Care Bill [HL]

REVISED MARSHALLED LIST FOR CONSIDERATION OF Commons
Amendments

[The page and line references are to Bill 123, the Bill as first printed for the Commons.]

Clause 7

1

Page 8, line 23, leave out subsection (6)

Clause 17

2

Page 16, line 34, leave out “will not” and insert “is not permitted to, or may (but
need not),”

3

Page 16, line 43, leave out “will not” and insert “is not permitted to, or may (but
need not),”

Clause 25

4

Page 24, line 21, at end insert—

“(14)    The regulations may in particular specify that the paragraphs in question
do not apply as regards specified needs or matters.”

Clause 26

5

Page 24, line 40, at end insert—

“(4)     Regulations may make provision for excluding costs to a local authority
from a personal budget if the costs are incurred in meeting needs for which
the authority—

(a)   does not make a charge, or

(b)   is not permitted to make a charge.”

Clause 33

6

Page 29, line 22, at end insert—

“(da)   cases or circumstances in which an adult who lacks capacity to
request the making of direct payments must or may nonetheless be
regarded for the purposes of this Part or the regulations as having
capacity to do so;”

7

Page 29, line 24, leave out “request the making of direct payments” and insert
“make such a request”

8

Page 29, line 25, leave out “the purposes of this Part or the regulations” and insert
“any of those purposes”

Clause 34

9

Page 30, line 36, after “amount” insert “or loan”

10

Page 30, line 38, after “amount” insert “or loan”

Clause 48

11

Leave out Clause 48

11A

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

Before Clause 73

11B

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.”

Clause 124

11C

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);”

Clause 60

12

Page 51, line 37, leave out ““Parent” and “carer” each have” and insert ““Carer”
has”

Clause 61

13

Page 52, line 20, leave out “with “parent” having the meaning given in section 59”

Clause 62

14

Page 53, line 19, at end insert—

“(5A)    Where, in the case of a carer to whom a child’s carer’s assessment relates,
the child becomes 18, the local authority must decide whether to treat the
assessment as a carer’s assessment; and if the authority decides to do so,
this Part applies to the child’s carer’s assessment as if it were a carer’s
assessment that had been carried out after the child had become 18.

(5B)    In considering what to decide under subsection (5A), a local authority must
have regard to—

“(a)   when the child’s carer’s assessment was carried out, and

(b)   whether it appears to the authority that the circumstances of the
carer to whom the child’s carer’s assessment relates have changed
in a way that might affect the assessment.”

Clause 63

15

Page 53, line 30, at end insert—

“(4)     “Carer” has the same meaning as in section 61.”

Clause 64

16

Page 54, line 20, leave out subsection (7)

Clause 65

17

Page 55, line 40, leave out subsection (9)

Clause 67

18

Page 56, leave out lines 43 to 46 and insert—

“(1)     Subsections (2) to (4) apply where a local authority in England providing
services for a child in need in the exercise of functions conferred by section
17—

(a)   are required by section 59(1) or 64(1) of the Care Act 2014 to carry
out a child’s needs assessment or young carer’s assessment in
relation to the child, or

(b)   are required by section 61(1) of that Act to carry out a child’s carer’s
assessment in relation to a carer of the child.”

19

Page 57, line 1, leave out “requested”

20

Page 57, line 3, after “60(6)” insert “, 62(5A)”

21

Page 57, line 7, leave out “requested”

22

Page 57, line 9, after “60(6)” insert “, 62(5A)”

23

Page 57, line 15, leave out “decide to comply with the request but”

24

Page 57, line 21, at end insert—

“(4A)    Subsection (5) applies where a local authority in England providing
services for a child in need in the exercise of functions conferred by section
17—

(a)   receive a request for a child’s needs assessment or young carer’s
assessment to be carried out in relation to the child or for a child’s
carer’s assessment to be carried out in relation to a carer of the child,
but

(b)   have yet to be required by section 59(1), 61(1) or 64(1) of the Care
Act 2014 to carry out the assessment.”

25

Page 57, line 38, after first “assessment”,” insert ““child’s carer’s assessment”,”

26

Page 58, leave out lines 11 to 13 and insert—

“(1)     Subsections (2) to (4) apply where a local authority in England making
arrangements for a disabled child under section 2 are required by section
59(1) of the Care Act 2014 to carry out a child’s needs assessment in relation
to the child.”

