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239

 

House of Commons

 
 

Thursday 30 January 2014

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Care Bill [Lords]


 

Note

 

The Amendments have been arranged in accordance with the Order of the

 

Committee [9 January 2014].

 


 

Paul Burstow

 

91

 

Clause  109,  page  95,  line  35,  after ‘Health;’, insert—

 

‘( )    

the Chief Nursing Officer of the Department of Health,’.

 

Mr Jamie Reed

 

Liz Kendall

 

169

 

Clause  109,  page  95,  line  41,  at end insert—

 

‘(j)    

the Chief Nursing Officer of the Department of Health;

 

(k)    

the Medicines and Healthcare Products Regulatory Authority.’.

 


 

Paul Burstow

 

151

 

Clause  118,  page  101,  line  31,  at end insert—

 

‘(A1)    

In section 65H of the National Health Service Act 2006 (Chapter 5A of Part 2:

 

consultation requirements), in subsection (7) after “Secretary of State;”, insert—

 

“(c)    

any overview and scrutiny committees in whose area the affected trusts

 

have hospitals, establishments or facilities; and”

 

(A2)    

In section 65H of that Act (consultation requirements), in subsection (8) leave out


 
 

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240

 

Care Bill-[Lords], continued

 
 

“(a)    

an overview and scrutiny committee of any authority to which section

 

244 applies;”.’.

 

Paul Burstow

 

153

 

Clause  118,  page  101,  line  31,  at end insert—

 

‘(A3)    

In section 65H of that Act (consultation requirements), at the end of subsection

 

(4) insert—

 

“( )    

The Trust Special Administrator must hold at least one meeting with

 

overview and scrutiny committees in whose area the affected trusts have

 

hospitals, establishments or facilities.”.’.

 

Paul Burstow

 

170

 

Clause  118,  page  101,  line  31,  at end insert—

 

‘(A4)    

In section 65KB of the National Health Service Act 2006 (Secretary of State’s

 

response to regulator’s decision), after paragraph (1)(b), insert—

 

“(ba)    

that in the discharge of its functions the trust special

 

administrator has reasonably sought and considered responses

 

from any affected trusts, staff of any affected trusts and such

 

persons as the trust special administrator may recognise as

 

representing staff of any affected trust, and any person to which

 

an affected trust provides goods or services under this Act that

 

would be affected by the action recommended in the draft

 

report.”.’.

 

Norman Lamb

 

135

 

Clause  118,  page  102,  line  19,  at end insert—

 

‘( )    

After subsection (7) of that section insert—

 

“(8)    

Where the administrator recommends taking action in relation to another

 

NHS foundation trust or an NHS trust, the references in subsection (5) to

 

a commissioner also include a reference to a person to which the other

 

NHS foundation trust or the NHS trust provides services under this Act

 

that would be affected by the action.”.’.

 

Norman Lamb

 

136

 

Clause  118,  page  102,  line  27,  at end insert—

 

‘( )    

In section 65H of that Act (consultation requirements), in subsection (4)—

 

(a)    

after “trust special administrator must” insert “—

 

(a)    

”, and

 

(b)    

at the end insert “, and

 

(b)    

in the case of each affected trust, hold at least one

 

meeting to seek responses from staff of the trust and

 

from such persons as the trust special administrator may

 

recognise as representing staff of the trust.”

 

( )    

In subsection (7) of that section, after paragraph (b) (but before paragraph (ba)

 

inserted by section 84(10)(a)) insert—

 

“(bza)    

any affected trust;


 
 

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(bzb)    

any person to which an affected trust provides goods or services

 

under this Act that would be affected by the action recommended

 

in the draft report;”.

 

( )    

In subsection (9) of that section—

 

(a)    

after “trust special administrator must” insert “—

 

(a)    

”,

 

(b)    

after “subsection (7)(b),” (but before the insertion made by section

 

84(10)(b)) insert “(bzb),”, and

 

(c)    

at the end insert “, and

 

(b)    

hold at least one meeting to seek responses from

 

representatives of each of the trusts from which the

 

administrator must request a written response under

 

subsection (7)(bza).”

 

( )    

After subsection (11) of that section, insert—

 

“(11A)    

In this section, “affected trust” means—

 

(a)    

where the trust in question is an NHS trust, another NHS trust, or

 

an NHS foundation trust, which provides goods or services under

 

this Act that would be affected by the action recommended in the

 

draft report;

 

(b)    

where the trust in question is an NHS foundation trust, another

 

NHS foundation trust, or an NHS trust, which provides services

 

under this Act that would be affected by the action recommended

 

in the draft report.”.

 

( )    

In subsection (12)(a) of that section, after “subsection (7)(b)”, insert “and

 

(bzb)”.’.

 

Norman Lamb

 

137

 

Clause  118,  page  103,  line  22,  at end insert—

 

‘( )    

in that paragraph, after sub-paragraph (7) insert—

 

  “(8)  

Omit subsection (8).”.’.

