Health and Social Care Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Health and Social Care Bill

Health and Social Care Bill
Part 5 — Miscellaneous
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Weighing and measuring of children: Wales
In Schedule 1 to the National Health Service (Wales) Act 2006 (c. 42) (further
provision about the Welsh Ministers and services under that Act) after
paragraph 7 insert—
“Weighing and measuring of children
5
7A    (1)
The Welsh Ministers may, by arrangement with any local education
authority, provide for the weighing and measuring of junior pupils
in attendance at any school which is maintained by the authority.
      (2)
The Welsh Ministers may, by arrangement with the proprietor of any
school which is not maintained by a local education authority,
10
provide for the weighing and measuring of junior pupils in
attendance at that school.
      (3)
The Welsh Ministers may, by arrangement with any person who is
registered under Part 10A of the Children Act 1989 (child minding
and day care for children in Wales) in respect of child minding or the
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provision of day care, provide for the weighing and measuring of
children looked after by that person.
      (4)
In sub-paragraphs (1) and (2) any expression to which a meaning is
given for the purposes of the Education Act 1996 or the School
Standards and Framework Act 1998 has the same meaning as in that
20
Act; and in sub-paragraph (3) any expression to which a meaning is
given for the purposes of Part 10A of the Children Act 1989 has the
same meaning as in that Part.
7B    (1)
The Welsh Ministers may by regulations—
(a)
authorise the disclosure by any person with whom
25
arrangements under paragraph 7A are made, to any person
carrying out the weighing or measuring, of prescribed
information relating to the children concerned,
(b)
require any weighing and measuring provided for by the
Welsh Ministers under paragraph 7A to be carried out in a
30
prescribed manner and after compliance with any prescribed
requirements,
(c)
make provision authorising any resulting information
relating to a child, together with any advisory material
authorised by or under the regulations, to be communicated
35
in a prescribed manner to a person who is, or is treated by the
regulations as being, a parent of the child, and
(d)
make other provision regulating the processing of
information resulting from any weighing or measuring
provided for by the Welsh Ministers under paragraph 7A.
40
      (2)
Regulations made under sub-paragraph (1) may require any person
exercising functions in relation to any weighing or measuring to
which the regulations apply or in relation to information resulting
from such weighing or measuring to have regard to any guidance
given from time to time by the Welsh Ministers.
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      (3)
In sub-paragraph (1)(d), “processing”, in relation to information, has
the same meaning as in the Data Protection Act 1998.

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      (4)
Regulations under this paragraph cannot include provision by virtue
of section 203(10)(a) amending or repealing an Act.”
Social care
134
Direct payments in lieu of provision of care services
(1)
Section 57 of the Health and Social Care Act 2001 (c. 15) (regulations may
5
require or authorise direct payments to a person, with the person’s consent, in
respect of the person securing the provision to the person of certain care
services) is amended as follows.
(2)
After subsection (1) insert—
“(1A)
Regulations may make provision for and in connection with requiring
10
or authorising the responsible authority in the case of a person (“P”) of
a prescribed description—
(a)
who falls within subsection (2)(a), and
(b)
who falls within subsection (5A) or is reasonably believed by
the authority to fall within that subsection,
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to make, with the requisite consent, such payments as the authority
may determine in accordance with the regulations to a suitable person
other than P in respect of the other person’s securing the provision for
P of the service mentioned in subsection (2)(a).
(1B)
In subsection (1A) “the requisite consent” means—
20
(a)
the consent of the other person; and
(b)
where the other person is not a surrogate of P but there is at least
one person who is a surrogate of P, the consent also of a
surrogate of P.
(1C)
For the purposes of subsection (1A), a person (whether or not an
25
individual) is “suitable” if—
(a)
that person is a representative of P;
(b)
that person is not a representative of P (or there is no-one who
is a representative of P), but—
(i)
a surrogate of P, and
30
(ii)
the responsible authority,

