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Health and Social Care Bill

moved Amendment No. 66A: 66A: Clause 37, page 18, line 28, at end insert ““, or ( ) an administrator of an agreement where a person has entered into an individual voluntary arrangement with his creditors.”” The noble Baroness said: This takes us back to the central issue of how one provides regulatory legislation for different-sized providers of care. These two amendments deal in a different way with what happens in cases of insolvency involving a small provider. Amendment No. 66A would make plain what happens when individuals who are providers of care go into individual voluntary arrangements with their creditors—when they have serious financial difficulties that are one step short of bankruptcy. There is no requirement on the part of the administrator appointed under the IVA to notify the commission of his appointment. The amendment suggests that administrators of individual voluntary arrangements should be put on exactly the same basis as trustees in cases of bankruptcy. Amendment No. 66B deals with the situation arising from the death of a registered provider under Clause 38. It is envisaged that the person or representatives of the person who has died may carry on a regulated activity, albeit for a short time, to safeguard the needs of users. If a registered person running a small care home dies, those looking after their affairs can carry on that business for a short period of time so that vulnerable users do not have to be moved. This is a small and limited measure and I do not imagine that it would apply in many cases, but it could happen. The amendments are in the best interests of users because people in care homes are vulnerable and being moved without notice is known to be harmful to them. I beg to move.