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Care Bill (HL Bill 53)

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EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Health, are published
separately as HL Bill 1—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Earl Howe has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:

In my view the provisions of the Care Bill [HL] are compatible with the Convention
rights.

Contents

  1. Part 1

    Care and support

    1. General responsibilities of local authorities

      1. 1. Promoting individual well-being

      2. 2. Preventing needs for care and support

      3. 3. Promoting integration of care and support with health services etc.

      4. 4. Providing information and advice

      5. 5. Promoting diversity and quality in provision of services

      6. 6. Co-operating generally

      7. 7. Co-operating in specific cases

    2. Meeting needs for care etc.

      1. 8. How to meet needs

    3. Assessing needs

      1. 9. Assessment of an adult’s needs for care and support

      2. 10. Assessment of a carer’s needs for support

      3. 11. Refusal of assessment

      4. 12. Assessments under sections 9 and 10: further provision

      5. 13. The eligibility criteria

    4. Imposing charges and assessing financial resources

      1. 14. Power of local authority to charge

      2. 15. Cap on care costs

      3. 16. Cap on care costs: annual adjustment

      4. 17. Assessment of financial resources

    5. Duties and powers to meet needs

      1. 18. Duty to meet needs for care and support

      2. 19. Power to meet needs for care and support

      3. 20. Duty and power to meet a carer’s needs for support

      4. 21. Exception for persons subject to immigration control

      5. 22. Exception for provision of health services

      6. 23. Exception for provision of housing etc.

    6. Next steps after assessments

      1. 24. The steps for the local authority to take

      2. 25. Care and support plan, support plan

      3. 26. Personal budget

      4. 27. Review of care and support plan or of support plan

      5. 28. Independent personal budget

      6. 29. Care account

      7. 30. Cases where adult expresses preference for particular accommodation

    7. Direct payments

      1. 31. Adults with capacity to request direct payments

      2. 32. Adults without capacity to request direct payments

      3. 33. Direct payments: further provision

    8. Deferred payment agreements, etc.

      1. 34. Deferred payment agreements and loans

      2. 35. Deferred payment agreements and loans: further provision

      3. 36. Alternative financial arrangements

    9. Continuity of care and support when adult moves

      1. 37. Notification, assessment, etc.

      2. 38. Case where assessments not complete on day of move

    10. Establishing where a person lives, etc.

      1. 39. Where a person’s ordinary residence is

      2. 40. Disputes about ordinary residence or continuity of care

      3. 41. Financial adjustments between local authorities

    11. Safeguarding adults at risk of abuse or neglect

      1. 42. Enquiry by local authority

      2. 43. Safeguarding Adults Boards

      3. 44. Safeguarding adults reviews

      4. 45. Supply of information

      5. 46. Abolition of local authority’s power to remove persons in need of care

      6. 47. Protecting property of adults being cared for away from home

    12. Public functions under the Human Rights Act 1998

      1. 48. Provision of “care and support services”

    13. Provider failure

      1. 49. Temporary duty on local authority

      2. 50. Section 49: cross-border cases

      3. 51. Temporary duty on local authority in Wales

      4. 52. Temporary duty on Health and Social Care trust in Northern Ireland

      5. 53. Sections 49 to 52: supplementary

    14. Market oversight

      1. 54. Specifying criteria for application of market oversight regime

      2. 55. Determining whether criteria apply to care provider

      3. 56. Assessment of financial sustainability of care provider

      4. 57. Informing local authorities where failure of care provider likely

      5. 58. Sections 55 to 57: supplementary

    15. Transition for children to adult care and support, etc.

      1. 59. Assessment of a child’s needs for care and support

      2. 60. Child’s needs assessment: requirements etc.

      3. 61. Assessment of a child’s carer’s needs for support

      4. 62. Child’s carer’s assessment: requirements etc.

      5. 63. Power to meet child’s carer’s needs for support

      6. 64. Assessment of a young carer’s needs for support

      7. 65. Young carer’s assessment: requirements etc.

      8. 66. Assessments under sections 59 to 65: further provision

      9. 67. Continuity of services under other legislation

    16. Independent advocacy support

      1. 68. Involvement in assessments, plans etc.

      2. 69. Safeguarding enquiries and reviews

    17. Enforcement of debts

      1. 70. Recovery of charges, interest etc.

