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| | THE BARONESS ASHTON OF UPHOLLAND |
| 108 | Page 45, line 38, leave out paragraph 7 |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 109 | Page 33, line 28, at end insert— |
| | ""the Human Rights Convention" has the same meaning as "the Convention" in the Human Rights Act 1998 (c. 42)," |
| 110 | Page 33, line 29, leave out "consultee" and insert "mental capacity advocate" |
| 111 | Page 33, line 40, at end insert— |
| | ""prescribed", in relation to regulations made under this Act, means prescribed by those regulations," |
| 112 | Page 34, line 2, at end insert— |
| | ""public authority" has the same meaning as in the Human Rights Act 1998 (c. 42)," |
| | THE BARONESS CHAPMAN
THE BARONESS MASHAM OF ILTON
THE BARONESS KNIGHT OF COLLINGTREE
THE LORD ALTON OF LIVERPOOL |
| 113 | Page 34, line 8, at end insert "but shall exclude nutrition or hydration, howsoever provided" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 114 | Page 34, line 27, leave out from "than" to "is" in line 29 and insert "— |
| (a) | regulations under section (Loss of capacity during research project) (loss of capacity during research project), |
| (b) | regulations under section 39 (adjusting role of independent mental capacity advocacy service), |
| (c) | regulations under section (Protective care for certain persons lacking mental capacity) (protective care for certain persons lacking mental capacity), |
| (d) | regulations under paragraph 33(1)(b) of Schedule 3 (private international law relating to the protection of adults), |
| (e) | an order of the kind mentioned in section 63(6) (consequential amendments of primary legislation), or |
| (f) | an order under section 64 (commencement)," |
| 114A | Page 34, line 27, leave out from "than" to "is" in line 29 and insert "— |
| (a) | regulations under section (Loss of capacity during research project) (loss of capacity during research project), |
| (b) | regulations under section 39 (adjusting role of independent mental capacity advocacy service), |
| (c) | regulations under paragraph 33(1)(b) of Schedule 3 (private international law relating to the protection of adults), |
| (d) | an order of the kind mentioned in section 63(6) (consequential amendments of primary legislation), or |
| (e) | an order under section 64 (commencement)," |
| 115 | Page 34, line 30, at end insert— |
| "( ) | A statutory instrument containing an Order in Council under paragraph 32 of Schedule 3 (provision to give further effect to Hague Convention) is subject to annulment in pursuance of a resolution of either House of Parliament." |
| 116 | Page 34, line 32, leave out "section 39" and insert "section (Loss of capacity during research project), 39 or (Protective care for certain persons lacking mental capacity) or by the Lord Chancellor under paragraph 33(1)(b) of Schedule 3" |
| 116A | Page 34, line 32, leave out "section 39" and insert "section (Loss of capacity during research project) or 39 or by the Lord Chancellor under paragraph 33(1)(b) of Schedule 3" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 117 | Page 34, line 39, leave out "this Act" and insert "subsection (1)(b)" |
| 118 | Page 34, line 41, leave out "this Act" and insert "subsection (1)(b)" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 119 | Page 35, line 6, after second "of" insert ", or made under," |
| 120 | Page 35, line 12, after first "Act" insert "or Measure" |
| 121 | Page 35, line 15, at end insert "or Measure" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 122 | Page 73, line 31, leave out "Seeking advice from independent consultee" and insert "Instructing independent mental capacity advocate" |
| 123 | Page 76, line 6, at end insert— |
| "( ) | In section 3 (detention for treatment), after subsection (3) add— |
| "(4) | The Secretary of State may by regulations prescribe circumstances in which the fact that a patient could be detained in accordance with protective care regulations may be ignored, or circumstances in which that fact must be ignored, in determining whether he should be detained under this section. |
| (5) | "Protective care regulations" means regulations made under section (Protective care for certain persons lacking mental capacity) of the Mental Capacity Act 2005 (protective care)." |
| ( ) | In section 20 (duration of detention for treatment), after subsection (4) add— |
| "(4A) | The Secretary of State may by regulations prescribe circumstances in which the fact that a patient could be detained in accordance with protective care regulations may be ignored, or circumstances in which that fact must be ignored, in determining whether he should continue to be detained under this section. |
| (4B) | "Protective care regulations" has the meaning given by section 3(5)." |
| 124 | Page 76, line 31, at end insert— |
| | "29A (1) The reference to the Mental Health Act in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) is to be treated as referring to that Act as amended by paragraph 29. |
| (2) | Sub-paragraph (1) does not affect the power to make further Orders varying or omitting that reference." |
| 125 | Page 77, line 37, at end insert— |
| | "Patronage (Benefices) Measure 1986 (No. 1) |
| (1) | The Patronage (Benefices) Measure 1986 (No. 3) is amended as follows. |
| (2) | In section 5 (rights of patronage exercisable otherwise than by registered patron), after subsection (3) insert— |
| "(3A) | The reference in subsection (3) to a power of attorney does not include an enduring power of attorney or lasting power of attorney (within the meaning of the Mental Capacity Act 2005)." |
| (3) | In section 9 (information to be sent to designated officer when benefice becomes vacant), after subsection (5) insert— |
| "(5A) | Subsections (5B) and (5C) apply where the functions of a registered patron are, as a result of paragraph 10 of Schedule 2 to the Mental Capacity Act 2005 (patron's loss of capacity to discharge functions), to be discharged by an individual appointed by the Court of Protection. |
| (5B) | If the individual is a clerk in Holy Orders, subsection (5) applies to him as it applies to the registered patron. |
| (5C) | If the individual is not a clerk in Holy Orders, subsection (1) (other than paragraph (b)) applies to him as it applies to the registered patron."" |
| | THE BARONESS ASHTON OF UPHOLLAND |
| 126 | Page 35, line 19, after "Act" insert ", other than sections 30 to 39 and (Protective care for certain persons lacking mental capacity)," |
| 126A | Page 35, line 19, after "Act" insert ", other than sections 30 to 39," |
| 127 | Page 35, line 20, at end insert— |
| "( ) | Sections 30 to 39 and (Protective care for certain persons lacking mental capacity) come into force in accordance with provision made by order by— |
| (a) | the Secretary of State, in relation to England, and |
| (b) | the National Assembly for Wales, in relation to Wales." |
| 128 | Page 35, line 20, at end insert— |
| "( ) | Sections 30 to 39 come into force in accordance with provision made by order by— |
| (a) | the Secretary of State, in relation to England, and |
| (b) | the National Assembly for Wales, in relation to Wales." |
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