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1

 

House of Commons

 
 

Tuesday 15 January 2019

 

Public Bill Committee Proceedings

 

Mental Capacity (Amendment) Bill [Lords]


 

[First and Second Sittings]


 

Glossary

 

This document shows the fate of each clause, schedule, amendment and new clause.

 

The following terms are used:

 

Agreed to: agreed without a vote.

 

Agreed to on division: agreed following a vote.

 

Negatived: rejected without a vote.

 

Negatived on division: rejected following a vote.

 

Not called: debated in a group of amendments, but not put to a decision.

 

Not moved: not debated or put to a decision.

 

Question proposed: debate underway but not concluded.

 

Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.

 

Not selected: not chosen for debate by the Chair.

 

 


 

Caroline Dineage

 

Agreed to

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 9.25 am on Tuesday 15

 

January) meet—

 

(a)  

at 2.00 pm on Tuesday 15 January;

 

(b)  

at 11.30 am and 2.00 pm on Thursday 17 January;

 

(c)  

at 9.25 am and 2.00 pm on Tuesday 22 January;

 

(d)  

at 11.30 am and 2.00 pm on Thursday 24 January;

 

(2)  

the proceedings shall be taken in the following order: Clause 1; Schedule 1;

 

Clauses 2 to 4; Schedule 2; Clause 5; new Clauses; new Schedules; remaining

 

proceedings on the Bill;

 

(3)  

the proceedings shall (so far as not previously concluded) be brought to a


 
 

Public Bill Committee Proceedings: 15 January 2019        

2

 

Mental Capacity (Amendment) Bill-[Lords], continued

 
 

conclusion at 5.00 pm on Thursday 24 January.

 


 

Caroline Dineage

 

That, subject to the discretion of the Chair, any written evidence received by the

 

Committee shall be reported to the House for publication.

 

Agreed to

 


 

Clause 1 Agreed to.

 

Caroline Dinenage

 

Agreed to  2

 

Schedule  1,  page  5,  line  19,  leave out “if a person objects to arrangements” and

 

insert “in certain cases”

 

Barbara Keeley

 

Paula Sherriff

 

Thangam Debbonaire

 

Alex Norris

 

Negatived on division  19

 

Schedule  1,  page  8,  line  17,  at end insert—

 

“(aa)    

if the arrangements are for the cared-for person to be accommodated

 

in an independent hospital for the purpose of assessment or treatment

 

for mental disorder, and that care is commissioned by a clinical

 

commissioning group or Local Health Board, it is the clinical

 

commissioning group or Local Health Board, that is the responsible

 

body;”

 

Caroline Dinenage

 

Agreed to  3

 

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,”

 

Steve McCabe

 

Withdrawn after debate  47

 

Schedule  1,  page  11,  line  17,  at end insert—

 

“(d)    

the arrangements are in the cared for person’s best interest,

 

(e)    

less restrictive options have been considered,

 

(f)    

appropriate weight has been given to the cared for person’s feelings

 

and wishes as best as these can be determined.”


 
 

Public Bill Committee Proceedings: 15 January 2019        

3

 

Mental Capacity (Amendment) Bill-[Lords], continued

 
 

Caroline Dinenage

 

Agreed to on division  4

 

Schedule  1,  page  11,  line  19,  leave out from beginning to end of line 7 on page 12

 

and insert—

 

“13(1)  

As soon as practicable after authorising arrangements, the responsible body

 

must ensure that a copy of the authorisation record is given to—

 

(a)    

the cared-for person,

 

(b)    

any independent mental capacity advocate appointed under paragraph

 

39 to represent and support the cared-for person,

 

(c)    

any person within paragraph 39(5) in respect of the cared-for person

 

(the “appropriate person”), and

 

(d)    

any independent mental capacity advocate appointed under paragraph

 

40 to support the appropriate person.

 

      (2)  

As soon as practicable after authorising arrangements, the responsible body

 

must take such steps as are practicable to ensure that the cared-for person and

 

any other person listed in sub-paragraph (1) understands—

 

(a)    

the effect of the authorisation,

 

(b)    

the right to make an application to the court to exercise its jurisdiction

 

under section 21ZA,

 

(c)    

the programme of regular reviews specified by the responsible body in

 

accordance with paragraph 35(2),

 

(d)    

the right to request a review under paragraph 35(3)(b),

 

(e)    

the circumstances in which a referral will be made to an Approved

 

Mental Capacity Professional under paragraph 35(4),

 

(f)    

the circumstances in which an independent mental capacity advocate

 

should be appointed under paragraph 39, and

 

(g)    

the effect of there being an appropriate person in relation to the cared-

 

for person.”

 

Barbara Keeley

 

Paula Sherriff

 

Thangam Debbonaire

 

Alex Norris

 

Negatived on division  20

 

Schedule  1,  page  12,  line  12,  leave out paragraph 14(b)

 

[Adjourned until Thursday at 11.30am


 

 

Revised 15 January 2019