House of Lords Amendments

Session 2013 - 14
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Other Bills before Parliament

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.”

HL Bill 93—I (Rev) 55/3

2

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

3

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
Sections 2, 18, 19, 20, 38 and 49 of this Act.

England

Local authority in
Part 4 and section 189 of the Social Services and

Wales
Well-being (Wales) Act 2014.

Section 51 of this Act.

Local authority in
Sections 12, 13A, 13B and 14 of the Social Work

Scotland
(Scotland) Act 1968.

Section 3 of the Social Care (Self-directed

Support) (Scotland) Act 2013.

Health and Social
Article 15 of the Health and Personal Social

Care trust
Services (Northern Ireland) Order 1972.

Section 52 of this Act.

Authority (within
Section 2 of the Carers and Direct Payments Act

the meaning of
(Northern Ireland) 2002.

section 10 of the

Carers and Direct

Payments Act

(Northern Ireland)

2002)

4

(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”



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