 

Norman Lamb

 

138

 

Clause  118,  page  103,  line  26,  at end insert—

 

‘( )    

in paragraph 17, in sub-paragraph (2)(a), for “paragraph (b)” substitute

 

“paragraphs (b) and (bzb)”,

 

( )    

in that paragraph, after sub-paragraph (4) insert—

 

“(4A)  

In subsection (11A)—

 

(a)    

omit paragraph (a), and

 

(b)    

in paragraph (b), omit “where the trust in question is

 

an NHS foundation trust,” and “, or an NHS

 

trust,”.”.’.

 



 
 

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242

 

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New Clauses

 

Rights of appeal

 

Norman Lamb

 

NC1

 

To move the following Clause:—

 

‘(1)    

In section 26 of the Health and Social Care Act 2008 (registration procedure:

 

notice of proposals), after subsection (4) insert—

 

“(4A)    

Where a proposal under subsection (4) names an individual and specifies

 

action that the Commission would require the registered person to take in

 

relation to that individual, the Commission must give that individual

 

notice in writing of the proposal.”

 

(2)    

In section 28 of that Act (notice of decisions), in subsection (6), for “subsection

 

(7)” substitute “subsections (7) to (9)”.

 

(3)    

In that section, after subsection (7) insert—

 

“(8)    

But in a case where notice of the proposal has been given to an individual

 

under section 26(4A) subsection (7) does not apply unless, by the time

 

the Commission receives the applicant’s notification, it has received

 

notification from the individual that he or she does not intend to appeal.

 

(9)    

And if the Commission receives notification from the individual after it

 

receives the applicant’s notification and before the end of the period

 

mentioned in subsection (6)(a), the decision is to take effect when the

 

Commission receives the individual’s notification.”’.

 


 

Integration of care and support with health services etc: integration fund

 

Norman Lamb

 

NC2

 

To move the following Clause:—

 

‘(1)    

At the end of section 223B of the National Health Service Act 2006 (funding of

 

the National Health Service Commissioning Board) insert—

 

“(6)    

Where the mandate specifies objectives relating to service integration,

 

the requirements that may be specified under section 13A(2)(b) include

5

such requirements relating to the use by the Board of an amount of the

 

sums paid to it under this section as the Secretary of State considers it

 

necessary or expedient to impose.

 

(7)    

The amount referred to in subsection (6)—

 

(a)    

is to be determined in such manner as the Secretary of State

10

considers appropriate, and

 

(b)    

must be specified in the mandate.

 

(8)    

The reference in subsection (6) to service integration is a reference to the

 

integration of the provision of health services with the provision of


 
 

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243

 

Care Bill-[Lords], continued

 
 

health-related services or social care services, as referred to in sections

15

13N and 14Z1.”

 

(2)    

After section 223G of that Act (meeting expenditure of clinical commissioning

 

groups out of public funds) insert—

 

“223GA 

 Expenditure on integration

 

(1)    

Where the mandate includes a requirement in reliance on section 223B(6)

20

(requirements relating to use by the Board of an amount paid to the Board

 

where mandate specifies service integration objectives), the Board may

 

direct a clinical commissioning group that an amount (a “designated

 

amount”) of the sums paid to the group under section 223G is to be used

 

for purposes relating to service integration.

25

(2)    

The designated amount is to be determined—

 

(a)    

where the mandate includes a requirement (in reliance on section

 

223B(6)) that designated amounts are to be determined by the

 

Board in a manner specified in the mandate, in that manner;

 

(b)    

in any other case, in such manner as the Board considers

30

appropriate.

 

(3)    

The conditions under section 223G(7) subject to which the payment of a

 

designated amount is made must include a condition that the group

 

transfers the amount into one or more funds (“pooled funds”) established

 

under arrangements under section 75(2)(a) (“pooling arrangements”).

35

(4)    

The conditions may also include—

 

(a)    

conditions relating to the preparation and agreement by the

 

group and each local authority and other clinical commissioning

 

group that is party to the pooling arrangements of a plan for how

 

to use the designated amount (a “spending plan”);

40

(b)    

conditions relating to the approval of a spending plan by the

 

Board;

 

(c)    

conditions relating to the inclusion of performance objectives in

 

a spending plan;

 

(d)    

conditions relating to the meeting of any performance objectives

45

included in a spending plan or specified by the Board.

 

(5)    

Where a condition subject to which the payment of a designated amount

 

is made is not met, the Board may—

 

(a)    

withhold the payment (in so far as it has not been made);

 

(b)    

recover the payment (in so far as it has been made);

50

(c)    

direct the clinical commissioning group as to the use of the

 

designated amount for purposes relating to service integration or

 

for making payments under section 256.