27

Page 58, line 14, leave out “requested”

28

Page 58, line 20, leave out “requested”

29

Page 58, line 27, leave out “decide to comply with the request but”

30

Page 58, line 33, at end insert—

“(4A)    Subsection (5) applies where a local authority in England making
arrangements for a disabled child under section 2—

(a)   receive a request for a child’s needs assessment to be carried out in
relation to the child, but

(b)   have yet to be required by section 59(1) of the Care Act 2014 to carry
out the assessment.”

31

Page 59, line 6, leave out subsection (4)

After Clause 72

32

Insert the following new Clause—

“Part 1 appeals

(1)     Regulations may make provision for appeals against decisions taken by a
local authority in the exercise of functions under this Part in respect of an
individual (including decisions taken before the coming into force of the
first regulations made under this subsection).

(2)     The regulations may in particular make provision about—

(a)   who may (and may not) bring an appeal;

(b)   grounds on which an appeal may be brought;

(c)   pre-conditions for bringing an appeal;

(d)   how an appeal is to be brought and dealt with (including time
limits);

(e)   who is to consider an appeal;

(f)   matters to be taken into account (and disregarded) by the person or
body considering an appeal;

(g)   powers of the person or body deciding an appeal;

(h)   what action is to be taken by a local authority as a result of an appeal
decision;

(i)   providing information about the right to bring an appeal, appeal
procedures and other sources of information and advice;

(j)   representation and support for an individual bringing or otherwise
involved in an appeal;

(k)   investigations into things done or not done by a person or body
with power to consider an appeal.

(3)     Provision about pre-conditions for bringing an appeal may require
specified steps to have been taken before an appeal is brought.

(4)     Provision about how an appeal is to be dealt with may include provision
for—

(a)   the appeal to be treated as, or as part of, an appeal brought or
complaint made under another procedure;

(b)   the appeal to be considered with any such appeal or complaint.

(5)     Provision about who is to consider an appeal may include provision—

(a)   establishing, or requiring or permitting the establishment of, a
panel or other body to consider an appeal;

(b)   requiring an appeal to be considered by, or by persons who include,
persons with a specified description of expertise or experience.

(6)     Provision about representation and support for an individual may include
provision applying any provision of or made under section 68, with or
without modifications.

(7)     The regulations may make provision for—

(a)   an appeal brought or complaint made under another procedure to
be treated as, or as part of, an appeal brought under the regulations;

(b)   an appeal brought or complaint made under another procedure to
be considered with an appeal brought under the regulations;

(c)   matters raised in an appeal brought under the regulations to be
taken into account by the person or body considering an appeal
brought or complaint made under another procedure.

(8)     The regulations may include provision conferring functions on a person or
body established by or under an Act (including an Act passed after the
passing of this Act); for that purpose, the regulations may amend, repeal,
51revoke or otherwise modify an enactment.

(9)     Regulations may make provision, in relation to a case where an appeal is
brought under regulations under subsection (1)—

(a)   for any provision of this Part to apply, for a specified period, as if a
decision (“the interim decision”) differing from the decision
appealed against had been made;

(b)   as to what the terms of the interim decision are, or as to how and by
whom they are to be determined;

(c)   for financial adjustments to be made following a decision on the
appeal.

(10)     The period specified under subsection (9)(a) may not begin earlier than the
date on which the decision appealed against was made, or end later than
the date on which the decision on the appeal takes effect.”

EARL HOWE

[As an amendment to Commons Amendment 32]

32A*


Line 51, leave out “revoke or otherwise modify an enactment” and insert “or
revoke an enactment, or provide for an enactment to apply with specified
modifications”

32B*

Earl Howe to move, as an Amendment to the motion that this House do agree
with the Commons in their Amendment 32, at end insert “and do propose
Amendments 32C and 32D as consequential amendments”.

Clause 35

32C*

Page 32, line 5, “revoke or otherwise modify an enactment” and insert “or revoke
an enactment, or provide for an enactment to apply with specified modifications”

Clause 119

32D*

Page 103, line 42, “revoke or otherwise modify an enactment” and insert “or revoke
an enactment, or provide for an enactment to apply with specified modifications.”

