House of Lords Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

5

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—

6

“(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;

7

(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,

revoke 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.

8

(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)”

9

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 “—



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