority referred to in paragraph (a) or (b)
(as the case may be) the cost it incurs in meeting those of the adult’s
or carer’s needs referred to in the paragraph in question;

(d)   may recover from the adult or carer the cost it incurs in meeting
those of the adult’s or carer’s needs other than those referred to in
paragraph (a) or (b) (as the case may be).

“(4)   Any dispute between a local authority and a local authority in Wales, a
local authority in Scotland or a Health and Social Care trust about the
application of section 47 or of this section is to be resolved in accordance
with paragraph 5 of Schedule 1.

“(5)   “Local authority in Wales” and “local authority in Scotland” each have the
meaning given in paragraph 8 of Schedule 1.

(6)   The references in paragraphs (a) to (d) of subsection (3) to an authority are
references to a local authority in Wales, a local authority in Scotland or a
Health and Social Care trust (as the case may be).”

92AK

Insert the following new Clause—

“Temporary duty on local authority in Wales

(1)   This section applies where a person registered under Part 2 of the Care
Standards Act 2000 in respect of an establishment or agency—

(a)   becomes unable to carry on or manage the establishment or agency
because of business failure, and

(b)   immediately before becoming unable to do so, was providing an
adult with accommodation or other services in Wales under
arrangements made—

(i)   by a local authority meeting an adult’s needs for care and
support or a carer’s needs for support under Part 1 of this
Act,

(ii)   by a local authority in Scotland discharging its duty under
section 12 or 13A of the Social Work (Scotland) Act 1968 or
section 25 of the Mental Health (Care and Treatment)
(Scotland) Act 2003, or

(iii)   by a Health and Social Care trust under Article 15 of the
Health and Personal Social Services (Northern Ireland)
Order 1972 or section 2 of the Carers and Direct Payments
Act (Northern Ireland) 2002.

(2)   This section also applies where a person registered under Part 2 of the Care
Standards Act 2000 in respect of an establishment or agency—

(a)   becomes unable to carry on or manage the establishment or agency
because of business failure, and

(b)   immediately before becoming unable to do so, was providing an
adult with accommodation or other services in Wales all or part of
the cost of which was paid for by means of direct payments made—

(i)   under this Part of this Act,

(ii)   as a result of the choice made by the adult pursuant to
section 5 of the Social Care (Self-directed Support)
(Scotland) Act 2013, or

(iii)   by virtue of section 8 of the Carers and Direct Payments Act
(Northern Ireland) 2002.

(3)   The local authority in Wales in whose area the accommodation is situated
or the services were provided must for so long as it considers necessary
meet those of the adult’s needs for care and support or the carer’s needs for
support which were being met by the registered person by the provision of
the accommodation or other services.

(4)   A local authority in Wales which is required to meet needs under
subsection (3)—

(a)   must, in meeting needs under that subsection which were being
met by the authority which made the arrangements referred to in
subsection (1)(b), co-operate with that authority;

(b)   must, in meeting needs under subsection (3) which were being met
by the provision of accommodation or other services all or part of
the cost of which was paid for by an authority by means of direct
payments as referred to in subsection (2)(b), co-operate with that
authority;

(c)   may recover from the authority referred to in paragraph (a) or (b)
(as the case may be) the cost it incurs in meeting those of the adult’s
or carer’s needs referred to in the paragraph in question.

(5)   Any dispute about the application of this section is to be resolved in
accordance with paragraph 5 of Schedule 1.

(6)   “Local authority in Wales” and “local authority in Scotland” each have the
meaning given in paragraph 8 of Schedule 1.

(7)   The references in paragraphs (a) to (d) of subsection (4) to an authority are
references to a local authority, a local authority in Scotland or a Health and
Social Care trust (as the case may be).”

