Session 2009-10
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Personal Care at Home Bill [HL]



MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT

The amendments have been marshalled in accordance with the Instruction of 21st July 2008, as follows—

[Amendments marked * are new or have been altered]

Clause 1

BARONESS CAMPBELL OF SURBITON

BARONESS WILKINS

BARONESS BARKER

1*

Page 1, line 20, at end insert—

“( ) impose on local authorities duties relating to the portability of the free provision”

LORD BEST

LORD WARNER

EARL HOWE

BARONESS BARKER

2

Page 1, line 22, at end insert—

“( ) not be made before 1 April 2011”

EARL HOWE

BARONESS MORRIS OF BOLTON

3

Page 2, line 12, at end insert—

“( ) For the purposes of this section, where a person has been assessed as deafblind, provision of personal care to a person living at home shall include the provision of communication and mobility support.”

BARONESS MASHAM OF ILTON

4

Page 2, line 12, at end insert—

“( ) After section 16 of the Community Care (Delayed Discharges etc.) Act 2003 insert—

“16A Right of appeal

(1) The Secretary of State shall by regulations establish an appeal mechanism for persons who believe that they are entitled, under section 15, to a qualifying service free of charge for a period of longer than six weeks, but who have been refused such a service by their local authority.

(2) Regulations made under subsection (1) shall be made by statutory instrument and any such instrument may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.””

Clause 2

LORD LIPSEY

EARL HOWE

BARONESS BARKER

BARONESS MURPHY

5

Page 2, line 31, at end insert—

“(3) This Act shall come into force on such day as the Secretary of State may, by order made by statutory instrument, appoint.

(4) A statutory instrument containing an order made under subsection (3) may not be made unless a draft of the instrument has been laid before, and approved by, a resolution of each House of Parliament.”

LORD WARNER

BARONESS BARKER

EARL HOWE

BARONESS MURPHY

6

Page 2, line 31, at end insert—

“( ) This Act shall not come into force until the Secretary of State has commissioned an independent review of the affordability of the provisions contained within this Act and has laid the report of that review before both Houses of Parliament.”

After Clause 2

BARONESS BARKER

LORD LIPSEY

LORD WARNER

BARONESS MURPHY

7

Insert the following new Clause—

“Expiry

(1) This Act shall cease to have effect at the end of the period of two years beginning with the day on which it is passed unless the condition in subsection (2) is satisfied.

(2) The condition is that regulations made under section 15 of the Community Care (Delayed Discharges etc.) Act 2003, having the effect of requiring the provision of personal care at home free of charge for periods of more than six weeks, are in force.”


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Prepared 8:35 on 16th March 2010