Health and Social Care Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

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Clause 125

 

BARONESS GREENGROSS

203ZAPage 80, line 14, leave out "a specified stage" and insert "the twentieth week"
 

LORD HODGSON OF ASTLEY ABBOTTS

203APage 80, line 19, at end insert—
"(3A)  Advice given under subsection (3) must include advice on—
(a)  nutrition;
(b)  immunodeficiency;
(c)  lifestyle;
(d)  pre and post natal care; and
(e)  breastfeeding."
 

BARONESS BARKER

 

BARONESS TONGE

204Page 80, leave out lines 20 to 22
 

LORD HODGSON OF ASTLEY ABBOTTS

204APage 80, line 32, at end insert—
"(3)  In multiple birth pregnancies, the grant will be paid per expected child.""
 

BARONESS GREENGROSS

204BPage 80, line 32, at end insert—
"(3)  A higher amount is to be paid in multiple birth pregnancies.""
 

EARL HOWE

 

BARONESS CUMBERLEGE

 The above-named Lords give notice of their intention to oppose the Question that Clause 125 stand part of the Bill.
 

Clause 126

 

BARONESS BARKER

 

BARONESS TONGE

204CPage 81, line 26, leave out subsection (4)
 

LORD DARZI OF DENHAM

205Page 81, line 32, leave out subsection (6) and insert—
"(   )  In section 121E of that Act (supply of information by Her Majesty's Revenue and Customs), in subsection (1), after "contributions," insert "health in pregnancy grant,".
(   )  In section 121F of that Act (supply of information to Her Majesty's Revenue and Customs), in subsection (2), after "contributions," insert "health in pregnancy grant,"."
 

EARL HOWE

 

BARONESS CUMBERLEGE

 The above-named Lords give notice of their intention to oppose the Question that Clause 126 stand part of the Bill.
 

Clause 127

 

EARL HOWE

 

BARONESS CUMBERLEGE

 The above-named Lords give notice of their intention to oppose the Question that Clause 127 stand part of the Bill.
 

Clause 129

 

LORD DARZI OF DENHAM

206Page 85, line 29, leave out subsection (6) and insert—
"(   )  In section 115D of that Act (supply of information by Her Majesty's Revenue and Customs), in subsection (1), after "contributions," insert "health in pregnancy grant,".
(   )  In section 115E of that Act (supply of information to Her Majesty's Revenue and Customs), in subsection (2), after "contributions," insert "health in pregnancy grant,"."
 

Clause 133

 

EARL HOWE

 

BARONESS CUMBERLEGE

206APage 88, line 21, at end insert—
"(2A)  Each Primary Care Trust must publish a document describing its arrangements for managing applications to fund treatments which fall outside its commissioning policies."
 

After Clause 133

 

EARL HOWE

 

BARONESS CUMBERLEGE

206BInsert the following new Clause—
"GMS contracts: payments
(1)  The National Health Service Act 2006 (c. 41) is amended as follows.
(2)  In section 87 (GMS contracts: payments), for subsection (4), substitute—
"(4)  Before giving a direction under subsection (1), the Secretary of State—
(a)  must consult any body appearing to him to be representative of persons to whose remuneration the direction would relate;
(b)  must have regard to any advice given to him by the relevant advisory body; and
(c)  may consult such other persons as he considers appropriate."
(3)  In section 87 (GMS contracts: payments), after subsection (4), insert—
"(4A)  In this section, the relevant advisory body means a body of persons to be called the Quality and Outcomes Framework Review Panel (referred to in this Act as "the Review Panel") to perform the functions assigned to the Review Panel by or under this Act.
(4B)  The Review Panel shall give to the Secretary of State advice on matters relating to directions made under subsection (1).""
 

Schedule 12

 

BARONESS BARKER

 

BARONESS TONGE

 

BARONESS CUMBERLEGE

207Page 184, line 7, at end insert—
"  In section 165 of the NHS Act 2006 (section 164: supplementary), after subsection (11) insert—
"(12)  The determining authority for remuneration for services that all persons who provide National Health Service pharmaceutical services are required by regulations to provide shall be prescribed in regulations.""
 

Before Clause 138

 

LORD DARZI OF DENHAM

207AInsert the following new Clause—
"Human Rights Act 1998: provision of certain social care to be public function
(1)  A person ("P") who provides accommodation, together with nursing or personal care, in a care home for an individual under arrangements made with P under the relevant statutory provisions is to be taken for the purposes of subsection (3)(b) of section 6 of the Human Rights Act 1998 (c.42) (acts of public authorities) to be exercising a function of a public nature in doing so.
(2)  The "relevant statutory provisions" are—
(a)  in relation to England and Wales, sections 21(1)(a) and 26 of the National Assistance Act 1948 (c.29),
(b)  in relation to Scotland, section 12 or 13A of the Social Work (Scotland) Act 1968 (c.49), and
(c)  in relation to Northern Ireland, Articles 15 and 36 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)).
(3)  In subsection (1) "care home"—
(a)  in relation to England and Wales, has the same meaning as in the Care Standards Act 2000 (c.14), and
(b)  in relation to Northern Ireland, means a residential care home as defined by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)) or a nursing home as defined by Article 11 of that Order.
(4)  In relation to Scotland, the reference in subsection (1) to the provision of accommodation, together with nursing or personal care, in a care home is to be read as a reference to the provision of accommodation, together with nursing, personal care or personal support, as a care home service as defined by section 2(3) of the Regulation of Care (Scotland) Act 2001 (asp 8).
(5)  Subsection (1) does not apply to acts (within the meaning of section 6 of the Human Rights Act 1998 (c.42)) taking place before the coming into force of this section."
 

