| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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Mr Paul Burstow 146 *Clause 40, page 22, line 4, after 'practice', insert 'in suitable formats for the information and guidance of P and of any independent advocates assisting P and'.
Mr Tim Boswell 54 Clause 40, page 22, line 12, at end insert—
Mr Paul Burstow 147 *Clause 41, page 22, line 37, after 'prepare,', insert 'publish'.
Mr Tim Boswell 55 Clause 41, page 22, line 41, leave out 'laid by him' and insert 'approved'.
Mr Paul Burstow 148 *Clause 41, page 23, leave out lines 1 and 2 and insert—
Mr Tim Boswell 56 Clause 41, page 23, line 1, leave out paragraph (b).
Mr Tim Boswell 57 Clause 41, page 23, line 3, leave out subsections (4) and (5).
Mr Tim Boswell 58 Clause 41, page 23, line 5, at end insert 'including the use of abridged or simplified versions and alternative formats, and shall take such steps as he may deem appropriate to ensure in the future that donees, deputies and others involved with the operation of this Act are familiar with its provisions'.
Mr Paul Burstow 149 *Clause 41, page 23, line 6, leave out subsections (4) and (5).
Mr Paul Burstow 150 *Clause 42, page 23, line 19, after 'court', insert 'or is the donee of an enduring power of attorney or is an appointee appointed by the Secretary of State for Work and Pensions'.
Mr Paul Burstow 151 *Clause 42, page 23, line 20, leave out 'the person concerned' and insert 'or unduly influences for his own advantage the person concerned, and—
Mr Tim Boswell 59 Clause 42, page 23, line 20, after 'person', insert '(or the interests of the person)'.
Mr David Lammy 111 Clause 43, page 23, line 30, at end insert—'( ) The court is to have an official seal.'.
Mr Tim Boswell 60 Clause 44, page 24, line 16, at end insert 'and
Mr Tim Boswell 61 Clause 44, page 24, line 20, at end add 'and in particular he shall report to the Lord Chancellor annually on the operation of this Act'.
Mr Tim Boswell 62 Clause 47, page 25, line 6, after 'other', insert 'independent'.
Mr David Lammy 112 Clause 47, page 25, line 17, at end insert ', and
Mr Tim Boswell 63 Clause 48, page 25, line 38, leave out 'or' and insert—
Mr Paul Burstow 152 *Clause 52, page 28, line 2, at end add—
Mr Paul Burstow 153 *Clause 52, page 28, line 6, at end insert—
Mr Paul Burstow 154 *Clause 52, page 28, line 8, after 'fees', insert 'and remission of fees'.
Mr Tim Boswell 64 Clause 56, page 29, line 36, at end insert—
Mr David Lammy 113 Clause 56, page 30, line 15, at end insert ', and
Mr David Lammy 114 Clause 57, page 30, line 40, at end insert ', and
Mr Tim Boswell 65 Clause 57, page 30, line 42, at end add—'(7) The Lord Chancellor may from time to time issue reports on the work of the panels of Special and General Visitors, provided that the individual subjects of such visits cannot be identified'.
Mr Tim Boswell 72 Schedule 3, page 43, line 7, leave out subsection 4.
Mr Tim Boswell 73 Schedule 3, page 44, line 24, leave out paragraph (b).
Mr Tim Boswell 74 Schedule 3, page 48, line 9, after 'placement' insert 'and give any party it may feel is likely to have an interest in the outcome notification that it is doing so'.
Mr Tim Boswell 75 Schedule 3, page 48, line 31, at end add 'or
Mr Tim Boswell 76 Schedule 3, page 49, line 6, leave out sub-sub-paragraph (a).
Mr Tim Boswell 77 Schedule 3, page 49, line 13, at end insert 'and—
Mr Tim Boswell 66 Clause 61, page 32, line 28, after 'under', insert 'section 35, section 39, section 41 or'.
Mr Paul Burstow 155 *Schedule 4, page 49, line 36, after 'Schedule', insert 'notwithstanding'.
Mr Paul Burstow 156 *Schedule 4, page 50, line 10, at end insert 'this Act, other than sections 9 to 14 apply, in particular the attorney in subject to sections 1 to 4.'.
Mr Paul Burstow 157 *Schedule 4, page 51, line 14, at end add—'(11) Where an enduring power of attorney has not been registered, the donor and the donee(s) may record on the instrument that it is converted to a lasting power of attorney in relation to the donor's property and affairs. The donor must provide on the instrument of the enduring power of attorney such information and statements as required by paragraph 2 of Schedule 1 to this Act.'.
Mr Tim Boswell 78 Schedule 4, page 52, line 5, leave out 'is or is becoming mentally incapable' and insert 'lacks mental capacity within the meaning of section 2 of this Act.'.
Mr Tim Boswell 79 Schedule 4, page 55, line 42, leave out 'is not yet becoming mentally incapable' and insert 'continues to have mental capacity'.
Mr Tim Boswell 80 Schedule 4, page 56, line 29, leave out 'is for the time being mentally incapable' and insert 'for the time being lacks mental capacity'.
Mr Tim Boswell 81 Schedule 4, page 59, line 9, leave out 'by the mental incapacity of the donor' and insert 'because the donor lacks mental capacity.'.
Mr Tim Boswell 82 Schedule 4, page 59, line 16, leave out 'has become mentally incapable' and insert 'lacks mental capacity'.
Mr Tim Boswell 83 Schedule 4, page 59, line 21, leave out 'has become mentally incapable' and insert 'lacks mental capacity'.
Mr Tim Boswell 84 Schedule 4, page 61, line 6, at end insert—
'PART 7A
(22A) If it seems to the Court of Protection at any time, on the advice of the Public Guardian, and after affording opportunity for representations by the interested parties, in the interests of the donor to modify the provisions of an existing and valid Power of Attorney, or to set conditions for its exercise, then the power may be modified accordingly'. | |||||||||||||||||||||||||||||||
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| ©Parliamentary copyright 2004 | Prepared 15 Oct 2004 |