| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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Mr David Lammy 124 Schedule 6, page 74, line 5, leave out from beginning to '(judges' and insert—
"(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 126 Schedule 7, page 78, leave out lines 2 and 3.
Mr David Lammy 127 Schedule 7, page 78, line 9, in the second column, after '1833,' insert—
Mr David Lammy 128 Schedule 7, page 78, line 11, in the second column, at end insert—
Mr David Lammy 129 Schedule 7, page 78, line 13, at end insert—
Mr David Lammy 130 Schedule 7, page 78, leave out line 14.
Mr David Lammy 131 Schedule 7, page 78, line 21, after 'VII', insert 'of this Act'.
Mr David Lammy 132 Schedule 7, page 78, line 26, after '25,' insert '32,'.
Mr David Lammy 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 CLAUSESAdvance statements on treatment: general
Mr Paul Burstow NC1 To move the following Clause:—(1) In this section and sections 25 and 26 "advance statement" means either
(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.'.
The Court of Protection, Supplementary Power
Mr Paul Burstow 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,
(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 NC3 To move the following Clause:—'(1) The appropriate authority must make arrangements to secure advocacy in decisions relating to—
(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 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 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.
PROGRAMME ORDER OF THE COMMITTEE [19TH OCTOBER 2004]That—(1) during proceedings on the Mental Capacity Bill, the Standing Committee shall (in addition to its first meeting on Tuesday 19th October at 9.30 a.m.) meet on—
(2) proceedings in the Standing Committee shall be taken in the following order, namely Clauses 1 to 9, Schedule 1, Clauses 10 to 18, Schedule 2, Clauses 19 to 59, Schedule 3, Clauses 60 to 62, Schedules 4 and 5, Clause 63, Schedules 6 and 7, Clauses 64 and 65, new Clauses, new Schedules, remaining proceedings on the Bill; (3) the proceedings on Clauses 1 to 9, Schedule 1, Clauses 10 to 18, Schedule 2 and Clauses 19 to 27 shall (so far as not previously concluded) be brought to a conclusion at 5 p.m. on Tuesday 26th October; (4) the remaining proceedings shall (so far as not previously concluded) be brought to a conclusion at 5 p.m. on Thursday 4th November.
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| ©Parliamentary copyright 2004 | Prepared 21 Oct 2004 |