Mental Capacity (Amendment) Bill [HL] - Commons Amendments

Part of the debate – in the House of Lords at 4:45 pm on 26th February 2019.

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Moved by Baroness Blackwood of North Oxford

That this House do agree with the Commons in their Amendments 5 to 23.

5: Schedule 1, page 7, line 13, at end insert—““Education, Health and Care plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014;”

6: Schedule 1, page 7, leave out line 16

7: Schedule 1, page 7, line 17, at end insert—““independent hospital” has the meaning given by paragraph 5;”

8: Schedule 1, page 7, line 27, at end insert—““NHS hospital” has the meaning given by paragraph 5;”

9: Schedule 1, page 7, line 46, leave out “Hospital” and insert “NHS hospital and independent hospital”

10: Schedule 1, page 7, leave out line 47

11: Schedule 1, page 8, line 15, after “6” insert “(1)”

12: Schedule 1, page 8, line 16, leave out “a” and insert “an NHS”

13: Schedule 1, page 8, line 17, at end insert—“(aa) if the arrangements are carried out mainly in an independent hospital in England, the responsible local authority determined in accordance with paragraph 8A;(ab) if the arrangements are carried out mainly in an independent hospital in Wales, the Local Health Board for the area in which the hospital is situated;”

14: Schedule 1, page 8, line 18, leave out “paragraph (a) does not apply” and insert “none of the paragraphs (a) to (ab) applies”

15: Schedule 1, page 8, line 19, leave out from “mainly” to “that” in line 21 and insert “through— (i) the provision of NHS continuing healthcare under arrangements made by a clinical commissioning group,or(ii) in Wales, the provision of an equivalent to NHS continuing healthcare under arrangements made by a Local Health Board,”

16: Schedule 1, page 8, line 23, leave out “neither paragraph (a) nor paragraph (b)” and insert “none of paragraphs (a) to (b)”

17: Schedule 1, page 8, line 24, leave out “(see paragraph 9)” and insert “determined in accordance with paragraph 9”

18: Schedule 1, page 8, line 24, at end insert— “(2) If an independent hospital is situated in the areas of two or more Local Health Boards, it is to be regarded for the purposes of sub-paragraph (1)(ab) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated.”

19: Schedule 1, page 8, line 25, after “manager”” insert “, in relation to an NHS hospital,”

20: Schedule 1, page 8, line 41, at end insert—“(ca) if the hospital is vested in a Local Health Board, that Board.”

21: Schedule 1, page 8, line 42, leave out from beginning to end of line 10 on page 9

22: Schedule 1, page 9, line 18, at end insert— “8A (1) In paragraph 6(1)(aa), “responsible local authority”, in relation to a cared-for person aged 18 or over, means—(a) if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan;(b) if paragraph (a) does not apply and the cared-for person has needs for care and support which are being met under Part 1 of the Care Act 2014, the local authority meeting those needs;(c) in any other case, the local authority determined in accordance with sub-paragraph (4). (2) If more than one local authority is meeting the needs of a cared-for person for care and support under Part 1 of the Care Act 2014 the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Part of that Act. (3) In paragraph 6(1)(aa), “responsible local authority”, in relation to a cared-for person aged 16 or 17, means—(a) if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan;(b) if paragraph (a) does not apply and the cared-for person is being provided with accommodation under section 20 of the Children Act 1989, the local authority providing that accommodation;(c) if neither paragraph (a) nor paragraph (b) applies and the cared- for person is subject to a care order under section 31 of the Children Act 1989 or an interim care order under section 38 of that Act, and a local authority in England is responsible under the order for the care of the cared-for person, that local authority;(d) if none of paragraphs (a) to (c) applies, the local authority determined in accordance with sub-paragraph (4). (4) In the cases mentioned in sub-paragraphs (1)(c) and (3)(d), the “responsible local authority” is the local authority for the area in which the independent hospital mentioned in paragraph 6(1)(aa) is situated. (5) If an independent hospital is situated in the areas of two or more local authorities, it is to be regarded for the purposes of sub-paragraph (4) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated.”

23: Schedule 1, page 10, leave out lines 43 to 45

Motion on Amendments 5 to 23 agreed.