Amendments proposed to the Mental Capacity Bill - continued House of Commons

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The Court of Protection, Supplementary Power

   

Mr Paul Burstow
Paul Holmes

NC2

To move the following Clause:—

    '(1)   Under the Court of Protection's power to set aside contracts or to vary their terms, application may be made to the Court to challenge the validity of a contract entered into by P, notwithstanding section 7,

(a) when a person lacks capacity to understand a contract when making it and/or their capacity to meet that agreement,

(b) where a seller overcharges or an incapacitated person undersells.

    (2)   For the purposes of contract law, the burden of proof should fall to the provider of services/goods to demonstrate that P understood or had capacity to understand a contract, where the issue of P's best interest is challenged.'.


Advocacy service

   

Mr Paul Burstow
Paul Holmes

NC3

To move the following Clause:—

    '(1)   The appropriate authority must make arrangements to secure advocacy in decisions relating to—

(a) making and reviewing of care programmes

(b) decisions of residence.

    (2)   the appropriate authority must fully note decisions made in these matters and the reasoning behind them.'.


Duty of care of a local authority

   

Mr Paul Burstow
Paul Holmes

NC4

To move the following Clause:—

       'Where a local authority have reasonable cause to suspect that an adult who lacks capacity who lives, or is found, in their area is suffering, or likely to suffer, significant harm, the authority shall make, or cause to be made, such enquiries as they consider necessary to enable them to decide whether they should take any action to safeguard or promote the adult's welfare.'.


Notification of the use of the LPA

   

Mr Paul Burstow
Paul Holmes

NC5

To move the following Clause:—

    '(1)   Where the donor objects to the use of an LPA on the grounds that he considers the application is premature because he has the capacity to make the decision, if this ground is established to the satisfaction of the court it must direct the Public Guardian not to seal the notification.

    (2)   The court must direct the Public Guardian to cancel the notification on being satisfied that the donor has regained mental capacity.'.


ORDER OF THE HOUSE [11TH AND 12TH OCTOBER 2004]

That the following provisions shall apply to the Mental Capacity Bill—

Committal

    1.   The Bill shall be committed to a Standing Committee.

Proceedings in Standing Committee

    2.   Proceedings in the Standing Committee shall (so far as not previously concluded) be brought to a conclusion on 4th November 2004.

    3.   The Standing Committee shall have leave to sit twice on the first day on which it meets.

Consideration and Third Reading

    4.   Proceedings on consideration shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.

    5.   Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.

    6.   Sessional Order B (programming committees) made on 28th June 2001 shall not apply to proceedings on consideration and Third Reading.

Other proceedings

    7.   Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.


 
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Prepared 19 Oct 2004