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Community Care (Delayed Discharges etc.) Bill


Community Care (Delayed Discharges etc.) Bill
Part 1 — Delayed discharge payments

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 9     Interpretation

In this Part—

                      “community care service” has the meaning given by section 46(3) of the

National Health Service and Community Care Act 1990;

                      “health service hospital” has the same meaning as in the National Health

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Service Act 1977;

                      “independent hospital” has the same meaning as in the Care Standards

Act 2000;

                      “NHS body” has the meaning given by section 1;

                      “qualifying hospital patient” has the meaning given by section 1;

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                      “the responsible authority” has the meaning given by section 2(6);

                      “the responsible NHS body” has the meaning given by section 2(5);

                      “social services authority” means a local authority for the purposes of the

Local Authority Social Services Act 1970.

 10    Application of Local Authority Social Services Act 1970

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In Schedule 1 to the Local Authority Social Services Act 1970 (social services

functions to which that Act applies) at the appropriate place there is inserted—

 

“Community Care (Delayed

   
 

Discharges etc.) Act 2003

   
 

Part 1 ............................................

Functions relating to hospital

 

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patients likely to need

 
   

community care services to be

 
   

made available in order to be

 
   

discharged safely.”

 

 11    Power to extend the application of Part 1 to NHS patients in care homes

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     (1)    The appropriate Minister may by order provide for this Part to apply in

relation to qualifying care home patients as it applies to qualifying hospital

patients.

     (2)    An order under this section may—

           (a)           specify such modifications of this Part as appear to the appropriate

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Minister to be necessary for it to apply satisfactorily in relation to

qualifying care home patients; and

           (b)           make supplementary, consequential, incidental, transitional or saving

provision.

     (3)    In this section—

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                    “care home” has the same meaning as in the Care Standards Act 2000 (c.

14); and

                    “qualifying care home patient” means a person being accommodated at a

care home, in pursuance of arrangements made by an NHS body, who

is receiving (or who has received or is expecting to receive) care of a

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description prescribed in regulations.

     (4)    The care prescribed under subsection (3) must be care which is prescribed

under section 1 for the purposes of the definition of “qualifying hospital

 

 

Community Care (Delayed Discharges etc.) Bill
Part 2 — Local authority community care services and services for carers

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     (4)    patient” (or which as nearly as possible corresponds to care that is so

prescribed).

     (5)    The power to make an order under this section is exercisable by statutory

instrument subject, in the case of an order made by the Secretary of State (or by

the Secretary of State and the Assembly acting jointly), to annulment in

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pursuance of a resolution of either House of Parliament.

Part 2

Local authority community care services and services for carers

 12    Free provision of services in England

     (1)           The Secretary of State may by regulations require that the provision of any

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qualifying service of a description prescribed in the regulations is to be free of

charge to the person to whom it is provided.

     (2)    The regulations may (without prejudice to the generality of subsection (1))—

           (a)           prescribe circumstances in which a qualifying service is to be provided

free of charge; and

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           (b)           limit the period for which a qualifying service is to be so provided.

     (3)    In this section “qualifying service” means—

           (a)           the provision of accommodation under Part 3 of the National

Assistance Act 1948 (c. 29) in pursuance of arrangements made by a

local authority in England; or

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           (b)           any service which is provided to a person by, or in pursuance of

arrangements made by, a local authority in England under any

enactment mentioned in section 17(2)(a) to (c) and (f) of the Health and

Social Services and Social Security Adjudications Act 1983 (c. 41)

(charges for local authority services).

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     (4)    The regulations may not require any of the following services to be provided

free of charge for a period of more than six weeks—

           (a)           the provision of accommodation under Part 3 of the National

Assistance Act 1948;

           (b)           the provision of personal care to a person in any place where that

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person is living, other than accommodation provided under that Part of

that Act;

           (c)           a service provided to a carer under section 2 of the Carers and Disabled

Children Act 2000 which consists of the provision of personal care

delivered to the person cared for (in accordance with subsection (3) of

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that section).

     (5)    The regulations may—

           (a)           make different provision for different descriptions of qualifying

service; and

           (b)           make supplementary, consequential, incidental, transitional or saving

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provision.

     (6)    The power of the Secretary of State to make regulations under this section is

exercisable by statutory instrument subject to annulment in pursuance of a

resolution of either House of Parliament.

 

 

Community Care (Delayed Discharges etc.) Bill
Part 3 — Supplementary

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 13    Free provision of services in Wales

The Assembly may by regulations made by statutory instrument make in

relation to local authorities in Wales any provision which may be made by the

Secretary of State under section 12 in relation to local authorities in England.

 14    Consequential amendments

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     (1)    In section 22 of the National Assistance Act 1948 (c. 29) (charges for

accommodation provided or arranged by local authority), after subsection (8)

there is inserted—

           “(8A)              This section shall have effect subject to any regulations under section 12

of the Community Care (Delayed Discharges etc.) Act 2003 (power to

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require certain community care services and services for carers to be

provided free of charge).”

     (2)    In section 26 of that Act (provision of accommodation in premises maintained

by voluntary organisations), after subsection (4) there is inserted—

           “(4AA)              Subsections (2) to (4) shall have effect subject to any regulations under

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section 12 of the Community Care (Delayed Discharges etc.) Act 2003

(power to require certain community care services and services for

carers to be free of charge).”

     (3)    In section 17 of the Health and Social Services and Social Security

Adjudications Act 1983 (c. 41) (power to charge for certain local authority

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services), after subsection (4) there is inserted—

           “(5)              This section has effect subject to any regulations under section 12 of the

Community Care (Delayed Discharges etc.) Act 2003 (power to require

certain community care services and services for carers to be free of

charge).”

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Part 3

Supplementary

 15     Money

There shall be paid out of money provided by Parliament—

           (a)           any expenditure incurred by the Secretary of State by virtue of this Act;

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and

           (b)           any increase attributable to this Act in the sums payable out of money

so provided by virtue of any other Act.

 16    Meaning of “the appropriate Minister” and “the Assembly”

     (1)    In this Act “the appropriate Minister” means—

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           (a)           in relation to England, the Secretary of State;

           (b)           in relation to Wales, the Assembly; and

           (c)           in relation to England and Wales, the Secretary of State and the

Assembly acting jointly.

     (2)    In this Act “the Assembly” means the National Assembly for Wales.

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Community Care (Delayed Discharges etc.) Bill
Part 3 — Supplementary

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 17    Short title, commencement and extent

     (1)    This Act may be cited as the Community Care (Delayed Discharges etc.) Act

2003.

     (2)    Part 1 shall come into force on such day as the appropriate Minister may by

order made by statutory instrument appoint; and different days may be

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appointed for different purposes.

     (3)    This Act extends to England and Wales only.

 

 

 
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