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Care Bill [HL]


 
 

 

Care Bill [HL]

motions to be moved

on consideration of commons amendments

11A

Lord Low of Dalston to move, as an amendment to the motion that this House

do agree with the Commons in their Amendment 11, at end insert “, and do

propose Amendment 11B in lieu of the words so left out of the Bill”.

Clause 48

11BParliamentary Star

Insert the following new Clause—

 

“Provision of certain care and support services to be public function

 

(1)    

A person (“P”) who provides regulated social care for an individual under

 

arrangements made with P by a public authority, or paid for by a public

 

authority, 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.”

 

45A

 

Lord Owen to move, as an amendment to the motion that this House do agree

 

with the Commons in their Amendment 45, leave out from “House” to end and

 

insert “do disagree with the Commons in their Amendment 45 and do propose

 

Amendment 45B in lieu thereof”.

 
 

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2

 
  

After Clause 118

 

After Clause 118

45BParliamentary Star

Insert the following new Clause—

 

“Parliamentary control over the Health and Social Care Information Centre

 

(1)    

This section applies to—

 

(a)    

an information standard under section 250,

 

(b)    

guidance of the Secretary of State under section 253(1)(b),

 

(c)    

guidance of the Board under section 253(1)(c),

 

(d)    

a direction of the Secretary of State under section 254(1),

 

(e)    

a request of any person under section 255(1),

 

(f)    

a procedure of the Information Centre under section 257(1),

 

(g)    

exercise by the Information Centre of its power under section 259(1)

 

and duty under section 259(8),

 

(h)    

exercise by the Information Centre of its duties and powers under

 

section 260,

 

(i)    

exercise by the Information Centre of its powers under section

 

261(1), 261(4) and 261(5),

 

(j)    

dissemination of information by the Information Centre in reliance

 

upon section 261(7),

 

(k)    

a requirement imposed on or a request made to the Information

 

Centre to which section 262 applies,

 

(l)    

the code of practice on confidential information under section 263,

 

(m)    

the Information Register under section 264, and

 

(n)    

advice, guidance and requests under section 265.

 

(2)    

The matters to which this section applies by virtue of subsection (1) shall

 

not take effect unless an order has been made by the Secretary of State in

 

accordance with the super-affirmative resolution procedure under section

 

18 of the Legislative and Regulatory Reform Act 2006; and the provisions

 

of Part 1 of that Act shall apply to such an order as if it was to be made and

 

was made under that Part.

 

(3)    

Regulations under section 267, section 268, section 269, section 274 and

 

paragraph 8A of Schedule 7 of the Care Act 2014 shall not take effect

 

without an order as is referred to in subsection (2).

 

(4)    

Nothing in this section shall prevent the Information Centre from

 

performing its functions to the extent that they are functions which were

 

previously those of the Health and Social Care Information Centre under

 

The Health and Social Care Information Centre (Establishment and

 

Constitution) Order 2005.”

 
 

 


 
 


 
 

   
 

motions to be moved

 
 

on consideration of commons amendments

 
   

13th March 2014

 

 

PUBLISHED BY AUTHORITY OF THE HOUSE OF LORDS

LONDON – THE STATIONERY OFFICE LIMITED

£3.00

HL Bill 93(a)                                                                                                 

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