LORDS AMENDMENTS IN LIEU OF AN AMENDMENT
TO WHICH THE COMMONS HAVE DISAGREED AND
A FURTHER LORDS AMENDMENT TO A LORDS AMENDMENT
TO WHICH THE COMMONS HAVE AGREED
WITH AN AMENDMENT TO THE
cOMMUNITY CARE (DELAYED DISCHARGES ETC.) BILL
[The page and line references are to HL Bill 20 as first printed for the Lords.]
Clause 1
LORDS AMENDMENT NO. 2
	Page 1, line 10, after “person” insert “other than a person receiving mental health
	services”
	The Lords do not insist on their Amendment to which the Commons have disagreed, but
	propose the following amendments in lieu thereof—
2B	Page 6, line 23, leave out from “regulations” to end of line 24 and insert “or an order
	under this Part is exercisable by the appropriate Minister by statutory instrument”
2C	Page 6, line 29, leave out from beginning to “to” in line 31 and insert—
	“(2A)       Regulations under section 1 which—
	(a)           prescribe care for the purposes of the definition of “qualifying
	hospital patient”; and
	(b)           are made by the Secretary of State (or by the Secretary of State and
	the Assembly acting jointly),
	may not prescribe a description of care which is, or includes, mental health
	care unless a draft of the regulations has been laid before, and approved by
	a resolution of, each House of Parliament.
	(2B)       A statutory instrument which—
	(a)           contains regulations or an order under this Part, other than
	regulations which fall to be approved in draft by virtue of
	subsection (2A); and
(  2  )
	(b)           is made by the Secretary of State (or by the Secretary of State and the
	Assembly acting jointly),
	is subject”
2D	Page 6, line 40, at end insert—
	“mental health care” means any health services relating to mental health which are
	of a description prescribed by order;”
2E	Page 7, line 34, leave out subsection (5)
After Clause 3
LORDS AMENDMENT NO. 26
	Insert the following new Clause—
	“ Duties of responsible NHS body following notice under section 2
	(1)    The duties under this section apply where notice of a patient’s case under
	section 2 has been given.
	(2)    The responsible NHS body, and any other NHS body which is considering
	whether to provide services to the patient after discharge, must consult the
	responsible authority before deciding what services (if any) it will make
	available to him in order for it to be safe to discharge the patient.
	(3)    The responsible NHS body must give the responsible authority notice of
	the day on which it proposes to discharge the patient.
	(4)    The notice under subsection (3) remains in force until the end of the
	relevant day, unless it has previously been withdrawn.
	(5)    The responsible NHS body may withdraw the notice under subsection (3)
	at any time before the end of the relevant day by giving notice of
	withdrawal to the responsible authority.
	(6)    For the purposes of this Part “the relevant day”, in relation to a qualifying
	hospital patient, is the later of—
	(a)           the day specified in the notice under subsection (3); and
	(b)           the last day of the prescribed minimum interval after the notice
	under section 2 is given.
	(7)    Regulations may prescribe a period as the minimum interval after a notice
	under section 2 is given; but that period must—
	(a)           begin with the day after that on which the notice under section 2 is
	given; and
	(b)           be a period of at least two days excluding Saturdays, Sundays and
	public holidays.
	(8)    If the notice under subsection (3) is withdrawn before the end of the
	relevant day—
	(a)           the duty under subsection (3) applies again; and
	(b)           when a fresh notice under subsection (3) is given, subsection (6)
	applies again for the purpose of identifying a new “relevant day”.
	(9)    Regulations may provide for—
	(a)           the time at which notices under subsection (3) are to be given;
(  3  )
	(b)           the form and content of—
	(i)                 notices under subsection (3); and
	(ii)                withdrawal notices under subsection (5);
	and the manner in which such notices are to be given;
	(c)           circumstances in which notices under subsection (3) must be
	withdrawn; and
	(d)           determining the day on which a notice under subsection (3) or a
	notice of withdrawal under subsection (5) is given (including
	provision prescribing circumstances in which a notice under
	subsection (3) is to be treated for any specified purpose as having
	been given on a day other than that on which it was in fact given).”
	The Commons agree to this amendment with the following amendment—
26A	Line 25, leave out “excluding Saturdays, Sundays and public holidays”
	The Lords agree to Commons Amendment No. 26A to Lords Amendment No. 26, with the following further amendment to Lords Amendment No. 26—
26B	Line 26, at end insert—
	“(7A)       Until 31st March 2005 the period of two days referred to in subsection (7) is
	exclusive of Sundays and public holidays in England and Wales.”
(  4  )

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Revised 28 March 2003