consider that person to be a suitable person to receive the
payments for the purpose of securing provision for P of the
service concerned; or
(c)
that person is not a representative of P (or there is no-one who
35
is a representative of P), and there is no-one who is a surrogate
of P, but the responsible authority considers that person to be a
suitable person to receive the payments for that purpose.”
(3)
In subsection (3) (provision which may be included in regulations under the
section)—
40
(a)
in paragraph (a) (provision as to circumstances in which payments not
to be made), after “to a person” insert “or in respect of a person”,
(b)
in paragraph (c)(i) (provision about determination of payee’s means),
after “the payee’s means” insert “in the case of direct payments under
subsection (1) or, in the case of direct payments under subsection (1A),
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Part 5 — Miscellaneous
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the means of the person (“the beneficiary”) in respect of whom the
payments are required or authorised to be made”,
(c)
in each of paragraphs (d) and (e)(ii) (provision as to conditions to be
complied with by payee, and provision as to repayments by payee or
otherwise), after “payee” insert “in the case of direct payments under
5
subsection (1), or by the payee or by the beneficiary in the case of direct
payments under subsection (1A),” and
(d)
after paragraph (h) insert—
“(j)
as to matters to which the responsible authority must, or
may, have regard when making a decision for the
10
purposes of a provision of the regulations;
(k)
as to steps which the responsible authority must, or
may, take before, or after, the authority makes a decision
for the purposes of a provision of the regulations;
(l)
specifying circumstances in which a person who has
15
fallen within subsection (5A) but no longer does so
(whether because of fluctuating capacity, or regaining or
gaining of capacity) is to be treated, or may be treated,
as falling within subsection (5A) for purposes of this
section or for purposes of regulations under this
20
section.”
(4)
In subsection (4)(b) (gross payments: condition that payee pays amounts by
way of reimbursement), after “payee” insert “in the case of direct payments
under subsection (1), or the beneficiary in the case of direct payments under
subsection (1A),”.
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(5)
In subsection (5) (payments made net on basis that payee will contribute to cost
of service)—
(a)
in paragraph (a), after “the payee will himself” insert “in the case of
direct payments under subsection (1), or the beneficiary will in the case
of direct payments under subsection (1A),” and
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(b)
in paragraph (b), after “payee” insert “or (as the case may be) the
beneficiary”.
(6)
After subsection (5) insert—
“(5A)
A person falls within this subsection if the person lacks capacity, within
the meaning of the Mental Capacity Act 2005, to consent to the making
35
of direct payments.
(5B)
In this section “representative”, in relation to a person, means such
other person (whether or not an individual) as may be prescribed.
(5C)
In this section “surrogate”, in relation to a person, means—
(a)
a deputy appointed for the person by the Court of Protection
40
under section 16(2)(b) of the Mental Capacity Act 2005, or
(b)
a donee of a lasting power of attorney created by the person,

whose powers, as deputy or donee, consist of or include such powers
as may be prescribed.”
(7)
After subsection (7) insert—
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“(7A)
For the purposes of subsection (3)(d), the conditions that are to be taken
to be conditions in relation to direct payments include, in particular,
conditions in relation to—

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(a)
the securing of the provision of the service concerned,
(b)
the provider of the service,
(c)
the person to whom payments are made in respect of the
provision of the service, or
(d)
the provision of the service.”
5
(8)
In section 64 of the Health and Social Care Act 2001 (c. 15) (regulations and
orders), after subsection (4) insert—
“(4A)
A statutory instrument containing—
(a)
regulations made by the Welsh Ministers under section 57, or
(b)
regulations made by the Welsh Ministers under section 65 that
10
make provision for the purposes of, in consequence of or for
giving full effect to section 57,