Clause 78

33

Page 69, line 39, leave out paragraph (d)

Clause 79

34

Page 71, line 18, at end insert—

 
“Child’s carer’s assessment

Section 61(2)
 
Child’s needs assessment

Section 59(2)”
35

Page 71, line 29, at end insert—

 
“Parent

Section 59(6)”
36

Page 72, line 3, at end insert—

 
“Young carer

Section 64(6)
 
Young carer’s assessment

Section 64(2)”

After Clause 85

37

Insert the following new Clause—

“Rights of appeal

(1)     In section 26 of the Health and Social Care Act 2008 (registration procedure:
notice of proposals), after subsection (4) insert—

“(4A)    Where a proposal under subsection (4) names an individual and
specifies action that the Commission would require the registered
person to take in relation to that individual, the Commission must
give that individual notice in writing of the proposal.”

(2)     In section 28 of that Act (notice of decisions), in subsection (6), for
“subsection (7)” substitute “subsections (7) to (9)”.

(3)     In that section, after subsection (7) insert—

“(8)     But in a case where notice of the proposal has been given to an
individual under section 26(4A) subsection (7) does not apply
unless, by the time the Commission receives the applicant’s
notification, it has received notification from the individual that he
or she does not intend to appeal.

(9)     And if the Commission receives notification from the individual
after it receives the applicant’s notification and before the end of the
period mentioned in subsection (6)(a), the decision is to take effect
when the Commission receives the individual’s notification.””

Clause 89

38

Page 80, line 29, leave out “or local authority”

Clause 108

39

Page 95, line 2, after “individuals” insert “aged 18 or over who are”

Clause 118

40

Page 102, line 19, at end insert—

“(3A)    After subsection (7) of that section insert—

“(8)     Where the administrator recommends taking action in relation to
another NHS foundation trust or an NHS trust, the references in
subsection (5) to a commissioner also include a reference to a person
to which the other NHS foundation trust or the NHS trust provides
services under this Act that would be affected by the action.”.”

40A

Earl Howe to move, That this House do disagree with the Commons in their
Amendment 40 but do propose Amendments 40B to 40E in lieu—

40B

Page 102, line 19, at end insert—

“(3A)    In subsection (5)(a) of that section, for “would achieve the objective set out
in section 65DA(1)(a)” substitute “—

(i)   would achieve the objective set out in section
65DA(1)(a), and

(ii)   would do so without harming essential services
provided for the purposes of the NHS by any other
NHS foundation trust or NHS trust that provides
services under this Act to the commissioner,”.”

(3B)    After subsection (7) of that section insert—

“(8)     Where the administrator recommends taking action in relation to
another NHS foundation trust or an NHS trust, the references in
subsection (5) to a commissioner also include a reference to a person
to which the other NHS foundation trust or the NHS trust provides
services under this Act that would be affected by the action.

(9)     A service provided by an NHS foundation trust or an NHS trust is
an essential service for the purposes of subsection (5) if the person
making the statement in question is satisfied that the criterion in
section 65DA(3) is met.

(10)     Section 65DA(4) applies to the person making the statement when
that person is determining whether that criterion is met.”

40C

Page 102, line 21, at end insert—

“(4A)    In subsection (4)(a) of that section, for “would achieve the objective set out
in section 65DA(1)(a)” substitute “—

(i)   would achieve the objective set out in section
65DA(1)(a), and

(ii)   would do so without harming essential services
provided for the purposes of the NHS by any other
NHS foundation trust or NHS trust that provides
services under this Act to the commissioner,”.”

40D

Page 102, line 27, at end insert—

“(8)     A service provided by an NHS foundation trust or an NHS trust is
an essential service for the purposes of subsection (4) if the person
making the statement in question is satisfied that the criterion in
section 65DA(3) is met.

(9)     Section 65DA(4) applies to the person making the statement when
that person is determining whether that criterion is met.””

40E

Page 103, line 25, leave out from beginning to end of line 26 and insert—

““(2)    In subsection (4)(a)(ii) of that section, omit “or NHS
trust”.

(3)     In subsection (7) of that section, omit “or an NHS trust”
and “or the NHS trust”.

(4)     In subsection (8) of that section, omit “or an NHS trust”.”

41

Page 102, line 27, at end insert—

“(5A)    In section 65H of that Act (consultation requirements), in subsection (4)—

(a)   after “trust special administrator must” insert “—

(a)   ”, and

(b)   at the end insert “, and

(b)   in the case of each affected trust, hold at least one
meeting to seek responses from staff of the trust and
from such persons as the trust special administrator
may recognise as representing staff of the trust.”