92AL

Insert the following new Clause—

“Temporary duty on Health and Social Care trust in Northern Ireland

“(1)   This section applies where a person registered under Part 3 of the Health
and Social Services (Quality, Improvement and Regulation) (Northern
Ireland) Order 2003 in respect of an establishment or agency—

(a)   becomes unable to carry on or manage the establishment or agency
because of business failure, and

(b)   immediately before becoming unable to do so, was providing an
adult with accommodation or other services in Northern Ireland
under arrangements made—

(i)   by a local authority meeting an adult’s needs for care and
support or a carer’s needs for support under Part 1 of this
Act,

(ii)   by a local authority in Wales discharging its duty under
section 21 or 26, or exercising its power under section 22 or
29, of the Social Services and Well-being (Wales) Act 2013,
or

(iii)   by a local authority in Scotland discharging its duty under
section 12 or 13A of the Social Work (Scotland) Act 1968 or
section 25 of the Mental Health (Care and Treatment)
(Scotland) Act 2003.

(2)   This section also applies where a person registered under Part 3 of the
Health and Personal Social Services (Quality, Improvement and
Regulation) (Northern Ireland) Order 2003 in respect of an establishment
or agency—

(a)   becomes unable to carry on or manage the establishment or agency
because of business failure, and

(b)   immediately before becoming unable to do so, the person was
providing an adult with accommodation or other services in
Northern Ireland, all or part of the cost of which was paid for by
means of direct payments made—

(i)   under this Part of this Act,

(ii)   under section 34 or 36 of the Social Services and Well-being
(Wales) Act 2013, or

(iii)   as a result of the choice made by the adult pursuant to
section 5 of the Social Care (Self-directed Support)
(Scotland) Act 2013.

(3)   The Health and Social Care trust in whose area the accommodation is
situated or the services were provided must for so long as it considers
necessary meet those of the adult’s needs for care and support or the carer’s
needs for support which were being met by the registered person by the
provision of the accommodation or other services.

(4)   A Health and Social Care trust which is required to meet needs under
subsection (3)—

(a)   must, in meeting needs under that subsection which were being
met by the authority which made the arrangements referred to in
subsection (1)(b), co-operate with that authority;

(b)   must, in meeting needs under subsection (3) which were being met
by the provision of accommodation or other services all of part of
the cost of which was paid for by an authority by means of direct
payments as referred to in subsection (2)(b), co-operate with that
authority;

(c)   may recover from the authority referred to in paragraph (a) or (b)
(as the case may be) the cost it incurs in meeting those of the adult’s
or carer’s needs referred to in the paragraph in question.

(5)   Any dispute about the application of this section is to be resolved in
accordance with paragraph 5 of Schedule 1.

(6)   “Local authority in Wales” and “local authority in Scotland” each have the
meaning given in paragraph 8 of Schedule 1.

(7)   The references in paragraphs (a) to (d) of subsection (4) to an authority are
references to a local authority, a local authority in Wales or a local authority
in Scotland (as the case may be).”

Clause 48

EARL HOWE

 


Earl Howe gives notice of his intention to oppose the Question that Clause 48 stand part of
the Bill.

Clause 49

EARL HOWE

92AM

Page 40, line 2, leave out “or 48(3)” and insert “, (Temporary duty on local authority in
Wales
)(3) or (Temporary duty on Health and Social Care trust in Northern Ireland(3)”

)
92AN

Page 40, line 4, leave out “or 48(3)”

92AP

Page 40, line 5, at end insert—

“( )   Section 20 of the Social Services and Well-being (Wales) Act 2013 (how to
meet needs) applies to meeting needs under section (3) as it applies to meeting needs under section 21 of that
Act.”

(Temporary duty on local
authority in Wales
)
92AQ

Page 40, line 7, leave out “or 48(3)” and insert “, (Temporary duty on local authority in
Wales
)(3) or (Temporary duty on Health and Social Care trust in Northern Ireland)(3)”

92AR

Page 40, line 13, after “47(2)” insert “, (Temporary duty on local authority in Wales(3)
or (Temporary duty on Health and Social Care trust in Northern Ireland)(3)”

)
92AS

Page 40, line 21, leave out “sections 47(2) and 48(3)” and insert “section 47(2)”

92AT

Page 40, line 21, at end insert—

“(6A)    Sections 30 to 33 of the Social Services and Well-being (Wales) Act 2013
(exceptions to, and restrictions on, duty to meet needs) apply to meeting
needs under section (Temporary duty on local authority in Wales)(3) as they
apply to meeting needs under section 21 of that Act.”