is subject to annulment in pursuance of a resolution of the National
Assembly for Wales.”
135
Abolition of maintenance liability of relatives
15
(1)
The following provisions cease to have effect—
(a)
section 43 of the National Assistance Act 1948 (c. 29) (recovery from
liable relative of local authority’s costs of assistance),
(b)
in section 47(9) of that Act (liability of maintained person, or person’s
relatives, for expenditure incurred under section 47(8)), the words “or
20
from any person who for the purposes of this Act is liable to maintain
that person”,
(c)
in section 48(3) of that Act (liability of person in hospital etc., or
person’s relatives, for costs of protecting person’s property), the words
“, or from any person who for the purposes of this Act is liable to
25
maintain him,”,
(d)
in section 51(1) of that Act (offence where person fails to maintain
himself or any person he is liable to maintain), the words “or any
person whom he is liable to maintain for the purposes of this Act”,
(e)
in paragraph 19(1) of Schedule 6 to that Act (which ended a saved
30
liability to maintain a person where there was no liability to maintain
that person for the purposes of that Act), the words “whom he is not
liable to maintain for the purposes of this Act”,
(f)
paragraph 19(2) of that Schedule (which gave continuing effect to
certain saved liabilities not ended by paragraph 19(1)), and
35
(g)
in section 46(5) of the Public Health (Control of Disease) Act 1984 (c. 22)
(liability of person’s estate, or person’s relatives, for cost of burial or
cremation under the section), the words “or from any person who for
the purposes of the National Assistance Act 1948 was liable to maintain
the deceased person immediately before his death”.
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(2)
In section 29(4A)(c) of the National Assistance Act 1948 (which provides for
section 43 to apply where accommodation in a hostel is provided under section
29(4)(c)), for “sections 32 and 43 shall apply as they apply” substitute “section
32 shall apply as it applies”.
(3)
In section 51(1) of that Act, for “, himself or any other person” substitute “him”.
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(4)
In section 87(3) of the Social Work (Scotland) Act 1968 (c. 49) (provision of
accommodation treated as being under Part 3 of the National Assistance Act

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1948), for the words from “(as amended”, where first occurring, to “etc.)”
substitute “(as amended by any enactment within the meaning of the Scotland
Act 1998 (c. 46)) of the said Act of 1948”.
(5)
In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (definition
of “social services functions” for purposes of the 1970 Act), in the entry relating
5
to sections 43 to 45 of the National Assistance Act 1948, for “Sections 43 to”
substitute “Section”.
(6)
The provisions of this section have effect subject to, and in accordance with,
Schedule 13.
136
Ordinary residence for certain purposes of National Assistance Act 1948 etc.
10
(1)
In section 24 of the National Assistance Act 1948 (c. 29) (authority liable for
provision of accommodation) for subsections (6) and (7) substitute—
“(6)
For the purposes of the provision of residential accommodation under
this Part, a patient (“P”) for whom NHS accommodation is provided
shall be deemed to be ordinarily resident in the area, if any, in which P
15
was resident before the NHS accommodation was provided for P,
whether or not P in fact continues to be ordinarily resident in that area.
(6A)
In subsection (6) “NHS accommodation” means—
(a)
accommodation (at a hospital or elsewhere) provided under the
National Health Service Act 2006 or the National Health Service
20
(Wales) Act 2006, or
(b)
accommodation provided under section 117 of the Mental
Health Act 1983 by a Primary Care Trust or Local Health Board,
other than accommodation so provided jointly with a local
authority.”
25
(2)
In section 32 of that Act (adjustments between authority providing
accommodation, etc., and authority of area of residence) for subsection (3)
substitute—
“(3)
Any question arising under this Part as to a person’s ordinary residence
shall be determined by the Secretary of State or by the Welsh Ministers.
30
(4)
The Secretary of State and the Welsh Ministers shall make and publish
arrangements for determining which cases are to be dealt with by the
Secretary of State and which are to be dealt with by the Welsh
Ministers.
(5)
Those arrangements may include provision for the Secretary of State
35
and the Welsh Ministers to agree, in relation to any question that has
arisen, which of them is to deal with the case.”
(3)
In section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44)
(provision of welfare services) after subsection (1) insert—
“(1A)
Subsections (3) to (5) of section 32 of the National Assistance Act 1948
40
(which relate to the determination of any question arising under Part 3
of that Act as to a person’s ordinary residence) apply in relation to any
question arising under this section as to a person’s ordinary residence
as they apply in relation to such a question arising under Part 3 of that
Act.”
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