| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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Mr Paul Burstow 154 Clause 52, page 28, line 8, after 'fees', insert 'and remission of fees'. |
| '(i) | reporting annually to Parliament on the discharge of his functions, and making public such information obtained in the discharge of his functions as may be in the public interest'. |
Mr David Lammy
Ms Rosie Winterton
113
Clause 56, page 30, line 15, at end insert ', and
| (c) | any record held by a person registered under Part 2 of the Care Standards Act 2000 (c.14)'. |
Mr David Lammy
Ms Rosie Winterton
114
Clause 57, page 30, line 40, 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
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
| (c) | would breach the confidence of any individual'. |
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—
| (e) | require notification of any certificate to be given to the Public Guardian, the Official Solicitor, or any other interested party.'. |
Mr Tim Boswell
66
Clause 61, page 32, line 28, after 'under', insert 'section 35, section 39, section 41 or'.
Mr Paul Burstow
Paul Holmes
155
Schedule 4, page 49, line 36, after 'Schedule', insert 'notwithstanding'.
Mr Paul Burstow
Paul Holmes
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
Paul Holmes
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
Power to Modify Instruments
(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'.
Mr Tim Boswell
85
Schedule 4, page 61, leave out lines 11 to 16.
Mr Tim Boswell
67
Clause 63, page 33, line 9, leave out paragraph (b).
Mr David Lammy
Ms Rosie Winterton
116
Schedule 6, page 68, line 43, leave out from 'from' to 'the' in line 44 and insert '"the powers" to the end substitute "the powers of'.
Mr David Lammy
Ms Rosie Winterton
117
Schedule 6, page 70, line 7, leave out from beginning to end of line 9 and insert—
| '(aa) | after subsection (1) insert— |
| (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).'. |
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| ©Parliamentary copyright 2004 | Prepared 21 Oct 2004 |