 

(6)    

Where the Board withholds or recovers a payment under subsection

 

(5)(a) or (b)—

55

(a)    

it may use the amount for purposes consistent with such

 

objectives and requirements relating to service integration as are

 

specified in the mandate, and

 

(b)    

in so far as the exercise of the power under paragraph (a)

 

involves making a payment to a different clinical commissioning

60

group or some other person, the making of the payment is subject

 

to such conditions as the Board may determine.


 
 

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(7)    

The requirements that may be specified in the mandate in reliance on

 

section 223B(6) include requirements to consult the Secretary of State or

 

other specified persons before exercising a power under subsection (5) or

65

(6).

 

(8)    

The power under subsection (5)(b) to recover a payment may be

 

exercised in a financial year after the one in respect of which the payment

 

was made.

 

(9)    

The payments that may be made out of a pooled fund into which a

70

designated amount is transferred include payments to a local authority

 

which is not party to the pooling arrangements in question in connection

 

with the exercise of its functions under Part 1 of the Housing Grants,

 

Construction and Regeneration Act 1996 (disabilities facilities grants).

 

(10)    

In exercising a power under this section, the Board must have regard to

75

the extent to which there is a need for the provision of each of the

 

following—

 

(a)    

health services (see subsection (12)),

 

(b)    

health-related services (within the meaning given in section

 

14Z1), and

80

(c)    

social care services (within the meaning given in that section).

 

(11)    

A reference in this section to service integration is a reference to the

 

integration of the provision of health services with the provision of

 

health-related services or social care services, as referred to in sections

 

13N and 14Z1.

85

(12)    

“Health services” means services provided as part of the health service in

 

England.”.’.

 

As an Amendment to Norman Lamb’s proposed New Clause (Integration of care and

 

support with health services etc: integration fund) (NC2):—

 

Paul Burstow

 

(a)

 

Line  74,  after ‘regard to’, insert ‘the duty to promote wellbeing in section 1 of the

 

Care Act 2014, and’.

 


 

Part 1 appeals

 

Norman Lamb

 

NC28

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Regulations may make provision for appeals against decisions taken by a local

 

authority in the exercise of functions under this Part in respect of an individual

 

(including decisions taken before the coming into force of the first regulations

 

made under this subsection).

 

(2)    

The regulations may in particular make provision about—

 

(a)    

who may (and may not) bring an appeal;


 
 

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Care Bill-[Lords], continued

 
 

(b)    

grounds on which an appeal may be brought;

 

(c)    

pre-conditions for bringing an appeal;

 

(d)    

how an appeal is to be brought and dealt with (including time limits);

 

(e)    

who is to consider an appeal;

 

(f)    

matters to be taken into account (and disregarded) by the person or body

 

considering an appeal;

 

(g)    

powers of the person or body deciding an appeal;

 

(h)    

what action is to be taken by a local authority as a result of an appeal

 

decision;

 

(i)    

providing information about the right to bring an appeal, appeal

 

procedures and other sources of information and advice;

 

(j)    

representation and support for an individual bringing or otherwise

 

involved in an appeal.

 

(3)    

Provision about pre-conditions for bringing an appeal may require specified steps

 

to have been taken before an appeal is brought.

 

(4)    

Provision about how an appeal is to be dealt with may include provision for—

 

(a)    

the appeal to be treated as, or as part of, an appeal brought or complaint

 

made under another procedure;

 

(b)    

the appeal to be considered with any such appeal or complaint.

 

(5)    

Provision about who is to consider an appeal may include provision—

 

(a)    

establishing, or requiring or permitting the establishment of, a panel or

 

other body to consider an appeal;

 

(b)    

requiring an appeal to be considered by, or by persons who include,

 

persons with a specified description of expertise or experience.

 

(6)    

Provision about representation and support for an individual may include

 

provision applying any provision of or made under section 68, with or without

 

modifications.

 

(7)    

The regulations may make provision for—

 

(a)    

an appeal brought or complaint made under another procedure to be

 

treated as, or as part of, an appeal brought under the regulations;

 

(b)    

an appeal brought or complaint made under another procedure to be

 

considered with an appeal brought under the regulations;

 

(c)    

matters raised in an appeal brought under the regulations to be taken into

 

account by the person or body considering an appeal brought or

 

complaint made under another procedure.

 

(8)    

The regulations may include provision conferring functions on a person or body

 

established by or under an Act (including an Act passed after the passing of this

 

Act); for that purpose, the regulations may amend, repeal, revoke or otherwise

 

modify an enactment.

 

(9)    

Regulations may make provision, in relation to a case where an appeal is brought

 

under regulations under subsection (1)—

 

(a)    

for any provision of this Part to apply, for a specified period, as if a

 

decision (“the interim decision”) differing from the decision appealed

 

against had been made;

 

(b)    

as to what the terms of the interim decision are, or as to how and by whom

 

they are to be determined;

 

(c)    

for financial adjustments to be made following a decision on the appeal.


 
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Revised 30 January 2014