|
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 Tom Clarke
199
Clause 37, page 21, line 24, at end add—
| '(a) | when an agreement between person "P" and "D" cannot be reached about a decision or action and where D is employed by an NHS body or local authority social services or D is contracted by an NHS body or local authority social services in respect of the provision of care and treatment for P, |
| (b) | when there is a difference in view between person "P" and any person who is consulted under section 4(6) and the decision or action is the responsibility of an NHS or local authority social services or organisation contracted by NHS body or local authority social services.'. |
Mr Tom Clarke
197
Page 21, line 5, leave out Clause 37.
Mr Tom Clarke
198
Clause 38, page 21, line 26, leave out beginning to end of line 32 and insert—
'The duty to identify and consult an independent advocate in relation to serious treatment or major changes in accommodation and support arrangements for P shall be considered discharged by the relevant authority where that authority has consulted and accepted the representations of either—
| (a) | a donee of a relevant lasting power of attorney created by P, or |
| (b) | a deputy appointed for relevant purposes by the court for P, or |
| (c) | a donee of a relevant enduring power of attorney (within the meaning of Schedule 4) created by P, or |
| (d) | an independent advocate already recognised by the relevant authority as representing the interests of P'. |
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,'.
Mr Paul Burstow
Paul Holmes
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—
| '(ee) | with respect to the information to be compiled and retained by persons specified in this section in connexion with their duties under this Act, and'. |
Mr Tom Clarke
195
Clause 40, page 22, line 14, at end insert—
| '(g) | for the guidance for people acting as independent advocates for the purposes of sections 35, 36 and 37.'. |
Mr Paul Burstow
Paul Holmes
147
Clause 41, page 22, line 37, after 'preparing,', insert 'publish'.
Mr Tim Boswell
55
Clause 41, page 22, line 41, leave out 'laid by him' and insert 'approved'.
Mr Paul Burstow
Paul Holmes
148
Clause 41, page 23, leave out lines 1 and 2 and insert—
| '(b) | it is subject to debate in the House of Commons.'. |
Mr Tim Boswell
56
Clause 41, page 23, line 1, leave out paragraph (b).
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 Tim Boswell
Mr Paul Burstow
Paul Holmes
57
Clause 41, page 23, line 6, leave out subsections (4) and (5).
Mr Paul Burstow
Paul Holmes
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
Paul Holmes
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—
| (b) | include matters in relation to the financial affairs of the person who lacks capacity that are considered to fall outside the scope of the Theft Act 1968.'. |
Mr Tim Boswell
59
Clause 42, page 23, line 20, after 'person', insert '(or the interests of the person)'.
Mr Tom Clarke
196
Clause 43, page 23, line 26, at end insert—
'(1) Where it appears to the relevant authority that a person ("P") may lack capacity in relation to matters connected to—
| (a) | the assessment of P's needs for services which may be provided or arranged by the relevant authority ("assessment of needs") or |
| (b) | the provision of services to P which may be provided or arranged by the relevant authority ("service provision decision"). |
No part of this Act will authorise a person to do an act connected with the assessment of needs or service provision decision unless the steps set out in subsection (3) are followed.
(2) For the purpose of subsection (1) and (3) a "relevant authority" means either—
| (a) | a local authority exercising functions under section 47 of the National Health Service and Community Care Act 1990, or |
| (b) | a local housing authority within the meaning of the Housing Act 1985, or |
| (c) | a Health Authority, Health Board, Special Health Authority, Primary Care Trust or National Health Service Trust. |
(3) The relevant authority must—
| (a) | make arrangements for P's capacity, in relation to the matter in question, to be assessed, |
| (b) | notify P of the help available from, and assist (if P so requires) P in contacting, an independent advocate under the arrangements under section 34 (such help may include assisting P in communicating his views), |
| (c) | consider whether P requires any additional assistance in communicating his views (whether by talking, using sign language or other means), |
| (d) | where P has been assessed to lack capacity in relation to the matter in question, to make such enquiries as are necessary to be satisfied that the matter does not fall within the scope of the authority of: |
| (i) | a donee of a Lasting Power of Attorney granted by P, |
| (ii) | a deputy appointed by the court, |
| (iii) | an advance decision to refuse treatment (where treatment is being considered). |
(4) In carrying out an assessment under (3)(a) the relevant authority must take into account the views of—
| (i) | P with or without the assistance of an independent advocate providing support in accordance with (3)(b), |
| (ii) | anyone named by P as someone to be consulted on the matter in question or on matters of that kind, |
| (iii) | people who are, or are likely to be, responsible for the provision of care or treatment to P in a professional capacity, |
| (iv) | if it is practicable and appropriate to consult with them, any other person engaged in caring for P, whether or not in a professional capacity.'. |
Mr David Lammy
Ms Rosie Winterton
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
| (c) | ensure that at any time at least one of the judges nominated to the Court shall be experienced in matters connected with learning difficulties, one of the judges shall be experienced in matters connected with mental illness, and one of the judges shall be experienced in matters connected with progressive dementia.'. |
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
Ms Rosie Winterton
112
Clause 47, page 25, line 17, at end insert ', and
| (c) | any record held by a person registered under Part 2 of the Care Standards Act 2000 (c.14)'. |
Mr Tim Boswell
63
Clause 48, page 25, line 38, leave out 'or' and insert—
| '(dd) | by a spouse civil partner or sibling of the person, or'. |
Mr Tom Clarke
194
Clause 48, page 25, line 40, at end insert—
| '(f) | by an independent advocate appointed to give advice for the purposes of sections 35, 36 and 37.'. |
Mr Paul Burstow
Paul Holmes
152
Clause 52, page 28, line 2, at end add—
| '(d) | exemption from fees where a deputy is appointed totally in relation to state benefits and such capital that accrues from state benefits.'. |
Mr Paul Burstow
Paul Holmes
153
Clause 52, page 28, line 6, at end insert—
| '(d) | other bodies representing people who lack capacity.'. |
|
