Amendments proposed to the Mental Capacity Bill - continued | House of Commons |
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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.'.
Duties of the responsible clinician
Mrs Angela Browning NC6 To move the following Clause:'(1) The responsible clinician may be any registered doctor responsible for P's assessment and medical treatment at the relevant time. (2) If P's responsible clinician considers that the conditions specified in section E (2) to (7) are met in relation to a medical treatment to which section D applies, he must notify
Cases where informal treatment for mental disorder not available
Mrs Angela Browning NC7 To move the following Clause:'(1) This section applies where it appears to the responsible clinician that the conditions specified in subsection (3) are met in P's case. (2) The responsible clinician must ensure that, for so long as those conditions appear to him to be met, treatment for mental disorder is not given to P, except in a case of urgency, unless it is authorised by or under Part II of the Mental Health Act 1983. (3) The conditions are that
Duty to determine whether P is to be assessed for safeguards
Mrs Angela Browning NC8 To move the following Clause:(1) The Secretary of State must, if requested to do so by any person, determine whether the conditions specified in section E (2) to (7) appear to be met in P's case. (2) If the Secretary of State determines that those conditions appear to be so met, he must, as soon as practicable after making the determination
Duty of hospital managers to request assessment of existing patient
Mrs Angela Browning NC9 To move the following Clause:'(1) Where
(2) Where P is liable to assessment for admission or treatment under Part II of the Mental Health Act 1983 and it appears to the responsible clinician that the conditions specified in section E(2) to (7) appear to be met in P's case, the managers of the hospital to which P has been admitted must request the Secretary of State to determine under section C(1) whether those conditions appear to be met.'.
Assessment for safeguards
Mrs Angela Browning NC10 To move the following Clause:'(1) The assessment of P under this section is for the purpose of determining whether the conditions specified in subsection (2) to (7) are met in P's case. (2) The first condition is that P is aged 16 or over. (3) The second condition is that P is suffering from a mental disorder within the meaning of section 1(1) of the Mental Health Act 1983. (4) The third condition is that that mental disorder is of such a nature of degree as to warrant the provision of medical treatment to P. (5) The fourth condition is that P is a resident patient at a hospital for the provision of treatment to him. (6) The fifth condition is P is not capable of consenting to the treatment. (7) the sixth condition is that the treatment can lawfully be provided to P without P being subject to the provisions of Part II of the Mental Health Act 1983. (8) If the responsible clinician determines that any of those conditions is not met in P's case, P ceases to be a qualifying patient.'.
Assessment: supplementary
Mrs Angela Browning NC11 To move the following Clause:'(1) The Secretary of State must secure that the assessment is made not later than the end of 28 days beginning with the day on which a responsible clinician is appointed for P. (2) If because of exceptional circumstances it is impracticable to make the assessment within the 28 days, the Secretary of State must secure that it is made as soon as is practicable. (3) The responsible clinician must make a record of
Medical Advisers
Mrs Angela Browning NC12 To move the following Clause:'The Medical Adviser for the purposes of this Act is a registered medical practitioner who is a member of the Expert Panel appointed by the Secretary of State.'.
Representation
Mrs Angela Browning NC13 To move the following Clause:'(1) As soon as practicable after appointing a responsible clinician for P, under section C, the Secretary of State must notify the local social services authority of the appointment. (2) The authority must then, as soon as practicable
Role of representative
Mrs Angela Browning NC14 To move the following Clause:'(1) The responsible clinician for a qualifying patient, P, must ensure that one representative adopted or appointed by P
Preparation of care plan
Mrs Angela Browning NC15 To move the following Clause'(1) the managers of a hospital at which medical treatment is provided to a qualifying patient, P, must secure that
(3) In preparing a plan for P, the responsible clinician must consult P and P's representative. (4) A plan must
Approval of care plan
Mrs Angela Browning NC16 To move the following Clause:'(1) The responsible clinician must, as soon as practicable after preparing a care plan, send a copy of it for approval to a person (the "medical adviser") appointed by the Secretary of State for that purpose. (2) The medical adviser must be a member of the Expert Panel who is a registered medical practitioner. (3) The medical adviser must first
(5) If the medical adviser does not approve the plan within the time prescribed by the Secretary of State in regulations, the responsible clinician must apply to the court for approval of the plan. (6) The responsible clinician must send a copy of the plan to P and to P's representative as soon as practicable after it is approved. (7) A medical adviser may, for the purposes of discharging functions under this section, at any reasonable time
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