House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Notices of Amendments

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given on

Thursday 19th April 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:
1-15 and 17-25

Public Bill Committee

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Mental Health Bill [Lords]

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RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

   The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Thursday 19th April (Standing Order No. 83C).

   That—

(1) the Committee shall (in addition to its first meeting at 10.30 a.m. on Tuesday 24th April) meet—

(a) at 4.30 p.m. on Tuesday 24th April;

(b) at 9.25 a.m. and 1.30 p.m. on Thursday 26th April;

(c) at 10.30 a.m. and 4.30 p.m. on Tuesday 1st May;

(d) at 10.30 a.m. and 4.30 p.m. on Tuesday 8th May;

(e) at 9.25 a.m. and 1.30 p.m. on Thursday 10th May;

(f) at 10.30 a.m. and 4.30 p.m. on Tuesday 15th May;

(2) the proceedings shall be taken in the following order: Clause 1; Schedule 1; Clauses 2 to 23; Schedule 2; Clauses 24 to 32; Schedules 3 and 4; Clauses 33 to 38; Schedule 5; Clauses 39 to 47; Schedules 6 to 8; Clauses 48 to 50; Schedule 9; Clauses 51 and 52; Schedule 10; Clauses 53 to 55; new Clauses; new Schedules; remaining proceedings on the Bill;

(3) the proceedings shall (so far as not previously concluded) be brought to a conclusion at 7.30 p.m. on Tuesday 15th May.

   Ms Rosie Winterton has given notice of her intention to move a motion in the terms of the Resolution of the Programming Sub-Committee [Standing Order No. 83C].

Ms Rosie Winterton

   That, subject to the discretion of the Chairman, any written evidence received by the Committee shall be reported to the House for publication.

Angela Browning
Tim Loughton
Mr Tim Boswell
Mr Charles Walker
Andrew Rosindell

40

Clause 2, page 2, line 4, after ‘disability’, insert ‘or an autistic spectrum disorder’.

Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
Andrew Rosindell

41

Clause 10, page 5, line 16, at end insert—

‘(i) the particular needs and impact of treatment on black and minority ethnic patients.’.

Ms Rosie Winterton

42

Clause 14, page 9, line 13, leave out ‘approved clinician’ and insert ‘person’.

Ms Rosie Winterton

43

Clause 14, page 9, line 14, after ‘clinician’, insert ‘(if there is one) nor the person in charge of the treatment’.

Ms Rosie Winterton

44

Clause 14, page 9, line 22, after ‘clinician’, insert ‘nor the approved clinician in charge of the treatment’.

Ms Rosie Winterton

45

Clause 14, page 10, leave out lines 2 to 7 and insert—

‘“(1A) References in this Part of this Act to the approved clinician in charge of a patient’s treatment shall, where the treatment in question is a form of treatment to which section 57 above applies, be construed as references to the person in charge of the treatment.”’.

Ms Rosie Winterton

46

Clause 30, page 19, line 6, after ‘clinician’, insert ‘nor the approved clinician in charge of the treatment’.

Ms Rosie Winterton

47

Clause 47, page 44, line 19, after ‘paragraph’, insert ‘42(2)(b),’.

Ms Rosie Winterton

48

Schedule 6, page 88, line 1, leave out sub-paragraphs (2) and (3) and insert—

‘(2) The maximum authorisation period is the shorter of these periods—

(a) the period which, in the assessor’s opinion, would be the appropriate maximum period for the relevant person to be a detained resident under the standard authorisation that has been requested;

(b) 1 year, or such shorter period as may be prescribed in regulations.

(3) Regulations under sub-paragraph (2)(b)—

(a) need not provide for a shorter period to apply in relation to all standard authorisations;

(b) may provide for different periods to apply in relation to different kinds of standard authorisations.

(4) Before making regulations under sub-paragraph (2)(b) the Secretary of State must consult all of the following—

(a) each body required by regulations under paragraph 161 to monitor and report on the operation of this Schedule in relation to England;

(b) such other persons as the Secretary of State considers it appropriate to consult.

(5) Before making regulations under sub-paragraph (2)(b) the National Assembly for Wales must consult all of the following—

(a) each person or body directed under paragraph 162(2) to carry out any function of the Assembly of monitoring and reporting on the operation of this Schedule in relation to Wales;

(b) such other persons as the Assembly considers it appropriate to consult.’.