92AU

Page 40, line 30, leave out “or 48(3)”

92AV

Page 40, line 34, leave out “and 48” and insert “, (Temporary duty on local authority
in Wales
) and (Temporary duty on Health and Social Care trust in Northern Ireland)”

92AW

Page 40, line 37, at end insert—

“( )   Pending the commencement of Part 4 of the Social Services and Well-being
(Wales) Act 2013—

(a)   a reference in section (Section 47: cross-border cases) or (Temporary
duty on Health and Social Care trust in Northern Ireland
) to making
arrangements to meet needs under section 21 or 22 of that Act is to
be read as a reference to making arrangements or providing
services under—

(i)   Part 3 of the National Assistance Act 1948,

(ii)   section 45 of the Health Services and Public Health Act 1968,

(iii)   section 117 of the Mental Health Act 1983, or

(iv)   Schedule 15 to the National Health Service (Wales) Act 2006;

(b)   a reference in section (Section 47: cross-border cases) or (Temporary
duty on Health and Social Care trust in Northern Ireland
to making
arrangements to meet needs under section 26 or 29 of that Act is to
be read as a reference to providing services as referred to in section
2 of the Carers and Disabled Children Act 2000;

)

(c)   a reference in section Section 47: cross-border cases) or Temporary
duty on Health and Social Care trust in Northern Ireland
) to making
direct payments under section 34 or 36 of that Act is to be read as a
reference to making direct payments by virtue of section 57 of the
Health and Social Care Act 2001;

( (

(d)   subsection (6A) is to be read as if there were substituted for it—

“(6A)    Sections 21(1A) and (8) and 29(6) of the National Assistance
Act 1948 apply to meeting needs under section (Temporary
duty on local authority in Wales
)(3) as they apply to the
exercise of functions under sections 21 and 29 of that Act by
a local authority in Wales (within the meaning given in
paragraph 8 of Schedule 1).”

92AX

Page 40, line 37, at end insert—

“( )   Pending the commencement of section 5 of the Social Care (Self-directed
Support) (Scotland) Act 2013—

(a)   sections (Section 47: cross-border cases)(2)(b)(ii) and (Temporary duty
on local authority in Wales
)(2)(b)(ii) are to be read as if there were
substituted for each of them—

“(ii)   under section 12B of the Social Work
(Scotland) Act 1968,”, and

(b)   section ()(2)(b)(iii) is to be read as if there were substituted for it—

Temporary duty on Health and Social Care trust in Northern
Ireland

“(iii)   under section 12B of the Social Work
(Scotland) Act 1968.”.”

Clause 52

LORD PATEL OF BRADFORD

92AY

Page 41, line 40, leave out “the Care Quality Commission” and insert “Monitor”

After Clause 52

LORD PATEL OF BRADFORD

92AZ

Insert the following new Clause—

“Accountability of commissioning organisations

(1)   NHS England should have a duty to scrutinise the commissioning plans of
local authorities for adult social care services to ensure that they are
upholding the efficient and effective operation of a market.

(2)   The reference in subsection (1) to an “effective and efficient market” should
be construed in accordance with section 5(1)(a) and (b).”

Clause 53

EARL HOWE

92AZA

Page 42, line 28, leave out “or 48”

92AZB

Page 42, line 30, leave out “or 48(3)”

92AZC

Page 42, line 33, leave out “or 48(3)”

92AZD

Page 42, line 39, leave out “or 48(3)”

Clause 54

EARL HOWE

92AZE

Page 43, line 9, leave out “or 48(3)”

Clause 55

LORD PATEL

BARONESS PITKEATHLEY

LORD ADEBOWALE

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

LORD ADEBOWALE

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.”

LORD PATEL

BARONESS PITKEATHLEY

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]

Clause 56

EARL HOWE

93A

Page 44, line 14, at end insert—

“( )   the impact on the matters specified in section 1(2) of what the
child’s needs for care and support are likely to be after the child
becomes 18,”

BARONESS PITKEATHLEY

93B

Page 44, line 18, leave out paragraph (c)

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 61

BARONESS PITKEATHLEY

104ZZA

Page 48, line 20, leave out paragraph (f)

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,

the local authority must, if it receives no request to carry out a child’s needs
assessment, ensure that such an assessment is initiated before the child
reaches the age of 18, unless this is not in accordance with the wishes of
those persons with whom the authority has a duty to involve when
carrying out such an assessment.”

