Amendments proposed to the Mental Capacity Bill, As Amended - continued | House of Commons |
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Effect of advance statements
Mr Paul Burstow NC8 To move the following Clause:'(1) If P has made an advance statement which is
(2) A person does not incur liability for carrying out or continuing the care or treatment unless, at the time, he is satisfied that an advance statement exists which is valid and applicable to the care or treatment. (3) A person does not incur liability for the consequences of withholding or withdrawing care or treatment from P if, at the time, he reasonably believes that an advance statement exists which is valid and applicable to the care and treatment. (4) The court may make a declaration as to whether an advance statement
(7) Those requirements are
Mr Paul Burstow 46 Page 1, line 16 [Clause 1], at end insert'(7) An act done, or decision made under this Act by any person acting in a professional capacity, or for remuneration, for or on behalf of a person who lacks capacity must:
Mr David Lammy 3 Page 2, line 25 [Clause 3], at end insert'( ) A person is not to be regarded as unable to understand the information relevant to a decision if he is able to understand a general explanation of it given to him in a way that is appropriate to his circumstances (using simple language, visual aids or any other means).'.
Mr David Lammy 4 Page 2, line 35 [Clause 4], leave out 'circumstances appearing to him to be relevant' and insert 'relevant circumstances'.
Mr Iain Duncan Smith
1 Page 2, line 41 [Clause 4], at end insert'(3A) Where the determination concerns or affects the person's personal welfare, he must consider the person's life and health as basic to that welfare.'.
Tony Wright 45 Page 3, line 3 [Clause 4], at end insert'(4A) This must include the provision of communication support appropriate to the person, in particular in relation to the matters mentioned in section 4(5).'.
Mr George Howarth 2 Page 3, line 3 [Clause 4], at end insert'(4A) He must, where the determination relates to life-sustaining treatment, begin by assuming that it will be in the person's best interests for his life to continue.'. As an Amendment to Mr George Howarth's proposed Amendment (No. 2) (Page 3, line 3, [Clause 4])
Mr David Lammy (a) Line 2, leave out 'best'.
Mr David Lammy 5 Page 3, line 27 [Clause 4], at end insert' ( ) "Relevant circumstances" are those
Mr Tim Boswell (a) Line 2, after 'determination', insert 'acting with due diligence'.
Mr David Lammy 37 Page 3, line 27 [Clause 4], at end insert'(8A) "Life-sustaining treatment" means treatment which in the view of a person providing health care for the person concerned is necessary to sustain his life.'.
Mr Iain Duncan Smith 68 *Page 3, line 27 [Clause 4], at end insert'(8A) Nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.
Mr David Lammy 38 Page 4, line 23 [Clause 6], leave out subsection (7).
Mr Tim Boswell 40 Page 4, line 23 [Clause 6], after 'person', insert 'or persons'.
Mr Iain Duncan Smith 69 *Page 5, line 11 [Clause 9], at end insert 'save that where a decision is made under (a) above that decision shall not be valid if it requires any person to withdrawn or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.
Mr Iain Duncan Smith 70 *Page 5, line 25 [Clause 9], at end insert '; and
Mr Tim Boswell 41 Page 5, line 25 [Clause 9], at end insert
Mr Iain Duncan Smith 71 *Page 6 [Clause 11], leave out lines 37 and 38.
Mr Iain Duncan Smith 72 *Page 6, line 38 [Clause 11], at end insert
Mr Iain Duncan Smith 73 *Page 7, line 26 [Clause 13], at end insert 'and for that purpose P shall be taken to revoke the power howsoever he indicates that revocation, whether orally or by signs or in some other manner and the burden of proof shall be upon those who seek to establish the existence and continued validity and applicability of the power.'.
Mr David Lammy 6 Page 8, line 26 [Clause 14], leave out 'events, facts or'.
Mr Iain Duncan Smith 76 *Page 10, line 13 [Clause 17], at end insert '; and provided that nothing in this Act shall make it lawful to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.
Mr Iain Duncan Smith 74 *Page 10 [Clause 17], leave out lines 12 to 16.
Mr Iain Duncan Smith 75 *Page 10, line 13 [Clause 17], at end insert 'with the proviso that any such decision shall not be valid if it requires any person to withdraw or withhold from P medical treatment or sustenance if the purpose or one of the purposes in doing so is to hasten or otherwise cause the death of P.'.
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