| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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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'. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| '(aa) | after subsection (1) insert— |
"(1A) In subsection (1)(c), the reference to a person who lacks capacity to carry on the business is to a person—
| (a) | in respect of whom there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the Mental Capacity Act 2004), or |
| (b) | for whom a deputy is appointed by the Court of Protection, |
and in relation to whom the donee or deputy has power for the purposes of this Act.",'.
Mr David Lammy
Ms Rosie Winterton
118
Schedule 6, page 70, line 28, leave out from beginning to 'at' in line 29 and insert—
| ' | (1) | Schedule 1 to the Local Authority Social Services Act 1970 (c.42) (enactments conferring functions assigned to social services committee) is amended as follows. |
| (2) | In the entry for section 49 of the National Assistance Act 1948 (expenses of local authority officer appointed for person who lacks capacity) for "receiver" substitute "deputy". |
| (3) | '. |
Mr David Lammy
Ms Rosie Winterton
119
Schedule 6, page 70, line 38, leave out 'Schedule 1' and insert 'Schedule 2'.
Mr David Lammy
Ms Rosie Winterton
120
Schedule 6, page 70, line 40, at end insert—
'Local Government Act 1972 (c.70)
| (17A) | (1) | Omit section 118 of the Local Government Act 1972 (c.70) (payment of pension etc. where recipient lacks capacity). |
| (2) | Sub-paragraph (3) applies where, before the commencement of this paragraph, a local authority has, in respect of a person referred to in that section as "the patient", made payments under that section— |
(a) to an institution or person having the care of the patient, or
(b) in accordance with subsection (1)(a) or (b) of that section.
| (3) | The local authority may, in respect of the patient, continue to make payments under that section to that institution or person, or in accordance with subsection (1)(a) or (b) of that section, despite the repeal made by sub-paragraph (1).'. |
Mr David Lammy
Ms Rosie Winterton
121
Schedule 6, page 72, line 2, at end insert—
'Local Government (Miscellaneous Provisions) Act 1976 (c.57)
| (21A) | In section 31 of the Local Government (Miscellaneous Provisions) Act 1976 (c.57) (the title to which becomes "Indemnities for local authority officers appointed as deputies or administrators"), for the words from "as a receiver" to "1959" substitute "as a deputy for a person by the Court of Protection".'. |
Mr David Lammy
Ms Rosie Winterton
122
Schedule 6, page 72, line 2, at end insert—
'Sale of Goods Act 1979 (c.54)
| (21B) | In section 3(2) of the Sale of Goods Act 1979 (c.54) (capacity to buy and sell) the words "mental incapacity or" cease to have effect in England and Wales.'. |
Mr David Lammy
Ms Rosie Winterton
123
Schedule 6, page 72, line 34, at end insert—
| ' | (3A) | Section 142 (payment of pension etc. where recipient lacks capacity) ceases to have effect in England and Wales. |
| (3B) | Sub-paragraph (3C) applies where, before the commencement of sub-paragraph (3A), an authority has, in respect of a person referred to in that section as "the patient", made payments under that section— |
(a) to an institution or person having the care of the patient, or
(b) in accordance with subsection (2)(a) or (b) of that section.
| (3C) | The authority may, in respect of the patient, continue to make payments under that section to that institution or person, or in accordance with subsection (2)(a) or (b) of that section, despite the amendment made by sub-paragraph (3A).'. |
Mr David Lammy
Ms Rosie Winterton
124
Schedule 6, page 74, line 5, leave out from beginning to '(judges' and insert—
| ' | (1) | The Courts and Legal Services Act 1990 (c.41) is amended as follows. |
| (2) | In Schedule 11'. |
Mr David Lammy
Ms Rosie Winterton
125
Schedule 6, page 74, line 10, at end insert—
| ' | (3) | In paragraph 5(3) of Schedule 14 (exercise of powers of intervention in registered foreign lawyer's practice), for paragraph (f) substitute— |
"(f) he lacks capacity (within the meaning of the Mental Capacity Act 2004) to act as a registered foreign lawyer and powers under sections 15 to 20 or section 46 are exercisable in relation to him;".'.
Mr David Lammy
Ms Rosie Winterton
126
Schedule 7, page 78, leave out lines 2 and 3.
Mr David Lammy
Ms Rosie Winterton
127
Schedule 7, page 78, line 9, in the second column, after '1833,' insert—
| 'section 68 of the Improvement of Land Act 1864, |
| section 55 of the Trustee Act 1925,'. |
Mr David Lammy
Ms Rosie Winterton
128
Schedule 7, page 78, line 11, in the second column, at end insert—
| 'section 49 of the National Assistance Act 1948, andsection 1 of the Variation of Trusts Act 1958'. |
Mr David Lammy
Ms Rosie Winterton
129
Schedule 7, page 78, line 13, at end insert—
| 'Local Government Act 1972 (c.70) | Section 118.'. |
Mr David Lammy
Ms Rosie Winterton
130
Schedule 7, page 78, leave out line 14.
Mr David Lammy
Ms Rosie Winterton
131
Schedule 7, page 78, line 21, after 'VII', insert 'of this Act'.
Mr David Lammy
Ms Rosie Winterton
132
Schedule 7, page 78, line 26, after '25,' insert '32,'.
Mr David Lammy
Ms Rosie Winterton
133
Schedule 7, page 78, line 26, leave out '37,'.
Mr Tim Boswell
68
Clause 64, page 33, line 18, at end insert ', but may not come into force until after approval of both Houses of Parliament of a draft Code of Practice under section 40 of this Act'.
Mr Tim Boswell
69
Clause 64, page 33, line 21, leave out subsection (3).
NEW CLAUSES
Advance statements on treatment: general
Mr Paul Burstow
Paul Holmes
NC1
To move the following Clause:—(1) In this section and sections 25 and 26 "advance statement" means either
| (a) | a decision made by a person ("P"), after he has reached 18 and when he has capacity to do so, that if— |
| (i) | at a later time and in such circumstances as he may specify, a specified treatment is proposed to be carried out or continued by a person providing health care for him, and |
| (ii) | at that time he lacks capacity to consent to the carrying out or continuation of the treatment, the specified treatment is not to be carried out or continued, or |
| (b) | an advance request made by a person ("P"), after he has reached age 18 and when he has capacity to do so, specifying what treatment he would wish to receive should he become incapable of participating in decisions about his treatment. |
(2) For the purposes of subsection (1)(a)(i) and (1)(a)(b), a decision may be regarded as specifying a treatment or circumstances even though expressed in layman's terms.
(3) An advance request may specify that P wishes all reasonably practical steps to be taken to maintain his life, including initiation or continuation of artificial nutrition and hydration.
(4) P may withdraw or alter an advance statement at any time when he has capacity to do so.'.
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| ©Parliamentary copyright 2004 | Prepared 19 Oct 2004 |