Care Bill [HL]

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).”

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.”

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).”

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.”

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

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.”

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

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

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.”.”

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

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.”

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

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).”

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

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);”

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”

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

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

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)   “The relevant adult” has the meaning given in section 47(9).

“(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 (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).”

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).”

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).”

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

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)”

Page 40, line 4, leave out “or 48(3)”

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 (Temporary duty on local
authority in Wales)(3) as it applies to meeting needs under section 21 of that
Act.”

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)”

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)”

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

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.”

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

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)”

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).”

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 (Temporary duty on Health and Social Care trust in Northern
Ireland)(2)(b)(iii) is to be read as if there were substituted for it—

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

Page 42, line 28, leave out “or 48”

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

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

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

Page 43, line 9, leave out “or 48(3)”

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,”

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

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

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

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.”

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 placements);”