| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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Mr Tim Boswell 30 Clause 17, page 10, line 7, after 'particular' insert '(but not exclusively)'.
Mr Tim Boswell 29 Clause 17, page 10, line 8, at end insert—
Mr Paul Burstow 141 *Clause 18, page 10, line 17, leave out 'and affairs' and insert 'affairs and state benefits'.
Mr Tim Boswell 31 Clause 18, page 10, line 19, after 'particular' insert '(but not exclusively)'.
Mr Paul Burstow 142 *Clause 18, page 10, line 34, at end insert—'(i) the making of claims, receiving and spending payments of state benefits, and reporting relevant changes of circumstances in relation to claims for state benefits.'.
Mr David Lammy 115 Schedule 2, page 39, line 31, at end insert ', and
Mr Paul Burstow 145 *Clause 19, page 11, line 8, leave out 'without his consent' and insert—
Mr Tim Boswell 32 Clause 19, page 11, line 31, after 'reports' insert '(whether relating to matters of P's personal welfare or the conduct of P's property and affairs, as the case may be)'.
Mr Tim Boswell 33 Clause 19, page 11, line 32, at end add—
Mr Tim Boswell 34 Clause 20, page 11, line 36, at end insert 'or if subsequently to his appointment as P's deputy he has become aware of an actual or potential conflict of interest in his conduct of P's affairs'.
Mr Tim Boswell 35 Clause 20, page 11, line 37, at end insert'except in case of urgent necessity'.
Mr Paul Burstow 103 Clause 20, page 12, line 9, leave out from 'P' to end of line 10.
Mr Paul Burstow 104 Clause 20, page 12, line 11, leave out subsection (6).
Mr Paul Burstow 105 Clause 20, page 12, leave out line 14 and insert 'sections 1 to 4 (the principles and best interests).'.
Mr Paul Burstow 106 Clause 20, page 12, line 23, after 'act', insert 'at that time and in relation to the circumstances of that time'.
Mr Paul Burstow 99 Clause 24, page 14, line 9, leave out from 'Decisions' to end of line and insert 'statements on treatment'.
Mr Tim Boswell 36 Clause 24, page 14, line 21, at end insert 'provided that the decision is not voided by uncertainty'.
Mr Tim Boswell 37 Clause 24, page 14, line 37, at end insert—'(2A) An advance decision is not valid unless it is made in writing and witnessed by one independent person of standing, except in case of urgent necessity'.
Mr Paul Burstow 100 Page 14, line 10, leave out Clause 24.
Mr Paul Burstow 101 Clause 25, page 14, line 24, leave out 'decisions' and insert 'statements'.
Mr Tim Boswell 38 Clause 25, page 15, line 5, at end insert 'and is not valid if the advance decision has been made by P with the intention of terminating his life or is being implemented on P by any person giving or withholding treatment with the intention of terminating P's life'.
Mr Paul Burstow 102 Clause 25, page 15, line 8, at end add—'(7) An advance statement shall normally be recorded in writing and witnessed by a third party.'.
Mr Tim Boswell 39 Clause 27, page 15, line 35, at end insert—
Mr Tim Boswell 40 Clause 29, page 16, line 20, leave out 'for any public office'.
Mr Tim Boswell 41 Clause 30, page 16, line 31, after '31', insert—
Mr Tim Boswell 42 Clause 30, page 16, line 37, leave out subsection (3).
Mr Tim Boswell 43 Clause 30, page 17, line 1, leave out subsection (5).
Mr Tim Boswell 44 Clause 31, page 17, line 23, leave out paragraph (b).
Mr Tim Boswell 45 Clause 32, page 18, line 19, leave out 'or is P's deputy'.
Mr Paul Burstow 169 *Clause 34, page 19, line 10, leave out 'Independent consultee service' and insert 'Independent advocates'.
Mr Paul Burstow 170 *Clause 34, page 19, line 11, leave out subsection (1) and insert—'34 Appointment of independent advocates (1) The appropriate authority must arrange, to such an extent as he considers necessary to maintain the principles set out in section 1 of the Act for independent advocates to be available to assist a person "P" when another person "D" is considering doing an act, or making a decision to do an act. (2) The assistance available under the arrangements must include—
Mr Paul Burstow 171 *Clause 34, page 19, line 16, leave out 'of independent consultees' and insert 'or recognition of independent advocates for the purposes of this Act'.
Mr Paul Burstow 172 *Clause 34, page 19, line 17, leave out from 'independent' to end of line 18 and insert 'advocates'.
Mr Tim Boswell 46 Clause 34, page 19, line 18, at end insert—
Mr Paul Burstow 173 *Clause 34, page 19, line 20, leave out 'consultee' and insert 'advocate'.
Mr Paul Burstow 174 *Clause 34, page 19, line 22, leave out 'consultee' and insert 'advocate'.
Mr Paul Burstow 175 *Clause 34, page 19, line 25, leave out 'advice' and insert 'support'.
Mr Tim Boswell 47 Clause 34, page 19, line 26, leave out 'so far as practicable'.
Mr Tim Boswell 48 Clause 34, page 19, line 28, leave out subsection (5).
Mr Paul Burstow 176 *Clause 34, page 19, line 42, at end add—'(9) The provision of assistance may result in the proposed decision or action not taking place under the provisions of this Act. (10) Nothing in this section obliges P to accept the assistance offered by an independent advocate.'.
Mr Tim Boswell 49 Clause 35, page 20, line 2, after 'body' insert 'or other registered medical practitioner'.
Mr Tim Boswell 50 Clause 35, page 20, line 20, after 'State', insert '(subject to an affirmative resolution of both Houses of Parliament)'.
Mr Tim Boswell 51 Clause 37, page 21, line 24, at end add 'and if they decline the advice must give reasons in writing for doing so'.
Mr Tim Boswell 52 Clause 39, page 21, line 34, at end insert 'subject to an affirmative resolution of both Houses of Parliament'.
Mr Tim Boswell 53 Clause 40, page 22, line 4, after 'must,' insert 'after consulting with such persons professional and lay as seem to him to have an interest,'.
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