(5B)    In subsection (7) of that section, after paragraph (b) (but before paragraph
(ba) inserted by section 84(10)(a)) insert—

“(bza)   any affected trust;

(bzb)   any person to which an affected trust provides goods or
services under this Act that would be affected by the action
recommended in the draft report;

‘(bzc)   any local authority in whose area the trust provides goods
or services under this Act;

(bzd)   any local authority in whose area an affected trust provides
goods or services under this Act;

(bze)   any Local Healthwatch organisation for the area of a local
authority mentioned in paragraph (bzc) or (bzd);”.

(5C)    In subsection (8) of that section, omit paragraph (e).

(5D)    In subsection (9) of that section—

(a)   after “trust special administrator must” insert “—

(a)   ”,

(b)   after “subsection (7)(b),” (but before the insertion made by section
84(10)(b)) insert “(bzb),”, and

(c)   at the end insert—

“(b)   hold at least one meeting to seek responses from
representatives of each of the trusts from which the
administrator must request a written response
under subsection (7)(bza), and

(c)   hold at least one meeting to seek responses from
representatives of each of the local authorities and
Local Healthwatch organisations from which the
administrator must request a written response
under subsection (7)(bzc), (bzd) and (bze).”

(5E)    After subsection (11) of that section, insert—

“(11A)   In this section, “affected trust” means—

(a)   where the trust in question is an NHS trust, another NHS
trust, or an NHS foundation trust, which provides goods or
services under this Act that would be affected by the action
recommended in the draft report;

(b)   where the trust in question is an NHS foundation trust,
another NHS foundation trust, or an NHS trust, which
provides services under this Act that would be affected by
the action recommended in the draft report.

(11B)    In this section, a reference to a local authority includes a reference
to the council of a district only where the district is comprised in an
area for which there is no county council.”

(5F)    In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “, (bzb),
52(bzc) and (bzd).”

LORD HUNT OF KINGS HEATH

[As an amendment to Commons Amendment 41]

41A


Line 52, at end insert—

“(5G)    In section 65N of that Act (guidance), after subsection (4) 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.””

42

Page 103, line 22, at end insert—

“(ba)   in that paragraph, after sub-paragraph (7) insert—

“(8)     Omit subsection (8).”.”

42A

Earl Howe to move, That this House do disagree with the Commons in their
Amendment 42 but do propose Amendments 42B and 42C in lieu—

42B

Page 102, line 14, leave out subsection (3)

42C

Page 103, line 20, leave out paragraph (b) and insert—

“(b)   in paragraph 15(4), in the new subsection (2A) to be inserted into
section 65F of the National Health Service Act 2006, in paragraph
(a), for “would achieve the objective set out in section 65DA(1)(a)”
substitute “—

(i)   would achieve the objective set out in section
65DA(1)(a), and

(ii)   would do so without harming essential
services provided for the purposes of the
NHS by any other NHS foundation trust that
provides services under this Act to the
commissioner,”,

(ba)   in paragraph 15(4), after the new subsection (2C) to be inserted into
that section, insert—

“(2D)    Where the administrator recommends taking action in
relation to another NHS foundation trust, the references in
subsection (2A) to a commissioner also include a reference
to a person to which the other NHS foundation trust
provides services under this Act that would be affected by
the action.

(2E)    A service provided by an NHS foundation trust is an
essential service for the purposes of subsection (2A) if the
person making the statement in question is satisfied that the
criterion in section 65DA(3) is met.

(2F)    Section 65DA(4) applies to the person making the statement
when that person is determining whether that criterion is
met.”,

(bb)   in paragraph 15, after sub-paragraph (7) insert—

“(8)     Omit subsections (8) to (10).”.”

43

Page 103, line 26, at end insert—

“(ca)   in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)”
substitute “paragraphs (b), (bzb), (bzc) and (bzd)”,

(cb)   in that paragraph, after sub-paragraph (4) insert—

“(4A)    In subsection (11A)—

(a)   omit paragraph (a), and

(b)   in paragraph (b), omit “where the trust in
question is an NHS foundation trust,” and “, or an
NHS trust,”.”.”

43A

Baroness Finlay of Llandaff to move, as an amendment to the motion that the
House do agree with the Commons in their Amendment 43, at end insert “and
do propose Amendment 43B as a consequential amendment”.