      2. 71. Transfer of assets to avoid charges

    18. Review of funding provisions

      1. 72. Five-yearly review by Secretary of State

    19. Miscellaneous

      1. 73. Discharge of hospital patients with care and support needs

      2. 74. After-care under the Mental Health Act 1983

      3. 75. Prisoners and persons in approved premises etc.

      4. 76. Registers of sight-impaired adults, disabled adults, etc.

      5. 77. Guidance, etc.

      6. 78. Delegation of local authority functions

    20. General

      1. 79. Part 1: interpretation

  2. Part 2

    Care standards

    1. Quality of services

      1. 80. Duty of candour

      2. 81. Warning notice

      3. 82. Imposition of licence conditions on NHS foundation trusts

      4. 83. Trust special administration: appointment of administrator

      5. 84. Trust special administration: objective, consultation and reports

    2. Care Quality Commission

      1. 85. Restriction on applications for variation or removal of conditions

      2. 86. Unitary board

    3. Increasing the independence of the Care Quality Commission

      1. 87. Chief Inspectors

      2. 88. Independence of the Care Quality Commission

    4. Performance ratings

      1. 89. Reviews and performance assessments

    5. False or misleading information

      1. 90. Offence

      2. 91. Penalties

      3. 92. Offences by bodies

    6. Regulated activities

      1. 93. Training for persons working in regulated activity

  3. Part 3

    Health

    1. Chapter 1

      Health Education England

      1. Establishment

        1. 94. Health Education England

      2. National functions

        1. 95. Planning education and training for health care workers etc.

        2. 96. Ensuring sufficient skilled health care workers for the health service

        3. 97. Quality improvement in education and training, etc.

        4. 98. Objectives, priorities and outcomes

        5. 99. Sections 96 and 98: matters to which HEE must have regard

        6. 100. Advice

      3. Local functions

        1. 101. Local Education and Training Boards

        2. 102. LETBs: appointment etc.

        3. 103. LETBs: co-operation by providers of health services

        4. 104. Education and training plans

        5. 105. Commissioning education and training

      4. Tariffs

        1. 106. Tariffs

    2. Chapter 2

      Health Research Authority

      1. Establishment

        1. 107. The Health Research Authority

      2. General functions

        1. 108. The HRA’s functions

      3. Regulatory practice

        1. 109. Co-ordinating and promoting regulatory practice etc.

      4. Research ethics committees

        1. 110. The HRA’s policy on research ethics committees

        2. 111. Approval of research

        3. 112. Recognition by the HRA

        4. 113. Establishment by the HRA

        5. 114. Membership of the United Kingdom Ethics Committee Authority

      5. Patient information

        1. 115. Approval for processing confidential patient information

    3. Chapter 3

      Chapters 1 and 2: supplementary

      1. Miscellaneous

        1. 116. Transfer orders

      2. General

        1. 117. Chapters 1 and 2: interpretation and supplementary provision

    4. Chapter 4

      Trust special administration

      1. 118. Powers of administrator etc.

  4. Part 4

    General

    1. 119. Power to make consequential provision

    2. 120. Power to make transitional etc. provision

    3. 121. Regulations and orders

    4. 122. General interpretation

    5. 123. Commencement

    6. 124. Extent and application

    7. 125. Short title

    1. Schedule 1

      Cross-border placements

    2. Schedule 2

      Safeguarding Adults Boards

    3. Schedule 3

      Discharge of hospital patients with care and support needs

    4. Schedule 4

      Direct payments: after-care under the Mental Health Act 1983

      1. Part 1

        After-care under the Mental Health Act 1983: direct payments

      2. Part 2

        Provision to be inserted in Social Services and Well-Being
        (Wales) Act 2013

    5. Schedule 5

      Health Education England

      1. Part 1

        Constitution

      2. Part 2

        Functions

      3. Part 3

        Finance and reports

      4. Part 4

        Consequential amendments

    6. Schedule 6

      Local Education and Training Boards

    7. Schedule 7

      The Health Research Authority

      1. Part 1

        Constitution

      2. Part 2

        Functions

      3. Part 3

        Finance and reports

      4. Part 4

        Consequential amendments

    8. Schedule 8

      Research ethics committees: amendments

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