Health and Social Care Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 35

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 44, line 26, leave out "(other than practitioner dispensing services)"
Page 44, line 28, leave out subsection (9)
 

Clause 50

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

The above-named Lords give notice of their intention to oppose the Question that Clause 50 stand part of the Bill.
 

Clause 52

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Page 53, line 22, leave out subsection (1) and insert—
  "(1)   Where—
(a)  one or more Primary Care Trusts, NHS trusts or local authorities are, or are to be, party to any existing or proposed delegation arrangements, and
(b)  the relevant authority is of the opinion that the establishment of a new body would be likely to promote the proper integration of prescribed health-related functions of a local authority in conjunction with prescribed NHS functions of a Primary Care Trust or NHS trust (in accordance with the arrangements),
the relevant authority may establish a Care Trust."  

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 53, line 32, leave out from "made" to end and insert—
"(a)  after consultation with all statutory patient representative bodies in existence at the time the application is made,
(b)  where a report on the consultation undertaken in accordance with paragraph (a) above accompanies the application and the designated authority is satisfied that the consulted bodies concur with the application, and
(c)  where the application is made jointly by every prescribed body."

Page 54, line 1, leave out from "such" to end of line and insert "due consultation;"
Page 55, line 10, at end insert—
  ""due consultation" means consultation conducted in accordance with regulations;"
 

Clause 53

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 56, line 9, after "may" insert ",   after due consultation,"
Page 56, line 33, at end insert—
  "(   )   The Secretary of State shall prescribe by regulations both the bodies to be consulted (which shall include Patients' Councils) and the process of due consultation under section 52 and this section.
  (   )   Before making regulations under this section the Secretary of State shall consult with Community Health Councils, Patients' Councils, Patients' Forums, other patients' and carers' organisations and such other organisations as the Secretary of State considers appropriate."
Page 56, line 36, at end insert—
  ""due consultation" means consultation conducted in accordance with regulations;"
 

After Clause 60

 

THE LORD CLEMENT-JONES
THE BARONESS BARKER

Insert the following new Clause—
  "Cessation of payments when determining need for residential accommodation
  In section 21 of the Act 1948 (duties of local authorities to provide accommodation) there shall be inserted—
  "(9)   Where a person—
(a)  has previously made his own arrangements for receipt of care and attention in a residential care or nursing home,
(b)  has requested an assessment under section 47 of the National Health Service and Community Care Act 1990, inter alia, with a view to obtaining community care services, including accommodation provided under section 21(1), and
(c)  the authority has assessed that person as being in need of such care and attention under section 21(1),
any liability of that person to make any payments under existing arrangements, or alternative arrangements which may be made, shall cease either at the date that the request for the assessment is notified to the local authority, or if later at the date at which the person becomes financially eligible for assistance (under regulations made for the purposes of section 22), and liability shall pass to the local authority to fund that care and attention from that date.   (10)   Regulations may provide for criteria as to whether the existing arrangements continue.
  (11)   The Authority may in respect of any payment made by them in pursuance of subsection (9) above, recover from that person such an amount in accordance with regulations made for the purposes of section 22.
  (12)   A person will be entitled to recover any monies paid in excess of the amount for which he is liable in accordance with the regulations made for the purposes of section 22 from the date at which the local authority became liable under subsection (9).""
 

Clause 67

 

THE EARL HOWE
THE LORD ASTOR OF HEVER

Page 67, line 11, at beginning insert—
  "(   )   The Secretary of State shall—
(a)  consult such persons or bodies as reasonably appear to him to be interested in or concerned with the protection, distribution or dissemination of patient data in such a manner as he shall reasonably consider appropriate; and
(b)  publish a report on the consultation which he undertakes under paragraph (a) above together with his conclusions as to any regulations under this section which are required as a result of the consultations."
 
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