Mental Health Bill [HL]
FIFTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 29th November 2006, as follows—
Schedules 6 to 8
Clauses 39 to 41
Schedule 9 | Clauses 42 and 43
Schedule 10
Clauses 44 to 47 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 62 | Page 82, line 3, leave out "1 year" and insert "6 months" |
| | LORD RIX
EARL HOWE
BARONESS BARKER |
| 63 | Page 85, line 6, at end insert— |
| "( ) | the person who requested the standard authorisation, if he is not one of those already listed in paragraphs (a) to (e) above." |
| 64 | Page 85, line 21, at end insert— |
| "( ) | the person who requested the standard authorisation, if he is not one of those already listed in paragraphs (a) to (d) above." |
| 65 | Page 85, line 24, at end insert— |
| "(1) | This paragraph applies where— |
| (a) | a request is made for a standard authorisation; |
| (b) | the supervisory body are prohibited by paragraph 50(2) from giving the standard authorisation; and |
| (c) | on the basis of the information taken into account in carrying out the assessment, it appears to the supervisory body that there is an unauthorised deprivation of liberty. |
| (2) | The supervisory body must give notice, stating that it appears to them that there is an unauthorised deprivation of liberty, to each of the following— |
| (a) | the managing authority of the relevant hospital or care home; |
| (c) | any section 39A IMCA; |
| (d) | every interested person consulted by the best interests assessor; and |
| (e) | the relevant inspection body. |
| (3) | The supervisory body must comply with this paragraph as soon as practicable after it becomes apparent to them that an unauthorised deprivation of liberty is taking place and that they are prohibited from giving the authorisation." |
| 65A | Page 103, line 28, leave out from "representative" to end of line 29 and insert "before any assessment is undertaken" |
| | LORD ADEBOWALE
BARONESS BARKER
BARONESS NEUBERGER |
| 66 | Page 107, leave out lines 7 to 29 |
| | BARONESS BARKER
BARONESS NEUBERGER |
| 66A | Page 107, line 42, at end insert— |
| "( ) | The regulations may, in particular, require a prescribed body to submit regular statistics to the Department of Health and the appropriate regulatory body on— |
| (a) | the numbers of authorisations requested by hospitals or care homes, |
| (b) | the numbers of authorisations granted following these requests, |
| (c) | the reasons that the authorisations were granted or refused, |
| | and may prescribe that these statistics will be published by the Department of Health." |
| 67 | Page 109, line 29, at end insert— |
| | "Duty to provide a second opinion for serious medical treatment |
| (1) | This paragraph applies to a person (P) who is deprived of liberty in accordance with this schedule if an NHS body is proposing to provide, or secure the provision of, serious medical treatment within section 37(6) to him. |
| (2) | P shall not be given the treatment unless a registered medical practitioner (other than the medical practitioner in charge of the care of the patient) has certified in writing that the patient is not capable of understanding the nature purpose and likely effects of that treatment but that it is in the best interests of the patient in accordance with this Act that the treatment be given. |
| (3) | Before giving a certificate under sub-paragraph (2), the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient's medical treatment, and of those persons one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner." |
| | EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY |
| 68 | Page 116, leave out lines 21 to 27 |
| | BARONESS BARKER
BARONESS NEUBERGER
LORD ADEBOWALE |
| 69 | Page 121, leave out lines 6 to 10 |
| | LORD ADEBOWALE
BARONESS BARKER
BARONESS NEUBERGER |
| 70 | Page 121, leave out line 17 |
| | BARONESS BARKER
BARONESS NEUBERGER
LORD ADEBOWALE |
| 71 | Page 121, line 39, leave out from beginning to end of line 21 on page 122 |
| | BARONESS BARKER
BARONESS NEUBERGER |
| 71A | Insert the following new Clause— |
| | "Amendment to section 40 of Mental Capacity Act 2005 |
| | In section 40 of the Mental Capacity Act 2005 (exceptions), in paragraph (c), after "P" insert "other than a deputy who has been appointed by the Court for the property and affairs of P in a professional capacity"." |
| | BARONESS BARKER
EARL HOWE
BARONESS MURPHY
LORD RIX |
| 72 | Insert the following new Clause— |
| | After section 118 of the 1983 Act, insert— |
| "118A | Code of practice: duty |
| (1) | It is the duty of a person to have regard to the code if he is acting in relation to a patient and is doing so in a professional capacity. |
| (2) | If it appears to a court or tribunal conducting any criminal or civil proceedings that either— |
| (a) | a provision in the code, or |
| (b) | a failure to comply with the code, |
| | is relevant to a question arising in the proceedings, the provision or failure must be taken into account in deciding the question."" |
| | EARL HOWE
LORD CARLILE OF BERRIEW
BARONESS MURPHY |
| 73 | Page 128, line 34, leave out from beginning to end of line 4 on page 130 |
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