Care Bill [HL]

motion to be moved
on consideration of Commons amendments

Clause 118



Lord Hunt of Kings Heath to move, that this House do agree with the Commons
in their Amendments 40 to 43 and do propose Amendment 41A in consequence


Page 102, line 33, at end insert—

“(6A)    After subsection (4) of that section insert—

“(5)     The Secretary of State shall lay copies of any Guidance issued under
subsection (1) and of any alteration of any such Guidance before
Parliament; and if either House of Parliament passes a resolution
requiring the Guidance or any alteration in it to be withdrawn the
Secretary of State or Monitor shall withdraw the Guidance and,
where the Guidance is withdrawn, shall prepare further Guidance
in substitution for the one which is withdrawn.

(6)     No resolution shall be passed by either House of Parliament under
subsection (5) above in respect of Guidance or alteration to
Guidance after the expiration of the period of 40 days beginning
with the day on which a copy of the Guidance or alteration to the
Guidance was laid before that House; but for the purposes of this
subsection no account shall be taken of any time during which
Parliament is dissolved or prorogued or during which both Houses
are adjourned for more than four days.

(7)     Any Guidance published under subsection (1) above may add
further objectives for the administrator in addition to the objectives
outlined in section 65DA, and where any such objectives are added
in Guidance, those objectives shall have equal standing with the
objectives under section 65DA.

(8)     The objectives that the Secretary of State and Monitor are entitled to
add under subsection (6) hereof include the objective of ensuring
that all commissioners of NHS services at providers who are or may
be affected by recommendations by an administrator shall as far as
is reasonably practicable be treated equally.””

Prepared 2nd April 2014