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Notices of Amendments: 17 January 2019                  

8

 

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

 
 

(iii)    

laid that Code of Practice before Parliament, and

 

(b)    

that Code of Practice has been approved by a resolution of each House of

 

Parliament.”

 

Member’s explanatory statement

 

This amendment ensures that the Government cannot enact the provisions of this Bill until such a

 

date as it has published a new Code of Practice, which has been approved in a vote in each House

 

of Parliament.

 

Caroline Dinenage

 

1

 

Clause  5,  page  4,  line  25,  leave out subsection (9)

 

Member’s explanatory statement

 

This amendment removes the privilege amendment inserted by the Lords.

 


 

Caroline Dinenage

 

NC1

 

To move the following Clause—

 

         

“Meaning of deprivation of liberty

 

(1)    

After section 4 of the Mental Capacity Act 2005 insert—

 

“4ZA  

Meaning of deprivation of liberty

 

(1)    

In this Act, references to deprivation of a person’s liberty have the same

 

meaning as in Article 5(1) of the Human Rights Convention and,

 

accordingly, a person is not deprived of liberty in any of the

 

circumstances described in subsections (2) to (4).

 

(2)    

A person is not deprived of liberty in a particular place if the person is

 

free to leave that place permanently.

 

(3)    

A person is not deprived of liberty in a particular place if—

 

(a)    

the person is not subject to continuous supervision, and

 

(b)    

the person is free to leave the place temporarily (even if subject

 

to supervision while outside that place).

 

(4)    

A person is not deprived of liberty if—

 

(a)    

the arrangements alleged to give rise to the deprivation of liberty

 

are put in place in order to give medical treatment for a physical

 

illness or injury, and

 

(b)    

the same (or materially the same) arrangements would be put in

 

place for any person receiving that treatment.

 

(5)    

A person is free to leave a particular place for the purposes of subsections

 

(2) and (3) even if the person is unable to leave that place provided that

 

if the person expressed a wish to leave the person would be enabled to do

 

so.”


 
 

Notices of Amendments: 17 January 2019                  

9

 

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

 
 

(2)    

In section 64(5) of that Act (interpretation) for the words from “same” to the end

 

substitute “meaning given by section 4ZA.””

 

Member’s explanatory statement

 

This New Clause provides the meaning of “deprivation of liberty” for the purposes of the Mental

 

Capacity Act 2005.

 

 

Order of the House [18 December 2018]

 

That the following provisions shall apply to the Mental Capacity (Amendment) Bill

 

[Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 24 January 2019.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and any proceedings in legislative grand

 

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

 

conclusion one hour before the moment of interruption on the day on which

 

proceedings on Consideration are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill may be programmed.

 

 

Order of the Committee [15 January 2019]

 

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

 

conclusion at 5.00 pm on Thursday 24 January.

 


 
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Revised 17 January 2019