43B

Page 103, line 36, at end insert—

“(11)    Section 65DA of the National Health Service Act 2006 (Chapter 5A of Part
2: Objective of trust special administration) is amended as follows.

(12)     In subsection (1)—

(a)   omit “objective” and insert “objectives”, and

(b)   omit “is” and insert “are”.

(13)     After subsection (1)(a) insert—

“(b)   the continued provision of such of the services provided for
the purposes of the NHS by any affected trust at such level,
as the commissioners of those services determine.”

(14)     After subsection 1(b) omit “(b)” and insert “(c)”.

(15)     In subsection (2) after “The commissioners” insert “of the trust in special
administration and any affected trust”.

(16)     In subsection (4) after “the commissioners” insert “of the trust in special
administration and any affected trust”.

(17)     In subsection (9) after ““commissioners” means the person to which the
trust provides services under this Act” insert “and the commissioners of
services at any affected trust”.

(18)     In section 65F of that Act (administrator’s draft report) insert—

“(2E)    Where the administrator is considering recommending taking
action in relation to another NHS foundation trust or an NHS trust
which may become an affected trust, the administrator shall engage
with the commissioners of services at any such NHS foundation
trust or NHS trust in order to enable those commissioners to make
decisions pursuant to the matters set out in section 65DA.”

(19)     In section 65I(1) of that Act (final report)—

“(a)   after “action which the administrator recommends that the
Secretary of State” insert “or the commissioners of any affected
trust”; and

(b)   after “should take in relation to the trust” insert “or any affected
trust”.”

(20)     After section 65K(2) of that Act (Secretary of State’s decision) insert—

“(3)     Where the final report contains recommendations for changes to be
made to services provided by an affected trust, the commissioners
of services at that affected trust shall make a decision within 20
working days whether they wish to undertake public and patient
involvement regarding all or any of the recommendations and, if
they are so minded, shall comply with any arrangements for patient
and public involvement agreed by those commissioners under this
Act before making any final decision concerning the said
recommendations.”

(21)     After section 65KA(6) of that Act (regulator’s decision in case of NHS
foundation trust) insert—

“(7)     Where the final report contains recommendations for changes to be
made to services provided by an affected trust, the commissioners
of those services shall make a decision within 20 working days
whether they wish to undertake public and patient involvement
regarding all or any of the recommendations and, if they are so
minded, shall comply with any arrangements for patient and public
involvement agreed by those commissioners under this Act before
making any final decision concerning the said recommendations.”

(22)     In section 65KB(1)(d) of that Act (Secretary of State’s response to
regulator’s decision) after “that” insert “to the extent that the report
recommends action in relation to the trust in administration”.

(23)     In subsection (2)(a) of that section after “decision” insert “in relation to any
recommendations made in relation to the trust in administration”.

(24)     In section 65O of that Act (interpretation of this Chapter) add—

“(4)     In this Chapter “affected trust” means—

(a)   where the trust in question is an NHS trust, another NHS
trust, or an NHS foundation trust, which provides goods or
services under this Act that would be affected by the action
recommended in the draft report; and

(b)   where the trust in question is an NHS foundation trust,
another NHS foundation trust, or an NHS trust, which
provides services under this Act that would be affected by
the action recommended in the draft report.”.

(25)     In section 13Q(4) of that Act (public involvement and consultation by the
Board), at the end insert “save to the extent required by section 65K(3) or
65KA(7)”.

(26)     In section 14Z2(7) of that Act (public involvement and consultation by
clinical commissioning groups), at the end insert “save to the extent
required by section 65K(3) or 65KA(7)”.

(27)     In section 242(6)(b) of that Act (public involvement and consultation), at
the end insert “save to the extent required by section 65K(3) or 65KA(7)”.”

After Clause 118

44

Insert the following new Clause—

“Integration of care and support with health services etc: integration fund

(1)     At the end of section 223B of the National Health Service Act 2006 (funding
of the National Health Service Commissioning Board) insert—

“(6)     Where the mandate specifies objectives relating to service
integration, the requirements that may be specified under section
13A(2)(b) include such requirements relating to the use by the
Board of an amount of the sums paid to it under this section as the
Secretary of State considers it necessary or expedient to impose.

(7)     The amount referred to in subsection (6)—

(a)   is to be determined in such manner as the Secretary of State
considers appropriate, and

(b)   must be specified in the mandate.

