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Amendments to the Community Care (Delayed Discharges etc.) Bill

Community Care (Delayed Discharges etc.) Bill


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS FINLAY OF LLANDAFF

1*Page 2, line 2, at end insert—
"(   )  The term "independent hospital" includes any hospice registered as an independent hospital (hospice acute category)."
 

THE LORD HUNT OF KINGS HEATH

2Page 2, line 4, at end insert—
"(3)  An NHS body may make arrangements with any person connected with the management of an independent hospital in the United Kingdom for that person (or any employee of his) to do, on behalf of the NHS body and in accordance with the arrangements, anything which is required or authorised to be done by the NHS body by or under this Part in relation to qualifying hospital patients accommodated in that hospital.
(4)  Anything done or omitted to be done by or in relation to the authorised person (or any employee of his) in pursuance of such arrangements is to be treated as done or omitted to be done by or in relation to the NHS body.
(5)  Nothing in subsection (3) or (4) prevents anything being done by or in relation to the NHS body."
 

Clause 2

 

THE BARONESS BARKER
THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS FINLAY OF LLANDAFF

3Page 2, line 22, at end insert "; and
"(c)  a decision has been made that the patient will not require continuing NHS health care other than services provided by the NHS under section 5(2), a record has been made of why the patient is considered not to meet each of the criteria for such care, and the patient has been informed of his right of review of this decision."
 

THE LORD HUNT OF KINGS HEATH

4Page 2, line 38, after first "the" insert "responsible NHS"
 

Clause 4

 

THE LORD HUNT OF KINGS HEATH

5Page 3, line 33, leave out from "case" to end of line 34 and insert "under section 2 has been given"
 

THE LORD MORRIS OF MANCHESTER

6Page 3, line 45, at end insert—
"(   )  Where the responsible authority does not carry out its duty under section 4(2)(a) within the minimum interval prescribed under section 5(6)(b), the responsible NHS body must carry out the assessment of the patient's needs on its behalf."
 

THE LORD HUNT OF KINGS HEATH

7Page 4, line 38, leave out "him" and insert "the patient"
 

THE LORD RIX

8Page 5, line 15, at end insert—
"(12A)  In the case of any person having a learning disability, irrespective of the age of the person and of whether or not that person has other disabilities, the NHS body and the responsible authority shall take account of that person's learning disability in ensuring the person's supported return to their previous home or, where this is impossible, their support in an alternative placement."
 

Clause 5

 

THE LORD HUNT OF KINGS HEATH

9Page 5, line 39, leave out "was" and insert "is"
 

THE LORD CLEMENT-JONES
THE EARL HOWE
THE BARONESS NOAKES

10*Page 5, line 44, at end insert "excluding Saturdays, Sundays and public holidays"
 

THE LORD HUNT OF KINGS HEATH

11Page 6, line 4, leave out "new" and insert "fresh"
 

Clause 6

 

THE LORD HUNT OF KINGS HEATH

12Page 6, line 25, at beginning insert "the patient has not been discharged and"
 

Clause 7

 

THE EARL HOWE
THE BARONESS NOAKES
THE BARONESS BARKER

13*Page 7, line 31, at end insert—
"(   )  Section 6 shall not come into force until 30 days after the Secretary of State has determined that the systems of incentives within NHS bodies operate to discourage NHS bodies from discharging patients inappropriately."
 

Clause 9

 

THE LORD HUNT OF KINGS HEATH

14Page 8, line 26, leave out "under this Part"
 

Clause 10

 

THE LORD HUNT OF KINGS HEATH

15Page 8, line 43, leave out from "incurred" to "from" in line 46 and insert—
"(i)  in the performance of functions under this Part in relation to a qualifying patient;
(ii)  in the provision of community care services which are the subject of a decision under section 4(2)(b); or
(iii)  in the provision of services to a carer which are the subject of a decision under section 4(4)(b),"
 

After Clause 20

 

THE EARL HOWE
THE BARONESS NOAKES
THE LORD CLEMENT-JONES

16*Insert the following new Clause—
  "Duration
(1)  Subject to subsection (2), Part 1 of this Act shall cease to have effect at the end of five years beginning with the date on which it comes into force.
(2)  If the Secretary of State is satisfied that it is necessary for social services authorities to continue making payments in cases where the discharge of patients is delayed for reasons relating to the provision of community care services or services for carers, he may make an order providing that Part 1 of this Act shall continue in force for a further five years.
(3)  An order may not be made under subsection (2) unless a draft of that order has been laid before, and approved by resolution of, both Houses of Parliament."

 
 
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©Parliamentary copyright 2003
17 March 2003