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    (  6  )


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


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


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,”


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




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


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

After Clause 4


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




           (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


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




     (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




           (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.”


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


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

Clause 7


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


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


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

Clause 9


Page 6, line 34, at end insert—


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




                  (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);”


Page 6, line 42, at end insert—

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    (  8  )


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


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

Clause 14


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


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


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

After Clause 17


Insert the following new Clause—




     (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



Bill 7653/2

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