No. 5, in page 3, line 27, at end insert
'( ) "Relevant circumstances" are those
of which the person making the determination is aware, and
which it would be reasonable to regard as relevant.'. [Mr. Lammy.]
14 Dec 2004 : Column 1624
No. 37, in page 3, line 27 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. Lammy.]
Section 5 acts: limitations
No. 38, in page 4, line 23 , leave out subsection (7).[Mr. Lammy.]
Protection of donee and others if no power created or power revoked
No. 6, in page 8, line 26, leave out 'events, facts or'.[Mr. Lammy.]
Requirements for approval
No. 7, in page 17, line 15 , after 'to', insert
', or causes or contributes to,'.[Mr. Lammy.]
Consulting carers etc
No. 8, in page 18, line 16, leave out from 'project' to end of line 17 and insert
', that he is withdrawn from it.'.
No. 9, in page 18, line 17, at end insert
'( ) But subsection (5)(b) does not require treatment that P has been receiving as part of the project to be discontinued if R has reasonable grounds for believing that there would be a significant risk to P's health if it were discontinued.'.
No. 10, in page 18, line 21, leave out subsections (7) and (8).
No. 11, in page 18, line 26, after 'if', insert
'treatment is being, or is about to be, provided for P as a matter of urgency and'.
No. 12, in page 18, line 28, after 'is', insert 'also'. [Mr. Lammy.]
No. 13, in page 19, line 3, after 'to', insert '
No. 14, in page 19, line 3, after 'effect', insert ', or
(ii) any other form of statement made by him and not subsequently withdrawn,
of which R is aware.'.[Mr. Lammy.]
Codes of practice
No. 15, in page 23, line 9, at end insert
'( ) for the guidance of independent consultees,'.
No. 16, in page 23, line 21, at end insert
'( ) as an independent consultee,'.[Mr. Lammy.]
14 Dec 2004 : Column 1625
Ill-treatment or neglect
No. 17, in page 24, line 14, leave out subsection (1) and insert
'(1) Subsection (1A) applies if a person ("D")
(a) has the care of a person ("P") who lacks, or whom D reasonably believes to lack, capacity,
(b) is the donee of a lasting power of attorney, or an enduring power of attorney (within the meaning of Schedule 4), created by P, or
(c) is a deputy appointed by the court for P.'.
(1A) D is guilty of an offence if he ill-treats or wilfully neglects P.'.[Mr. Lammy.]
The public guardian
No. 18, in page 30, line 8, leave out from 'Guardian' to end of line 10 and insert '
(a) provide him with such officers and staff, or
(b) enter into such contracts with other persons for the provision (by them or their sub-contractors) of officers, staff or services,
as the Lord Chancellor thinks necessary for the proper discharge of the Public Guardian's functions.'.[Mr. Lammy.]
Functions of the public guardian
No. 19, in page 30, line 42, after 'provision', insert 'as to'.
No. 20, in page 30, line 43, leave out first 'as to'.
No. 21, in page 30, line 43, leave out second 'as to'.
No. 22, in page 31, line 1, leave out 'as to'.
No. 23, in page 31, line 2, leave out 'as to'.
No. 24, in page 31, line 2, at end insert
'( ) exemptions from and reductions in such fees;
( ) remission of such fees in whole or in part;'.
No. 25, in page 31, line 3, leave out 'as to'.[Mr. Lammy.]
No. 39, in page 32, line 31, leave out '6(7)' and insert '4(8A)'.
Rules, regulations and orders
No. 26, in page 33, line 27, after 'than', insert
'regulations under section 39 or'.
No. 27, in page 33, line 29, at end insert
'( ) A statutory instrument containing regulations made by the Secretary of State under section 39 may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.'.[Mr. Lammy.]
14 Dec 2004 : Column 1626