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back to previous amendments
| | "Severance of ineffective provisions |
| | 21A If in the case of a registered instrument the court notifies the Public Guardian under paragraph 17A(1)(a) that it has severed a provision of the instrument, the Public Guardian must attach to it a note to that effect." |
| 34 | Page 41, line 13, leave out "or 21" and insert ", 21 or 21A" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 35 | Page 6, line 9, at end insert ", or |
| (c) | jointly in respect of some matters and jointly and severally in respect of others" |
| 36 | Page 6, line 10, leave out "If" and insert "To the extent to which" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 37 | Page 6, line 43, at end insert— |
| "( ) | But the donee does more than merely restrain P if he deprives P of his liberty within the meaning of Article 5(1) of the Human Rights Convention." |
| | THE EARL HOWE
THE LORD KINGSLAND |
| 38 | Page 7, line 12, leave out from "treatment" to "and" in line 13 |
| | THE BARONESS GREENGROSS
THE BARONESS BARKER
THE BARONESS HOWARTH OF BRECKLAND |
| 39 | Page 7, line 14, at end insert— |
| "( ) | Any registered provider, manager or member of staff of a service registered within the terms of the Care Standards Act 2000 (c. 14) will not be permitted to assume a lasting power of attorney for any person to whom they provide care in a paid capacity." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 40 | Page 8, line 16, after "severally" insert "in respect of any matter" |
| 41 | Page 8, line 24, after first "power" insert "in respect of any matter" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 42 | Page 9, line 39, leave out "section" and insert "sections 1 (the principles) and" |
| 43 | Page 10, line 4, leave out from "powers" to end and insert "or impose on him such duties, as it thinks necessary or expedient for giving effect to, or otherwise in connection with," |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 44 | Page 44, line 27, leave out paragraph 10 and insert— |
| | "10 (1) Any functions which P has as patron of a benefice may be discharged only by a person ("R") appointed by the court. |
| (2) | R must be an individual capable of appointment under section 8(1)(b) of the 1986 Measure (which provides for a individual able to make a declaration of communicant status, a clerk in Holy Orders, etc. to be appointed to discharge a registered patron's functions). |
| (3) | The 1986 Measure applies to R as it applies to an individual appointed by the registered patron of the benefice under section 8(1)(b) or (3) of that Measure to discharge his functions as patron. |
| (4) | "The 1986 Measure" means the Patronage (Benefices) Measure 1986 (No.3)." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 45 | Page 11, line 22, at end insert ", or |
| (c) | jointly in respect of some matters and jointly and severally in respect of others" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 46 | Page 12, line 22, leave out from "P" to end of line 25 |
| 47 | Page 12, line 27, leave out "section" and insert "sections 1 (the principles) and" |
| 48 | Page 12, line 43, at end insert— |
| "( ) | But a deputy does more than merely restrain P if he deprives P of his liberty within the meaning of Article 5(1) of the Human Rights Convention (whether or not the deputy is a public authority)." |
| | THE BARONESS GREENGROSS
THE BARONESS BARKER
THE BARONESS HOWARTH OF BRECKLAND |
| 49 | Page 12, line 43, at end insert— |
| "( ) | Any registered provider, manager or member of staff of a service registered within the terms of the Care Standards Act 2000 (c. 14) will not be permitted to be a court appointed deputy for any person for which they provide care in a paid capacity." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 50 | Page 13, line 17, after "whether" insert "one or more of" |
| 51 | Page 13, line 30, at end insert ", or |
| (iii) | that having regard to all the circumstances and in particular the donee's relationship to or connection with the donor, the donee is unsuitable to be the donor's attorney" |
| 52 | Page 13, line 30, at end insert ", or |
| (c) | that a prescribed ground of objection has been established." |
| 53 | Page 13, line 39, at end insert— |
| "( ) | In this section "prescribed ground of objection" means a ground of objection prescribed by regulations made under Schedule 1 to this Act." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 54 | Page 13, line 42, at end insert "or an instrument purporting to create one" |
| 55 | Page 15, line 18, after "treatment" insert— |
| "(a) | if it is expressly motivated by a desire to be assisted to bring about P's death, and |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 56 | Page 17, line 22, leave out "Secretary of State" and insert "appropriate authority" |
| 57 | Page 17, line 30, at end insert— |
| "(6) | In this section, section 32 and section (Loss of capacity during research project), "appropriate authority" means— |
| (a) | in relation to the carrying out of research in England, the Secretary of State, and |
| (b) | in relation to the carrying out of research in Wales, the National Assembly for Wales." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 58 | Page 17, line 36, leave out subsection (2) and insert— |
| "(2) | The research must be connected with— |
| (a) | an impairing condition affecting P, or |
