| Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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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
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—
Mr Tim Boswell 66 Clause 61, page 32, line 28, after 'under', insert 'section 35, section 39, section 41 or'.
Mr Paul Burstow 155 Schedule 4, page 49, line 36, after 'Schedule', insert 'notwithstanding'.
Mr Paul Burstow 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 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
(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'. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| '(aa) | after subsection (1) insert— |
"(1A) In subsection (1)(c), the reference to a person who lacks capacity to carry on the business is to a person—
| (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, |
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).'. |
Mr David Lammy
Ms Rosie Winterton
124
Schedule 6, page 74, line 5, leave out from beginning to '(judges' and insert—
| ' | (1) | The Courts and Legal Services Act 1990 (c.41) is amended as follows. |
| (2) | In Schedule 11'. |
Mr David Lammy
Ms Rosie Winterton
125
Schedule 6, page 74, line 10, at end insert—
| ' | (3) | In paragraph 5(3) of Schedule 14 (exercise of powers of intervention in registered foreign lawyer's practice), for paragraph (f) substitute— |
"(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
Ms Rosie Winterton
126
Schedule 7, page 78, leave out lines 2 and 3.
Mr David Lammy
Ms Rosie Winterton
127
Schedule 7, page 78, line 9, in the second column, after '1833,' insert—
| 'section 68 of the Improvement of Land Act 1864, |
| section 55 of the Trustee Act 1925,'. |
Mr David Lammy
Ms Rosie Winterton
128
Schedule 7, page 78, line 11, in the second column, at end insert—
| 'section 49 of the National Assistance Act 1948, andsection 1 of the Variation of Trusts Act 1958'. |
Mr David Lammy
Ms Rosie Winterton
129
Schedule 7, page 78, line 13, at end insert—
| 'Local Government Act 1972 (c.70) | Section 118.'. |
Mr David Lammy
Ms Rosie Winterton
130
Schedule 7, page 78, leave out line 14.
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| ©Parliamentary copyright 2004 | Prepared 26 Oct 2004 |