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1

 

SUPPLEMENT TO THE VOTES AND PROCEEDINGS

 
 

Tuesday 2 April 2019

 

Proceedings

 

on Consideration of Lords Message

 

Mental Capacity (Amendment) Bill [Lords]


 

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Withdrawn after debate: moved and debated but then withdrawn, so not put to a decision.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

 

 


 

On Consideration of a Lords Amendment in lieu of a Commons Amendment disagreed to

 

Lords Amendment No. 1B

 

Secretary Matt Hancock

 

To move, That this House does not insist on Commons Amendment No. 1 to which the

 

Lords have disagreed, disagrees to Lords Amendment No. 1B proposed in lieu of

 

Commons Amendment No. 1 but proposes the following Amendment to the Bill in lieu

 

of the Lords Amendment:—

 

Agreed to  (a)

 

Page  3,  line  28,  at end insert the following new Clause—


 
 

Proceedings on Consideration of Lords Message: 2 April 2019  

2

 

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

 
 

“      

Deprivation of liberty: code of practice

 

(1)    

Section 42 of the Mental Capacity Act 2005 (codes of practice) is amended as

 

follows.

 

(2)    

After subsection (1) insert—

 

“(1A)    

Guidance about what kinds of arrangements for enabling the care or

 

treatment of a person fall within paragraph 2(1)(b) of Schedule AA1 must

 

be included in the code, or one of the codes, issued under subsection (1).”

 

(3)    

After subsection (2) insert—

 

“(2A)    

Before the end of each review period the Lord Chancellor must—

 

(a)    

review each code for the guidance of persons exercising

 

functions under Schedule AA1, and

 

(b)    

lay a report of the review before Parliament.

 

    

But this does not affect the Lord Chancellor’s functions under subsection

 

(2).

 

(2B)    

A review period is—

 

(a)    

in relation to the first review, the period of 3 years beginning

 

with the day on which this subsection comes into force, and

 

(b)    

in relation to subsequent reviews, each period of 5 years

 

beginning with the day on which the report of the previous

 

review was laid before Parliament.”

 

(4)    

In subsection (3) after “preparation” insert “, review”.”

 

 


 

On Consideration of a Lords Amendment to a Commons Amendment

 

Lords Amendment No. 25A

 

Secretary Matt Hancock

 

To move, That this House disagrees to Lords Amendment No. 25A proposed to Commons

 

Amendment No. 25 but proposes the following Amendments to Commons Amendment

 

No. 25 in lieu of the Lords Amendment:—

 

Agreed to  (a)

 

Line  2,  leave out from “(1)” to “to” in line 3 and insert “After authorising arrangements the

 

responsible body must, without delay, arrange for a copy of the authorisation record to be

 

given or sent”

 

Agreed to  (b)

 

Line  10,  at end insert—

 

  “(1A)  

If the responsible body has not, within 72 hours of arrangements being

 

authorised, arranged for a copy of the authorisation record to be given or sent

 

to each of the persons mentioned in paragraphs (a) to (d) of sub-paragraph (1),

 

the responsible body must review and record why not.”

 

 


 

 

Revised 02 April 2019