Clause 138

 

BARONESS WILKINS

 

BARONESS FINLAY OF LLANDAFF

208Page 93, line 21, at end insert—
"(m)  as to the safeguards which the responsible authority must have in place to ensure that individuals are offered a real choice as to whether they will be appointed as the suitable person as defined in subsection (1C);
(n)  as to the safeguards which the responsible authority must have in place to ensure that the suitable person is offered a real choice as to whether to consent to receive a local authority service or direct payments, and adequate support to manage direct payments on behalf of P as defined in subsection (1A);
(o)  as to the safeguards which the responsible authority must have in place to guarantee person-centred planning for P as defined in subsection (1A);
(p)  as to the safeguards to which the responsible authority must have regard when making a decision as to whether to subject a prospective suitable person to a vetting and barring test as defined within section 15 of the Safeguarding Vulnerable Groups Act 2006;
(q)  specifying a timetable and procedure for periodic review of the ongoing suitability of the suitable person.""
 

After Clause 140

 

BARONESS CAMPBELL OF SURBITON

 

LORD LOW OF DALSTON

 

BARONESS FINLAY OF LLANDAFF

209Insert the following new Clause—
"Continuity of social care support
(1)  This section applies where—
(a)  an English or Welsh local authority (the original authority) has made a determination of need for care services in respect of a person ordinarily resident in its area under any of the social care enactments, and—
(i)  has arranged or is providing such services, or
(ii)  is making payments to such a person in lieu of care services under section 57 of the Health and Social Care Act 2001 (c. 15) or section 17A of the Children Act 1989 (c. 41); and
(b)  the person concerned becomes or intends to become ordinarily resident in a different local authority (the new authority).
(2)  It shall be the duty of the original authority to—
(a)  give notice to the new authority if it becomes aware that a person to whom it provides care services or direct payments intends to become ordinarily resident in the new authority's area; and
(b)  co-operate with the new authority in making appropriate arrangements for such a person.
(3)  It shall be the duty of the new authority to provide the person concerned with—
(a)  services of an equivalent type and quantity to those provided by the original authority, or
(b)  direct payments enabling an equivalent type and quantity of support to that provided by the original authority,
 for such transitional period as may be prescribed.
(4)  All arrangements made under subsections (2) and (3) are to be made with the involvement and consent of the person concerned and must include effective arrangements to meet any new or different needs of the person concerned.
(5)  For the purposes of this section "social care enactments" includes—
(a)  section 2 of the Chronically Sick and Disabled Persons Act 1970 (c. 44);
(b)  section 4 of the Disabled Persons (Services, Consultation and Representation Act) 1986 (c. 33);
(c)  section 17 of the Children Act 1989 (c. 41);
(d)  section 47 of the National Health Service and Community Care Act 1990 (c. 19)."
 

LORD LOW OF DALSTON

 

EARL HOWE

 

BARONESS BARKER

209AInsert the following new Clause—
"Resolution of ordinary residence disputes
  After section 32 of the National Assistance Act 1948 (c. 29) insert—
 "Resolution of ordinary residence disputes
32AFunction of the Secretary of State
  If—
(a)  a relevant authority notifies another relevant authority that they are in dispute as to the area of ordinary residence of a person who is eligible for care under Part III of this Act, or for care which falls within the scope of section 86 of the Social Work (Scotland) Act 1968,
(b)  those authorities are subsequently unable to reach agreement on the area of ordinary residence of that person, and
(c)  a period of 60 days from the day on which notification is given, or such a period as the Secretary of State may from time to time prescribe, has expired,
 a question arises under section 32(3) of the National Assistance Act 1984 or section 86(2) of the Social Work (Scotland) Act 1968 which it is a function of the Secretary of State to resolve promptly.
32BProcedures etc.
  The Secretary of State may by regulations provide—
(a)  for procedures that must be followed by relevant authorities involved in ordinary residence disputes, including without limitation alternative dispute resolution procedures;
(b)  for the appointment of Ordinary Residence Adjudicators, who shall be legally qualified;
(c)  for the appointment of Ordinary Residence Advisers, who shall have expertise in social care;
(d)  for procedures for convening an Ordinary Residence Panel ("a Panel"), which shall be chaired by an Adjudicator and may, at the discretion of the Secretary of State, include one or more Advisers;
(e)  for fees to be paid by relevant authorities when a case is referred to a Panel;
(f)  for such measures as he considers desirable to ensure that any case that comes to a Panel for determination is considered in a timely fashion;
(g)  for the publication of any determinations in such a manner that the identity of any service user involved shall remain confidential;
(h)  that a Panel may be convened to settle disputes as to the area of ordinary residence of a person arising in connection with services provided under any specified enactment, in accordance with any procedures and conditions laid down in regulations;
(i)  such other measures as he considers desirable.
32CDevolved administrations
  The Secretary of State shall direct that Ordinary Residence Panels carry out his functions—
(a)  under section 32(3) of the National Assistance Act 1948, in relation to Authorities in England;
(b)  under section 32(3) of the National Assistance Act 1948, with the consent of the Welsh Ministers, in relation to Authorities in Wales;
(c)  under section 86(2) of the Social Work (Scotland) Act 1968, with the consent of the Scottish Ministers, in relation to Authorities in Scotland.
32DDefinition of a relevant authority
  In sections 32A to 32D "a relevant authority" means
(a)  a local authority, or
(b)  a Primary Care Trust.""

 
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22 May 2008