| (2A) | "Impairing condition" means a condition which is (or may be) attributable to, or which causes or contributes to (or may cause or contribute to), the impairment of, or disturbance in the functioning of, the mind or brain." |
| 59 | Page 17, line 40, leave out from "that" to end of line 42 and insert "research of comparable effectiveness cannot be carried out if the project has to be confined to, or relate only to, persons who have capacity to consent to taking part in it" |
| | THE BARONESS KNIGHT OF COLLINGTREE |
| 60 | Page 18, line 3, leave out "or" and insert "and" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 61 | Page 18, line 26, leave out "Secretary of State" and insert "appropriate authority" |
| | THE BARONESS KNIGHT OF COLLINGTREE
THE LORD ALTON OF LIVERPOOL |
| 62 | Page 18, line 28, at end insert— |
| "(c) | has no connection of any kind with R" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 63 | Page 19, line 13, leave out "concerned in P's treatment or care" and insert "involved in the organisation or conduct of the research project" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 64 | Page 19, line 25, leave out from "he" to ", or" in line 26 and insert "appears to object (whether by showing signs of resistance or otherwise) except where what is being done is intended to protect him from harm or to reduce or prevent pain or discomfort" |
| 65 | Page 19, line 31, at end insert— |
| "( ) | The interests of the person must be assumed to outweigh those of science and society." |
| 66 | Page 19, line 37, at end insert— |
| "(5) | But neither subsection (3) nor subsection (4) requires 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." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 67 | Insert the following new Clause— |
| | "Loss of capacity during research project |
| (1) | This section applies where a person ("P")— |
| (a) | has consented to take part in a research project begun before the commencement of section 30, but |
| (b) | before the conclusion of the project, loses capacity to consent to continue to take part in it. |
| (2) | The appropriate authority may by regulations provide that, despite P's loss of capacity, research of a prescribed kind may be carried out on, or in relation to, P if— |
| (a) | the project satisfies prescribed requirements, |
| (b) | any information or material relating to P which is used in the research is of a prescribed description and was obtained before P's loss of capacity, and |
| (c) | the person conducting the project takes in relation to P such steps as may be prescribed for the purpose of protecting him. |
| (3) | The regulations may, in particular,— |
| (a) | make provision about when, for the purposes of the regulations, a project is to be treated as having begun; |
| (b) | include provision similar to any made by section 31, 32 or 33." |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 68 | Page 19, line 41, leave out from ""independent" to end of line 42 and insert "mental capacity advocates") to be available to represent and support persons to whom acts or decisions proposed under sections 35, 36 and 37 relate" |
| 69 | Page 20, line 1, leave out paragraphs (a) and (b) and insert "as to the appointment of independent mental capacity advocates" |
| 70 | Page 20, line 5, leave out "consultee" and insert "mental capacity advocate" |
| 71 | Page 20, line 7, leave out "consultee" and insert "mental capacity advocate" |
| 72 | Page 20, line 10, leave out from "that" to "by" in line 11 and insert "a person to whom a proposed act or decision relates should, so far as practicable, be represented and supported" |
| 73 | Page 20, line 17, leave out "consultee" and insert "mental capacity advocate" |
| 74 | Page 20, line 18, leave out from "person" to ", and" in line 19 and insert "whom he has been instructed to represent" |
| 75 | Page 20, line 27, leave out "consultee's" and insert "mental capacity advocate's" |
| 76 | Page 20, line 28, after first "section" insert ", section (Functions of independent mental capacity advocates)" |
| 77 | Page 20, line 29, leave out "consultees" and insert "mental capacity advocates" |
| 78 | Page 20, line 31, leave out "consultees" and insert "mental capacity advocates" |
| 79 | Page 20, line 33, leave out subsection (8) |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 80 | Insert the following new Clause— |
| | "Functions of independent mental capacity advocates |
| (1) | The appropriate authority may make regulations as to the functions of independent mental capacity advocates. |
| (2) | The regulations may, in particular, make provision requiring an advocate to take such steps as may be prescribed for the purpose of— |
| (a) | providing support to the person whom he has been instructed to represent ("P") so that P may participate as fully as possible in any relevant decision; |
| (b) | obtaining and evaluating relevant information; |
| (c) | ascertaining what P's wishes and feelings would be likely to be, and the beliefs and values that would be likely to influence P, if he had capacity; |
| (d) | ascertaining what alternative courses of action are available in relation to P; |
| (e) | obtaining a further medical opinion where treatment is proposed and the advocate thinks that one should be obtained. |
| (3) | The regulations may also make provision as to circumstances in which the advocate may challenge, or provide assistance for the purpose of challenging, any relevant decision." |
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