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| | “76A | Advance decisions and advance statements |
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| | (a) | reference to an advance decision is to an advance decision |
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| | (within the meaning of the Mental Capacity Act 2005 (c. 9)) |
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| | (b) | “valid and applicable” in relation to such a decision means valid |
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| | and applicable to the treatment in question in accordance with |
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| | (2) | If an advance decision is found to be valid and applicable to the treatment |
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| | regulated by Part 4 of the 1983 Act, the person providing the treatment |
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| | shall have regard to the advance decision. |
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| | (3) | Where a decision is made which is inconsistent with a valid and |
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| | applicable advance decision by the person providing treatment, that |
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| | person must comply with the requirements set out in subsection (4) |
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| | (4) | Those requirements are— |
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| | (a) | the circumstances in which treatment was provided and the |
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| | reason for it should be recorded in writing; and |
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| | (b) | a copy of that record should be supplied to— |
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| | (ii) | the patient’s nearest relative and another copy placed in |
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| | the patient’s medical notes. |
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| | (5) | A person performing a function under this Act shall consider, so far as |
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| | reasonably ascertainable the patient’s past and present wishes and |
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| | feelings (and in particular any relevant written statement made by him |
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| | (3) | In section 63 (treatment not requiring consent), at the end, insert— |
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| | “(2) | When deciding what treatment to give, the approved clinician in charge |
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| | of the treatment shall consider so far as reasonably ascertainable the |
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| | patient’s past and present wishes and feelings (and in particular any |
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| | relevant written statement made by him when he had capacity), and shall |
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| | record any treatments requested by the patient in the patient’s medical |
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| | record, and if that treatment is not given shall record the reasons for |
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| | Transfer of prisoners to hospital |
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| To move the following Clause:— |
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| | ‘(1) | The 1983 Act is amended as follows. |
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| | (2) | In section 47 (Removal to hospital of persons serving sentences of imprisonment, |
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| | etc.) in subsection (1) after “may”, insert “within 14 days beginning with the date |
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| | he received the reports.”.’. |
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| | Guilding principles: incorporation in the 1983 Act |
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| To move the following Clause:— |
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| | ‘(1) | Part 1 of the 1983 Act (Application of Act) is amended as follows. |
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| | (2) | Before section 1 (Application of Act: “mental disorder”) insert— |
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| | “A1 | Application of the Act: ‘guiding principles’ |
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| | (1) | In the discharging of a function by virtue of this Act, a person shall have |
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| | (a) | the importance of the patient participating as fully as is possible |
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| | in the discharge of the function; |
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| | (b) | the present and past wishes and feelings of the patient which are |
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| | relevant to the discharge of the function; and |
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| | (c) | the need to ensure that patients are not subject to unlawful |
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| | (2) | After having regard to the matters mentioned in subsection (1) above the |
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| | person shall discharge the function in the manner that involves the |
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| | minimum restriction on the patient that is necessary in the |
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| | Treatment requiring consent (period of time since administration of treatment) |
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| | Negatived on division NC15 |
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| To move the following Clause:— |
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| | ‘(1) | Section 58 of the 1983 Act is amended as follows. |
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| | (2) | In subsection (1)(b) leave out “three months” and insert “two months”.’. |
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| | Nomination of carer as nearest relative |
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| To move the following Clause:— |
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| | ‘(1) | The 1983 Act is amended as follows. |
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| | (2) | After section 26(4) insert— |
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| | “(4A) | Where a person has made an advance nomination with regard to the |
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| | choice of a relative or other person to be his nearest relative, his nearest |
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| | relative shall, subject to the power of the court under section 29 to |
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| | appoint an acting nearest relative, be determined by giving preference to |
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| | (4B) | “Advance nomination” means a nomination made by a person (“P”), after |
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| | he has reached 18 and when he has capacity to do so and in contemplation |
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| | that he shall become subject to any act or decision exercisable under the |
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| | provisions of this Act that his choice of nearest relative shall take |
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| | precedence over the provisions of subsection (3). |
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| | (4C) | For the purposes of subsection (4B) P’s nomination must be his carer as |
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| | defined by section 1(1)(a) of the Carer’s and Disabled Children Act 2000. |
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| | (4D) | For the purposes of section (4B) nomination cannot be made or |
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| | withdrawn if P is subject to an order under this Act. |
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| | (4E) | An advance nomination is not valid if P— |
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| | (a) | has withdrawn the decision at a time when he had capacity to do |
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| | (b) | has done anything else clearly inconsistent with the advance |
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| | nomination remaining his fixed decision. |
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| | (4F) | An advance nomination is valid only if— |
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| | (b) | it is signed by P or by another person in P’s presence and by P’s |
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| | (c) | the signature is made or acknowledged by P in the presence of a |
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| | (d) | the witness signs it, or acknowledges his signature, in P’s |
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| | (4G) | The court may make a declaration as to whether an advance |
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| Page 4, line 34 [Clause 8], at end insert— |
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| | ‘(i) | physical health of the patient’. |
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| Page 8, line 39 [Clause 12], at end insert— |
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| | (i) | in paragraph (a) for “such forms of” substitute “naso-gastric |
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| | feeding and such other”.’. |
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| Page 8, line 39 [Clause 12], at end insert— |
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| | (ii) | in paragraph (b) for “one month” substitute “three months”.’. |
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| Page 15, line 27 [Clause 23], leave out ‘or’. |
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| Page 15, line 29 [Clause 23], at end insert ‘because his appointment poses a risk to |
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| the health or well-being of the patient; or |
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| | (f) | that in the reasonable opinion of the patient the person is not |
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| Page 17, line 23 [Clause 27], after ‘(3)’, insert ‘, (3A)’. |
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| Page 17, line 24 [Clause 27], at end insert— |
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