Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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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
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
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 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 Tom Clarke 195 Clause 40, page 22, line 14, at end insert
Mr Paul Burstow 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 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 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 57 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 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
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
(3) The relevant authority must
(4) In carrying out an assessment under (3)(a) the relevant authority must take into account the views of
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 Tom Clarke 194 Clause 48, page 25, line 40, at end 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
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©Parliamentary copyright 2004 | Prepared 21 Oct 2004 |