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Publications on the internet Index of Amendments |
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S.C.A.
Amendment Paper as at
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| (a) | accommodation for a continuous period intended to or likely to exceed 28 days, or |
| (b) | any new contractual arrangements for providing support, for a person who lacks capacity to agree to the changes, where the accommodation or support is to be paid for in whole or in part from public funds, or |
| (c) | where the arrangements need to be made a matter of urgency.'. |
Mr David Lammy
Ms Rosie Winterton
226
Clause 36, page 20, line 29, at end insert—'( ) But this section does not apply if P is accommodated as a result of an obligation imposed on him under the Mental Health Act.'.
Mr Tom Clarke
Mr Paul Burstow
193
Clause 36, page 20, line 30, leave out subsection (2) and insert—'(2) Any NHS body or local authority that is liable to provide an assessment or assessments under—
| (a) | section 47 of the National Health Service and Community Care Act 1990 (and for the avoidance of doubt this includes those assessments under section 3 of the Community Care (Delayed Discharges etc.) Act 2003, |
| (b) | section 117 of the Mental Health Act 1983, |
| (c) | section 1 and section 5 of the Carers and Disabled Children Act 2000, |
| (d) | assessment under the Continuing Care (National Health Service Responsibilities) Directions 2004 or Delayed Discharge (Continuing Care) Directions 2004, |
| (e) | any assessment for services which fall within the functions of a local housing authority (within the meaning of the Housing Act 1985) or any assessment for support under the Supporting People (England) Directions 2003, the Supporting People Grant (England) Guidance 2003 or assessment for charges under the Local Authorities (charges for Specified Welfare Services) (England) Regulations 2003 (S.I., 2003, No. 907), or |
| (f) | any care planning for in-patient care following discharge or continuing care under the Care Programme Approach, |
must seek and take into account representations from an independent advocate.
(2A) Where emergency accommodation and support arrangements have to be made, these arrangements shall be reviewed as soon as possible, taking account of representations made by the independent advocate.'.
Mr David Lammy
Ms Rosie Winterton
227
Clause 36, page 20, line 31, after 'interests', insert 'and, in particular, as to the matters mentioned in section 4(5)'.
Mr David Lammy
Ms Rosie Winterton
228
Clause 36, page 20, line 32, leave out 'of less than 28 days' and insert 'which is less than the applicable period'.
Mr David Lammy
Ms Rosie Winterton
229
Clause 36, page 20, line 34, at end insert—'( ) If the NHS body—
| (a) | did not seek advice from an independent consultee before making the arrangements because it was satisfied that subsection (2)(a) or (b) applied, but |
| (b) | subsequently has reason to believe that the accommodation is likely to be provided for a continuous period— |
| (i) | beginning with the day on which accommodation was first provided in accordance with the arrangements, and |
| (ii) | ending on or after the expiry of the applicable period, |
- it must seek advice from an independent consultee.'.
Mr David Lammy
Ms Rosie Winterton
230
Clause 36, page 21, line 4, at end insert—'( ) "Applicable period" means—
| (a) | in relation to accommodation in a hospital, 28 days, and |
| (b) | in relation to accommodation in a care home, 8 weeks.'. |
Mr Tom Clarke
Mr Paul Burstow
212
Page 20, line 22, leave out Clause 36.
Mr David Lammy
Ms Rosie Winterton
231
Clause 37, page 21, line 14, leave out from 'with' to end of line 14 and insert '—
| (a) | section 21 or 29 of the National Assistance Act 1948 (c.29), or |
| (b) | section 117 of the Mental Health Act, |
- as the'.
Mr David Lammy
Ms Rosie Winterton
232
Clause 37, page 21, line 16, at end insert—'( ) This section does not apply if P is accommodated as a result of an obligation imposed on him under the Mental Health Act.'.
Mr David Lammy
Ms Rosie Winterton
233
Clause 37, page 21, line 18, after 'interests', insert 'and, in particular, as to the matters mentioned in section 4(5)'.
Mr David Lammy
Ms Rosie Winterton
234
Clause 37, page 21, line 21, at end insert—'( ) If the local authority—
| (a) | did not seek advice from an independent consultee before making the arrangements because they were satisfied that subsection (3)(a) or (b) applied, but |
| (b) | subsequently have reason to believe that the accommodation is likely to be provided for a continuous period that will end 8 weeks or more after the day on which accommodation was first provided in accordance with the arrangements, |
- they must seek advice from an independent consultee.'.
Mr Tim Boswell
51
Clause 37, page 21, line 24, at end add 'and if they decline the advice must give reasons in writing for doing so'.
Mr Tom Clarke
Mr Paul Burstow
199
Clause 37, page 21, line 24, at end add—
| '(a) | when an agreement between person "P" and "D" cannot be reached about a decision or action and where D is employed by an NHS body or local authority social services or D is contracted by an NHS body or local authority social services in respect of the provision of care and treatment for P, |
| (b) | when there is a difference in view between person "P" and any person who is consulted under section 4(6) and the decision or action is the responsibility of an NHS or local authority social services or organisation contracted by NHS body or local authority social services.'. |
Mr Tom Clarke
Mr Paul Burstow
197
Page 21, line 5, leave out Clause 37.
Mr Tom Clarke
Mr Paul Burstow
198
Clause 38, page 21, line 26, leave out beginning to end of line 32 and insert—'The duty to identify and consult an independent advocate in relation to serious treatment or major changes in accommodation and support arrangements for P shall be considered discharged by the relevant authority where that authority has consulted and accepted the representations of either—
| (a) | a donee of a relevant lasting power of attorney created by P, or |
| (b) | a deputy appointed for relevant purposes by the court for P, or |
| (c) | a donee of a relevant enduring power of attorney (within the meaning of Schedule 4) created by P, or |
| (d) | an independent advocate already recognised by the relevant authority as representing the interests of P'. |
Mr Tom Clarke
Mr Paul Burstow
219
Page 21, line 25, leave out Clause 38.
Mr Tim Boswell
52
Clause 39, page 21, line 34, at end insert 'subject to an affirmative resolution of both Houses of Parliament'.
Mr Tim Boswell
53
Clause 40, page 22, line 4, after 'must,' insert 'after consulting with such persons professional and lay as seem to him to have an interest,'.
Mr Paul Burstow
Paul Holmes
146
Clause 40, page 22, line 4, after 'practice', insert 'in suitable formats for the information and guidance of P and of any independent advocates assisting P and'.
Mr Tim Boswell
54
Clause 40, page 22, line 12, at end insert—
| '(ee) | with respect to the information to be compiled and retained by persons specified in this section in connexion with their duties under this Act, and'. |
Mr Tom Clarke
195
Clause 40, page 22, line 14, at end insert—
| '(g) | for the guidance for people acting as independent advocates for the purposes of sections 35, 36 and 37.'. |
Mr Paul Burstow
Paul Holmes
147
Clause 41, page 22, line 37, after 'preparing,', insert 'publish'.
Mr Tim Boswell
55
Clause 41, page 22, line 41, leave out 'laid by him' and insert 'approved'.
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