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Best interests

Amendment made: 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.]

Clause 6

Section 5 acts: limitations

Amendment made: No. 38, in page 4, line 23 , leave out subsection (7).—[Mr. Lammy.]

Clause 14

Protection of donee and others if no power created or power revoked

Amendment made: No. 6, in page 8, line 26, leave out 'events, facts or'.—[Mr. Lammy.]

Clause 31

Requirements for approval

Amendment made: No. 7, in page 17, line 15 , after 'to', insert—

', or causes or contributes to,'.—[Mr. Lammy.]

Clause 32

Consulting carers etc

Amendments made: 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', that he is withdrawn from it.'.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.]

Clause 33

Additional safeguards

Amendments made: No. 13, in page 19, line 3, after 'to', insert '—

(i) '.   

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(ii)   any other form of statement made by him and not subsequently withdrawn,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.]

Clause 40

Codes of practice

Amendments made: 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

Clause 42

Ill-treatment or neglect

Amendment made: 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.]

Clause 55

The public guardian

Amendment made: 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.]

Clause 56

Functions of the public guardian

Amendments made: 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.]

Clause 60


Amendment made: No. 39, in page 32, line 31, leave out '6(7)' and insert '4(8A)'.


Clause 61

Rules, regulations and orders

Amendments made: 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

Clause 63

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