House of Commons portcullis
House of Commons
Session 2002 - 03
Internet Publications
Other Bills before Parliament


 

    (  6  )

29

Page 4, line 17, at beginning insert “the patient has not been discharged and”

30

Page 4, line 29, leave out “provide” and insert “make available”

31

Page 4, line 38, at end insert “and

 

           “(c)              every service that it decided under section 3(4)(b) to make available

 

to a carer has been made available,”

32

Page 4, line 39, at end insert—

 

     “( )       The references in subsections (5) and (7) to services “decided under”

 

section 3(3)(b) or (4)(b) are, in a case where the decision in question has

 

been altered under section 3(6C), to any services specified in the altered

 

decision.”

33

Page 5, line 1, leave out paragraph (c)

34

Page 5, line 11, leave out subsections (9) and (10)

After Clause 4

35

Insert the following new Clause—

 

“Delayed discharge payments: supplementary

 

     (1)    In prescribing an amount under section 4(4) the appropriate Minister must

 

have regard (among other things) to either or both of the following

 

matters—

 

           (a)           costs to NHS bodies of providing accommodation and personal

 

care to patients who are ready to be discharged; and

 

           (b)           costs to social services authorities of providing community care

 

services to, and services to carers in relation to, persons who have

 

been discharged.

 

     (2)    Any payment which the responsible authority is required to make under

 

section 4 in relation to a qualifying hospital patient shall, subject to

 

subsection (2), be made to the responsible NHS body.

 

     (3)    In case of any description prescribed in regulations the payment shall be

 

made to the person prescribed in relation to cases of that description.

 

     (4)    Section 4 shall not come into force until 30 days after the Secretary of State

 

has determined that the systems of incentives within NHS bodies operate

 

to discourage NHS bodies from discharging patients inappropriately.”

Clause 6

36

Page 5, line 28, leave out subsections (1) and (2) and insert—

 

     “(1)       Regulations may make provision for panels appointed by Strategic Health

 

Authorities in England and by Local Health Boards in Wales to assist in the

 

resolution of disputes between two or more public authorities about

 

matters arising under or in relation to this Part.

 

     (2)       The persons forming a panel for the purpose of a particular dispute must

 

be appointed by a Strategic Health Authority or Local Health Board from

 
Bill 7653/2
 

 

    (  7  )

 
 

lists of persons required by the regulations to be kept by the Authority or

 

Board.

 

     (2A)       The regulations must contain such provision as the appropriate Minister

 

considers appropriate for ensuring that each social services authority

 

situated (or any part of whose area is situated) in the area of a Strategic

 

Health Authority or a Local Health Board is consulted about the persons

 

whose names appear on any list kept by the Authority or Board for the

 

purposes of subsection (2).

 

     (2B)       The regulations may make provision about the panels, including in

 

particular—

 

           (a)           provision for determining who is to appoint a panel in the case of a

 

dispute between public authorities which are not all situated in the

 

area of a single Strategic Health Authority or Local Health Board;

 

           (b)           provision specifying the descriptions of disputes which may be

 

referred to a panel;

 

           (c)           provision about the recommendations (including

 

recommendations relating to the payment of any amount by one

 

party to another) which may be made by a panel in relation to any

 

dispute referred to it.”

37

Page 5, line 40, leave out “under this Part”

38

Page 5, line 41, leave out “established” and insert “appointed”

Clause 7

39

Page 6, line 5, leave out paragraph (a)

40

Page 6, line 16, leave out from “incurred” to “from” in line 19 and insert—

 

                  “(i)                    in the performance of functions under this Part in relation to

 

a qualifying patient;

 

                  (ii)                    in the provision of community care services which are the

 

subject of a decision under section 3(3)(b); or

 

                  (iii)                    in the provision of services to a carer which are the subject

 

of a decision under section 3(3)(b),”

Clause 8

41

Page 6, line 26, at end insert “and different provision for different areas”

Clause 9

42

Page 6, line 34, at end insert—

 

                    ““carer”, in relation to a qualifying hospital patient, means a person

 

who—                                           

 

                  (a)                 provides or intends to provide a substantial amount of care

 

on a regular basis for the patient; and

 

                  (b)                 is entitled to ask for an assessment under section 1 of the

 

Carers and Disabled Children Act 2000 (c. 16);”

43

Page 6, line 42, at end insert—

 
Bill 7653/2
 

 

    (  8  )

 
 

                    ““the relevant day” has the meaning given in section            (Duties of

 

responsible NHS body following notice under section 2)(6);”

Clause 14

44

Page 9, line 7, after “services” insert “and services for carers”

45

Page 9, line 12, after “services” insert “and services for carers”

46

Page 9, line 19, after “services” insert “and services for carers”

After Clause 17

47

Insert the following new Clause—

 

“Duration

 

     (1)    Subject to subsection (2), Part 1 of this Act shall cease to have effect at the

 

end of five years beginning with the date on which it comes into force.

 

     (2)    If the Secretary of State is satisfied that it is necessary for social services

 

authorities to continue making payments in cases where the discharge of

 

patients is delayed for reasons relating to the provision of community care

 

services or services for carers, he may make an order providing that Part 1

 

of this Act shall continue in force for a further five years.

 

     (3)    An order may not be made under subsection (2) unless a draft of that order

 

has been laid before, and approved by resolution of, both Houses of

 

Parliament.”

 
Bill 7653/2
 

 
previous section contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2003
Revised 18 March 2003