Clause 64

LORD LIPSEY

104ZB

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

Before Clause 66

LORD WARNER

[In substitution for Amendment 106]

104ZBA

Insert the following new Clause—

“Initial funding assessment

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.”

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.”

After Clause 66

LORD DUBS

104ZE

Insert the following new Clause—

“Access to appeals for care decisions

(1)   In this section “the Tribunal” means the first tier Tribunal.

(2)   Where a local authority—

(a)   makes a decision under section 13(1) that some or all of an adults
needs meet the eligibility criteria, or none of their needs meet the
eligibility criteria,

(b)   exercises its power to charge for meeting needs under section 14,

(c)   completes a financial assessment under section 17,

(d)   makes a determination under section 18 or 19 that it must or may
provide services to meet the adults care and support needs,

(e)   makes a determination under section 20 that it must or may provide
services to meet a carers needs for support,

(f)   has prepared or reviewed a care and support plan, or a care plan
under section 25 or 27,

(g)   has prepared a personal budget under section 26 or 28, or a care
account under section 29,

(h)   the outcome of an inquiry under section 41,

an application may be made to the tribunal within the relevant period.

(3)   The relevant period shall be prescribed by the Secretary of State in
regulations.

(4)   An application may be made by the relevant service user or carer who is the
subject of the relevant decision listed in subsection (2).

(5)   An application may be made by any other person with leave of the
Tribunal.

(6)   The powers of the Tribunal are to—

(a)   dismiss the appeal,

(b)   allow the appeal and quash the decision appealed against, and

(c)   remit the case to the local authority to dispose of in accordance with
the directions of the Tribunal.

(7)   The Tribunal shall have powers to order costs as it see fit.

(8)   The Secretary of State must make regulations concerning the process and
procedures of the Tribunal.

(9)   In making regulations under subsection (8), the Secretary of State must
seek to ensure adequate service user and carer representation on the
Tribunal.”

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.”

LORD PATEL OF BRADFORD

105AA

Page 57, line 25, leave out from beginning to “not” in line 26 and insert “Section 46
does”

EARL HOWE

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.”

LORD PATEL OF BRADFORD

105CA

Page 57, line 29, leave out subsection (7)

EARL HOWE

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”

Clause 70

LORD LOW OF DALSTON

105NA

Page 58, line 20, at end insert—

“( )   A local authority must make contact with adults who have recently been
certified sight-impaired or severely sight-impaired and who are ordinarily
resident in its area.

( )   Regulations may specify the period after the issue of a Certificate of Vision
Impairment within which a local authority must make contact with a sight-
impaired or severely sight-impaired adult and the form of such contact.”

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
9local authority charges for adult social care.”

LORD PATEL

LORD WARNER

[As an amendment to Amendment 105P]

105PA


Line 9, at end insert—

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

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);”

105W

Page 89, line 15, at end insert “and the Department for Health, Social Services and
Public Safety in Northern Ireland”

Clause 111

106

[Withdrawn]

EARL HOWE

106A

Page 89, line 39, leave out “48” and insert “(Temporary duty on local authority in
Wales
)”

106B

Page 89, line 40, leave out from “force,” to first “the” in line 41

106C

Page 89, line 42, at end insert—

“( )   Before making an order under this section bringing section (Temporary duty
on Health and Social Care trust in Northern Ireland
) (provider failure:
temporary duty on Health and Social Care trusts in cross-border cases) into
force, the Secretary of State must obtain the consent of the Department for
Health, Social Services and Public Safety in Northern Ireland.”

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.”

Clause 112

EARL HOWE

108

Page 90, line 7, at end insert—

“( )   sections (Section 47: cross-border cases), (Temporary duty on local
authority in Wales
), (Temporary duty on Health and Social Care trust in
Northern Ireland
) and 49 (provider failure: temporary duty in
relation to cross-border cases);”

Prepared 19th July 2013