Session 2017-19
Internet Publications
Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Friday 29 March 2019

 

New Amendments handed in are marked thus Parliamentary Star

 

Amendments tabled since the last publication: LA1B (a) and LA25A (a) and (b)

 

Consideration of Lords Message


 

Mental Capacity (Amendment) Bill [Lords]


 

Note

 

This document includes all amendments tabled to date and includes any

 

withdrawn amendments at the end. The amendments have been arranged in

 

accordance with the order in which the Lords Amendments were received.

 


 

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:—

 

(a)

 

Parliamentary Star    

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

 

“      

Deprivation of liberty: code of practice

 

(1)    

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

 

follows.


 
 

Notices of Amendments: 29 March 2019                  

2

 

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

 
 

(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:—

 

(a)

 

Parliamentary Star    

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”

 

(b)

 

Parliamentary Star    

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 29 March 2019