Care Bill [HL]

motions and amendments to be moved
on consideration of Commons amendments

Clause 48

COMMONS AMENDMENT NO. 11

EARL HOWE

 

Earl Howe to move, That this House do agree with the Commons in their
Amendment 11 and do propose the following amendments in lieu of the words
so left out of the Bill—

 

Insert the following new Clause—

“Human Rights Act 1998: provision of regulated care or support etc to be public
function

(1)     This section applies where—

(a)   in England, a registered care provider provides care and support to
an adult or support to a carer, in the course of providing—

(i)   personal care in a place where the adult receiving the
personal care is living when the personal care is provided,
or

(ii)   residential accommodation together with nursing or
personal care;

(b)   in Wales, a person registered under Part 2 of the Care Standards Act
2000 provides care and support to an adult, or support to a carer, in
the course of providing—

(i)   personal care in a place where the adult receiving the
personal care is living when the personal care is provided,
or

(ii)   residential accommodation together with nursing or
personal care;

(c)   in Scotland, a person provides advice, guidance or assistance to an
adult or support to a carer, in the course of a care service which is
registered under section 59 of the Public Services Reform (Scotland)
Act 2010 and which consists of the provision of—

(i)   personal care in a place where the adult receiving the
personal care is living when the personal care is provided,
or

(ii)   residential accommodation together with nursing or
personal care;

(d)   in Northern Ireland, a person registered under Part 3 of the Health
and Personal Social Services (Quality, Improvement and
Regulation) (Northern Ireland) Order 2003 provides advice,
guidance or assistance to an adult or services to a carer, in the
course of providing—

(i)   personal care in a place where the adult receiving the
personal care is living when the personal care is provided,
or

(ii)   residential accommodation together with nursing or
personal care.

In this section “the care or support” means the care and support, support,
advice, guidance, assistance or services provided as mentioned above, and
“the provider” means the person who provides the care or support.

(2)     The provider is to be taken for the purposes of section 6(3)(b) of the Human
Rights Act 1998 (acts of public authorities) to be exercising a function of a
public nature in providing the care or support, if the requirements of
subsection (3) are met.

(3)     The requirements are that—

(a)   the care or support is arranged by an authority listed in column 1 of
the Table below, or paid for (directly or indirectly, and in whole or
in part) by such an authority, and

(b)   the authority arranges or pays for the care or support under a
provision listed in the corresponding entry in column 2 of the Table.

TABLE
 
Authority

Provisions imposing duty or conferring power to
meet needs
 
Local authority in
England

Sections 2, 18, 19, 20, 38 and 49 of this Act.
 
Local authority in
Wales

Part 4 and section 189 of the Social Services and
Well-being (Wales) Act 2014.
 
Section 51 of this Act.
 
Local authority in
Scotland

Sections 12, 13A, 13B and 14 of the Social Work
(Scotland) Act 1968.
 
Section 3 of the Social Care (Self-directed
Support) (Scotland) Act 2013.
 
Health and Social
Care trust

Article 15 of the Health and Personal Social
Services (Northern Ireland) Order 1972.
 
Section 52 of this Act.
 
Authority (within
the meaning of
section 10 of the
Carers and Direct
Payments Act
(Northern Ireland)
2002)

Section 2 of the Carers and Direct Payments Act
(Northern Ireland) 2002.

(4)     In this section—

“local authority in England” means a local authority for the purposes
of this Part;

“local authority in Wales” means a local authority for the purposes of
the Social Services and Well-being (Wales) Act 2014;

“local authority in Scotland” means a council constituted under
section 2 of the Local Government etc. (Scotland) Act 1994;

“nursing care”, for England, Wales and Northern Ireland, has the
same meaning as in the Health and Social Care Act 2008 (Regulated
Activities) Regulations 2010, as amended from time to time;

“personal care”—

(a)   for England, Wales and Northern Ireland, has the same
meaning as in the Health and Social Care Act 2008
(Regulated Activities) Regulations 2010, as amended from
time to time;

(b)   for Scotland, has the same meaning as in Part 5 of the Public
Services Reform (Scotland) Act 2010, as amended from time
to time.”

 

Lord Hunt of Kings Heath to move that this House do agree with the Commons
in their Amendment 45 and do propose Amendment 45A thereto.

45A*

Line 15, at end insert—

“(1B)    Regulations must provide for the circumstances in which information for
the promotion of health can be disseminated.”

Clause 124

 

Page 106, line 37, at end insert—

“(ba)   section (Human Rights Act 1998: provision of regulated care or support
etc to be public function
) (Human Rights Act 1998: provision of
regulated care or support etc to be public function);”

Prepared 2nd May 2014