(8)     The reference in subsection (6) to service integration is a reference
to the integration of the provision of health services with the
provision of health-related services or social care services, as
referred to in sections 13N and 14Z1.”

(2)     After section 223G of that Act (meeting expenditure of clinical
commissioning groups out of public funds) insert—

“223GA           Expenditure on integration

(1)     Where the mandate includes a requirement in reliance on section
223B(6) (requirements relating to use by the Board of an amount
paid to the Board where mandate specifies service integration
objectives), the Board may direct a clinical commissioning group
that an amount (a “designated amount”) of the sums paid to the
group under section 223G is to be used for purposes relating to
service integration.

(2)     The designated amount is to be determined—

(a)   where the mandate includes a requirement (in reliance on
section 223B(6)) that designated amounts are to be
determined by the Board in a manner specified in the
mandate, in that manner;

(b)   in any other case, in such manner as the Board considers
appropriate.

(3)     The conditions under section 223G(7) subject to which the payment
of a designated amount is made must include a condition that the
group transfers the amount into one or more funds (“pooled
funds”) established under arrangements under section 75(2)(a)
(“pooling arrangements”).

(4)     The conditions may also include—

(a)   conditions relating to the preparation and agreement by the
group and each local authority and other clinical
commissioning group that is party to the pooling
arrangements of a plan for how to use the designated
amount (a “spending plan”);

(b)   conditions relating to the approval of a spending plan by the
Board;

(c)   conditions relating to the inclusion of performance
objectives in a spending plan;

(d)   conditions relating to the meeting of any performance
objectives included in a spending plan or specified by the
Board.

(5)     Where a condition subject to which the payment of a designated
amount is made is not met, the Board may—

(a)   withhold the payment (in so far as it has not been made);

(b)   recover the payment (in so far as it has been made);

(c)   direct the clinical commissioning group as to the use of the
designated amount for purposes relating to service
integration or for making payments under section 256.

(6)     Where the Board withholds or recovers a payment under
subsection (5)(a) or (b)—

(a)   it may use the amount for purposes consistent with such
objectives and requirements relating to service integration
as are specified in the mandate, and

(b)   in so far as the exercise of the power under paragraph (a)
involves making a payment to a different clinical
commissioning group or some other person, the making of
the payment is subject to such conditions as the Board may
determine.

(7)     The requirements that may be specified in the mandate in reliance
on section 223B(6) include requirements to consult the Secretary of
State or other specified persons before exercising a power under
subsection (5) or (6).

(8)     The power under subsection (5)(b) to recover a payment may be
exercised in a financial year after the one in respect of which the
payment was made.

(9)     The payments that may be made out of a pooled fund into which a
designated amount is transferred include payments to a local
authority which is not party to the pooling arrangements in
question in connection with the exercise of its functions under Part
1 of the Housing Grants, Construction and Regeneration Act 1996
(disabilities facilities grants).

(10)     In exercising a power under this section, the Board must have
regard to the extent to which there is a need for the provision of
each of the following—

(a)   health services (see subsection (12)),

(b)   health-related services (within the meaning given in section
14Z1), and

(c)   social care services (within the meaning given in that
section).

(11)     A reference in this section to service integration is a reference to the
integration of the provision of health services with the provision of
health-related services or social care services, as referred to in
sections 13N and 14Z1.

(12)     “Health services” means services provided as part of the health
service in England.”.”

45

Insert the following new Clause—

“The Health and Social Care Information Centre: restrictions on dissemination
of information

(1)     Chapter 2 of Part 9 of the Health and Social Care Act 2012 (the Health and
Social Care Information Centre) is amended as follows.

(2)     In section 253(1) (general duties), after paragraph (c) (but before the “and”
after it) insert—

“(ca)   the need to respect and promote the privacy of recipients of
health services and of adult social care in England,”.

(3)     In section 261 (other dissemination of information), after subsection (1)
insert—

“(1A)    But the Information Centre may do so only if it considers that
disseminating the information would be for the purposes of—

(a)   the provision of health care or adult social care, or


15

(b)   the promotion of health.”

(4)     After section 262 insert—

“262A           Publication and other dissemination: supplementary

In exercising any function under this Act of publishing or otherwise
disseminating information, the Information Centre must have
regard to any advice given to it by the committee appointed by the
Health Research Authority under paragraph 8(1) of Schedule 7 to
the Care Act 2014 (committee to advise in connection with
information dissemination etc).””

