Health and Social Care Bill — Report (7th Day) (Continued) — 13 Mar 2012 at 16:55

Amendment 292A

Moved by Baroness Greengross

292A: Before Clause 280, insert the following new Clause-

"Human Rights Act 1988: provision of certain personal care and health care services to be public function

(1) A person who is commissioned to provide-

(a) personal care to an individual living in their own home, or

(b) a health care service,

shall be taken to be exercising a function of a public nature in providing such a service.

(2) In subsection (1)(a) "personal care" in relation to England has the same meaning as in paragraph 2 of the Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 and in relation to Scotland has the same meaning as "personal care and personal support" as defined in section 2(28) of the Regulation of Care (Scotland) Act 2001 and section 1(1)(c) and Schedule 1 to the Community Care and Health (Scotland) Act 2001.

(3) In subsection (1)(a) and (b) "functions of a public nature" has the same meaning as in section 6(3) of the Human Rights Act 1998 (acts of public authorities)."

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