Ms Rosie Winterton

49

Schedule 6, page 91, line 31, leave out from ‘right’ to end of line 32 and insert ‘to make an application to the court to exercise its jurisdiction under section 21A;’.

Ms Rosie Winterton

50

Schedule 6, page 94, line 32, at end insert—

‘(aa) the person to whom the request relates;’.

Ms Rosie Winterton

51

Schedule 6, page 97, line 34, leave out from ‘right’ to end of line 35 and insert ‘to make an application to the court to exercise its jurisdiction under section 21A.’.

Ms Rosie Winterton

52

Schedule 6, page 116, line 33, after ‘court’, insert ‘to exercise its jurisdiction’.

Ms Rosie Winterton

53

Schedule 8, page 132, line 31, after ‘paragraph’, insert ‘42(2)(b),’.

Mr David Kidney

54

Clause 10, page 5, leave out line 16 and insert—

‘(h) assessment of risk,

(i) transparency’.

Advanced decision (nearest relative)

Mr David Kidney

NC15

To move the following Clause:—

‘(1) The 1983 Act is amended as follows.

(2) After section 26(4) insert—

“(4A) Where a patient has made an advance decision with regard to the choice of a relative or other person to be his nearest relative, his nearest relative shall, subject to the power of the court under section 29 to appoint an acting nearest relative be determined by giving preference to that choice.

(4B) ‘Advance decision’ means a decision made by a patient (‘P’), after he has reached 18 and when he has capacity to do so and in contemplation that he shall become subject to any act or decision exercisable under the provisions of this Act that his choice of nearest relative shall take precedence over the provisions of subsection (3).

(4C) For the purposes of subsection (4A) a decision may be regarded as expressing a choice of nearest relative even though expressed in layman’s terms.

(4D) P may withdraw or alter an advance decision at any time when he has capacity to do so.

(4E) A withdrawal (including a partial withdrawal) need not be in writing.

(4F) An alteration of an advance decision need not be in writing.

(4G) An advance decision does not affect the liability which a person may incur for carrying out or continuing a treatment in relation to P unless the decision is at the material time valid.

(4H) An advance decision is not valid if P—

(a) has withdrawn the decision at a time when he had capacity to do so, or

(b) has done anything else clearly inconsistent with the advance decision remaining his fixed decision.

(4I) A decision or statement complies with this subsection only if—

(a) it is in writing,

(b) it is signed by P or by another person in P’s presence and by P’s direction,

(c) the signature is made or acknowledged by P in the presence of a witness, and

(d) the witness signs it, or acknowledges his signature, in P’s presence.

(4J) The court may make a declaration as to whether an advance decision—

(a) exists; and

(b) is valid;

(4K) Nothing in an apparent advance decision stops a person—

(a) providing life-sustaining treatment, or

(b) doing any act he reasonably believes to be necessary to prevent a serious deterioration in P’s condition, while a decision as respects any relevant issue is sought from the court.”.’.

Treatment requiring consent (administration of medicine

Tim Loughton
Dr John Pugh
Angela Browning
Sandra Gidley
Mr Tim Boswell
Mr Charles Walker

NC16

To move the following Clause:—

‘(1) Section 58 of the 1983 Act is amended as follows.

(2) In subsection (1)(b) leave out “three months” and insert “two months”.’.

Removal to hospital of persons serving sentences of imprisonment)

Tim Loughton
Dr John Pugh
Angela Browning
Sandra Gidley
Mr Tim Boswell
Mr Charles Walker

NC17

To move the following Clause:—

‘(1) The 1983 Act is amended as follows.

(2) In section 47 (Removal to hospital of persons serving sentences of imprisonment, etc) in subsection (1) leave out from “Secretary of State” to the end of the subsection and insert—

“must by warrant direct that that person be removed and detained in such hospital as may be specified in the direction: and a direction under this section shall be known as “a transfer direction”.’.

Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
James Duddridge
Andrew Rosindell

55

Clause 10, page 5, line 17, leave out subsection (2C).

Tim Loughton
Angela Browning
Mr Tim Boswell
Mr Charles Walker
James Duddridge
Andrew Rosindell

56

Page 5, line 26, leave out Clause 11.

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Prepared: 20 April 2007