45A

[Withdrawn]

45B

[Re-tabled as Amendment 45F]

[Amendments 45C and 45D are amendments to Commons Amendment 45]

LORD TURNBERG

45C


Leave out line 15 and insert—

“(b)   biomedical and health research.”

LORD HUNT OF KINGS HEATH

45D


Line 15, at end insert—

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

45E*

Lord Owen to move, as an amendment to the motion that this House do agree
with the Commons in their Amendment 45, at end insert “and do propose
Amendment 45F as a consequential amendment”.

After Clause 118

45F*

Insert the following new Clause—

“The Oversight Panel

(1)     There shall be a body corporate to be known as the Independent
Information Governance Oversight Panel for Health and Social Care
(referred to in this section as “the Oversight Panel”).

(2)     The main duty of the Oversight Panel shall be to provide independent
advice on all matters relating to the processing of relevant information in
relation to health and adult social care.

(3)     In exercising its main duty, the Oversight Panel shall—

(a)   provide advice and make recommendations and proposals on such
processing to the Secretary of State, and report annually; and

(b)   provide advice on such processing to any other person in relation
to health and adult social care.

(4)     Any person or body who is advised by the Oversight Panel pursuant to this
section shall have regard to that advice.

(5)     The Secretary of State and the Board (“NHS England”) when making
directions under section 254(1), and regulations under section 267, must
seek and have regard to the advice of the Oversight Panel.

(6)     The Secretary of State or, as the case may be, NHS England must lay before
Parliament a response to the advice given by the Oversight Panel under
subsection (5).

(7)     The Secretary of State may by regulations make provision about the
Oversight Panel relating, in particular, to appointment of the chair and
other members, terms of appointment, establishment and membership of
committees or sub-committees, its proceedings and payment of
remuneration, allowances and expenses.

(8)     The Health and Social Care Information Centre (Establishment of
Information Systems for NHS Services: Collection and Analysis of Primary
Care Data) Directions 2013 and The Health and Social Care Information
Centre (Establishment of Information Systems for NHS Services: Data
Services for Commissioners) Directions 2013 are revoked.”

Clause 121

46

Page 105, line 6, at end insert—

“(ia)   regulations under section (Part 1 appeals) which include provision
that amends or repeals a provision of an Act of Parliament.”

46A*

Earl Howe to move, That this House do disagree with the Commons in their
Amendment 46 but do propose Amendments 46B to 46E in lieu—

46B*

Page 105, line 6, at end insert—

“(ia)   the first regulations under section (Part 1 appeals) (Part 1 appeals);

(ib)   subsequent regulations under that section which include provision
that amends or repeals a provision of an Act of Parliament, or
provides for a provision of an Act of Parliament to apply with
modifications;”

46C*

Page 104, line 41, after “Parliament” insert “, or provides for a provision of an Act
of Parliament to apply with modifications”

46D*

Page 105, line 11, after “Parliament” insert “, or provides for a provision of an Act
of Parliament to apply with modifications”

46E*

Page 105, line 13, at end insert—

“(4A)    Subsection (4) does not apply to a statutory instrument which contains
regulations or an order within paragraph (e), (ib) or (l) of that subsection, if
the regulations or order are within the paragraph in question only because
they include provision that applies an Act of Parliament with modifications
for the purpose of making saving, transitional or transitory provision.”

Clause 123

47

Page 106, line 15, leave out “3” and insert “4”

Clause 125

48

Page 107, line 6, leave out subsection (2)

Schedule 7

49

Page 141, line 34, at end insert—

“(c)   to the Health and Social Care Information Centre in connection
with—


(i)   the exercise by the Centre of functions conferred in
regulations under section 251 of the National Health
Service Act 2006 (processing of patient information for
medical purposes);


(ii)   any publication or other dissemination by the Centre of
information which is in a form which identifies an
individual to whom the information relates or enables the
identity of such an individual to be ascertained.”

50

Page 142, line 4, at end insert—

“8A    Regulations may provide for the committee appointed under paragraph
8(1) to be required, in giving advice, to have regard to specified factors
or matters.”

In the Title

51

Line 5, after “Authority;” insert “to make provision about integrating care and
support with health services;”

Prepared 8th May 2014