| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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Mr David Lammy 115 Schedule 2, page 39, line 31, at end insert ', and
Mr Paul Burstow 145 Clause 19, page 11, line 8, leave out 'without his consent' and insert—
Mr Tim Boswell 32 Clause 19, page 11, line 31, after 'reports' insert '(whether relating to matters of P's personal welfare or the conduct of P's property and affairs, as the case may be)'.
Mr Tim Boswell 33 Clause 19, page 11, line 32, at end add—
Mr Tim Boswell 34 Clause 20, page 11, line 36, at end insert 'or if subsequently to his appointment as P's deputy he has become aware of an actual or potential conflict of interest in his conduct of P's affairs'.
Mr Tim Boswell 35 Clause 20, page 11, line 37, at end insert'except in case of urgent necessity'.
Mr Paul Burstow 103 Clause 20, page 12, line 9, leave out from 'P' to end of line 10.
Mr Paul Burstow 104 Clause 20, page 12, line 11, leave out subsection (6).
Mr Paul Burstow 105 Clause 20, page 12, leave out line 14 and insert 'sections 1 to 4 (the principles and best interests).'.
Mr Paul Burstow 106 Clause 20, page 12, line 23, after 'act', insert 'at that time and in relation to the circumstances of that time'.
Mr Tim Boswell 20 Clause 20, page 12, line 29, after 'restrict', insert 'or threatens to restrict'.
Mr Paul Burstow 99 Clause 24, page 14, line 9, leave out from 'Decisions' to end of line and insert 'statements on treatment'.
Mr Tim Boswell 36 Clause 24, page 14, line 21, at end insert 'provided that the decision is not voided by uncertainty'.
Mr Tim Boswell 37 Clause 24, page 14, line 37, at end insert—'(2A) An advance decision is not valid unless it is made in writing and witnessed by one independent person of standing, except in case of urgent necessity'.
Mr Paul Burstow 100 Page 14, line 10, leave out Clause 24.
Mr Paul Burstow 101 Clause 25, page 14, line 24, leave out 'decisions' and insert 'statements'.
Mrs Claire Curtis-Thomas 215 Clause 25, page 14, line 37, at end insert—'( ) is unable to prove he was not suicidal at the time the advance decision was made.'.
Mrs Claire Curtis-Thomas 216 Clause 25, page 14, line 37, at end insert—'( ) was not made aware of the consequences of the advance decision when it was made.'.
Mr Tim Boswell 38 Clause 25, page 15, line 5, at end insert 'and is not valid if the advance decision has been made by P with the intention of terminating his life or is being implemented on P by any person giving or withholding treatment with the intention of terminating P's life'.
Mr Paul Burstow 102 Clause 25, page 15, line 8, at end add—'(7) An advance statement shall normally be recorded in writing and witnessed by a third party.'.
Mr Tim Boswell 39 Clause 27, page 15, line 35, at end insert—
Mr Tim Boswell 40 Clause 29, page 16, line 20, leave out 'for any public office'.
Mr Tim Boswell 41 Clause 30, page 16, line 31, after '31', insert—
Mr Tim Boswell 42 Clause 30, page 16, line 37, leave out subsection (3).
Mr Tim Boswell 43 Clause 30, page 17, line 1, leave out subsection (5).
Mr Tom Clarke 178 Clause 31, page 17, line 17, leave out subsection (3) and insert—'(3) Research shall only be carried out if research of a similar nature cannot be carried out on an adult who is capable in relation to such a decision.'.
Mr Tom Clarke 179 Clause 31, page 17, line 21, after 'to', insert 'provide real and direct.'.
Mr Tim Boswell 44 Clause 31, page 17, line 23, leave out paragraph (b).
Mr Tom Clarke 180 Clause 31, page 17, line 27, leave out paragraph (a), and insert 'that it entails no risk to P or that'.
Mr Tim Boswell 45 Clause 32, page 18, line 19, leave out 'or is P's deputy'.
Mr Tom Clarke 181 Clause 32, page 18, line 20, at end insert 'but a deputy shall not be able to consent to research under 31(4) unless the court has conferred on the deputy express authority to that effect.'.
Mr Tom Clarke 182 Clause 32, page 18, line 21, leave out subsection (7).'.
Mr Tom Clarke 183 Clause 33, page 19, line 3, at end insert 'or wishes expressed by P in a LPA.'.
Mr Paul Burstow 169 Clause 34, page 19, line 10, leave out 'Independent consultee service' and insert 'Independent advocates'.
Mr Tom Clarke 184 Clause 34, page 19, line 10, leave out 'consultee service' and insert 'advocates.'.
Mr Paul Burstow 170 Clause 34, page 19, line 11, leave out subsection (1) and insert—'34 Appointment of independent advocates (1) The appropriate authority must arrange, to such an extent as he considers necessary to maintain the principles set out in section 1 of the Act for independent advocates to be available to assist a person ("P") when another person ("D") is considering doing an act, or making a decision to do an act. (2) The assistance available under the arrangements must include—
Mr Paul Burstow 171 Clause 34, page 19, line 16, leave out 'of independent consultees' and insert 'or recognition of independent advocates for the purposes of this Act'.
Mr Paul Burstow 172 Clause 34, page 19, line 17, leave out from 'independent' to end of line 18 and insert 'advocates'.
Mr Tim Boswell 46 Clause 34, page 19, line 18, at end insert—
Mr Paul Burstow 173 Clause 34, page 19, line 20, leave out 'consultee' and insert 'advocate'.
Mr Paul Burstow 174 Clause 34, page 19, line 22, leave out 'consultee' and insert 'advocate'.
Mr Paul Burstow 175 Clause 34, page 19, line 25, leave out 'advice' and insert 'support'.
Mr Tim Boswell 47 Clause 34, page 19, line 26, leave out 'so far as practicable'.
Mr Tim Boswell 48 Clause 34, page 19, line 28, leave out subsection (5).
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