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EnactedMental Capacity (Amendment) Act 2019

Proposed amendments

41 amendments across 5 provisions

Clause 1 1

Amendment #10012#10012WithdrawnAmends text
Amendment text
at end insert—
After section 4A, insert—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
EditBillBody
Clause
1
Baroness Finlay of Llandaff

Clause 2 11

Amendment #9979#9979Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Restriction on power of attorneys and deputies

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
2
Baroness Thornton
Amendment #10023#10023Not movedAmends text
Amendment text
at end insert—
Condition 1A is that the person authorising or effecting the steps which deprive P of liberty is satisfied that doing so will benefit P and that life-sustaining treatment or doing any vital act cannot reasonably be achieved without taking those steps.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Baroness Murphy
Amendment #10118#10118Not movedAmends text
Amendment text
at end insert—
An authorisation under this section shall be valid for the period of seven days and may be eligible for renewal at the end of this and every subsequent seven day period up to a maximum period of 28 days beginning with the date of the first authorisation.”
Stage
Committee stage
Type
EditBillBody
Clause
2
Baroness Finlay of Llandaff
Amendment #10196#10196Not movedAmends text
Amendment text
after “manager” insert “or the person responsible for the care plan”
Stage
Committee stage
Type
EditBillBody
Clause
2
Baroness Finlay of Llandaff
Amendment #10288#10288WithdrawnRemoves provision
Amendment text
Baroness Thornton gives notice of her intention to oppose the Question that Clause 2 stand part of the Bill.
Stage
Committee stage
Type
DeleteClauseOrSchedule
Clause
2
Baroness Thornton
Amendment #10422#10422Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Lasting powers of attorney: identity documentation

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
2
Baroness Finlay of Llandaff
Amendment #10679#10679AgreedAmends text
Amendment text
leave out “which would” and insert “that”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord O'Shaughnessy
Amendment #10720#10720AgreedAmends text
Amendment text
leave out “or (c)”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord O'Shaughnessy
Amendment #10721#10721AgreedAmends text
Amendment text
leave out “or (c)”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord O'Shaughnessy
Amendment #10722#10722AgreedAmends text
Amendment text
leave out from “liberty” to end of line 36
Stage
Report stage
Type
EditBillBody
Clause
2
Lord O'Shaughnessy
Amendment #10723#10723AgreedAmends text
Amendment text
at end insert “or”
Stage
Report stage
Type
EditBillBody
Clause
2
Lord O'Shaughnessy

Clause 3 18

Amendment #9981#9981Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Advance consent to certain arrangements

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Thornton
Amendment #9982#9982Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Unlawful deprivation of liberty

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Thornton
Amendment #10107#10107Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Review

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Jolly
Amendment #10108#10108WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Requirements before commencement

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Jolly
Amendment #10240#10240Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Requirements before commencement

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Lord Hunt of Kings Heath
Amendment #10254#10254Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Duties of the Care Quality Commission

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Lord Hunt of Kings Heath
Amendment #10285#10285Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Non-application to individuals in domestic settings

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Meacher
Amendment #10286#10286WithdrawnRemoves provision
Amendment text
Baroness Thornton gives notice of her intention to oppose the Question that Clause 3 stand part of the Bill.
Stage
Committee stage
Type
DeleteClauseOrSchedule
Clause
3
Baroness Thornton
Amendment #10287#10287WithdrawnAmends text
Amendment text
at end insert—
Presumption of P giving evidence
Stage
Committee stage
Type
EditBillBody
Clause
3
Baroness Thornton
Amendment #10369#10369Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Power to call for reports

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Tyler of Enfield
Amendment #10370#10370Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Provision in the event of the holder of lasting power of attorney being unable to fulfil their functions under this Act

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Finlay of Llandaff
Amendment #10371#10371Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Requirements before commencement: guidance for responsible bodies

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Barran
Amendment #10421#10421Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Revocation of donee’s appointment by donor

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Committee stage
Type
AddClauseOrSchedule
Clause
3
Baroness Finlay of Llandaff
Amendment #10461#10461Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Requirement before commencement: outstanding applications

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
3
Lord Hunt of Kings Heath
Amendment #10462#10462WithdrawnNew clause / schedule
Amendment text
Insert the following new Clause—
“Requirement before commencement: consultation

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
3
Lord Hunt of Kings Heath
Amendment #10730#10730Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Requirements before commencement

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
3
Baroness Tyler of Enfield
Amendment #10738#10738Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Code of practice

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
3
Lord Hunt of Kings Heath
Amendment #10773#10773Not movedNew clause / schedule
Amendment text
Insert the following new Clause—
“Requirements before commencement: consultation etc

Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
AddClauseOrSchedule
Clause
3
Baroness Thornton

Clause 5 6

Amendment #10678#10678AgreedAmends text
Amendment text
leave out “made by statutory instrument”
Stage
Report stage
Type
EditBillBody
Clause
5
Lord O'Shaughnessy
Amendment #10731#10731Not movedAmends text
Amendment text
after first “section,” insert “section (Requirements before commencement),”
Stage
Report stage
Type
EditBillBody
Clause
5
Baroness Tyler of Enfield
Amendment #10739#10739Not movedAmends text
Amendment text
after first “section,” insert “section (Code of practice),”
Stage
Report stage
Type
EditBillBody
Clause
5
Lord Hunt of Kings Heath
Amendment #10741#10741Not movedAmends text
Amendment text
after first “section,” insert “section (Requirement before commencement: outstanding applications),”
Stage
Report stage
Type
EditBillBody
Clause
5
Lord Hunt of Kings Heath
Amendment #10742#10742Not movedAmends text
Amendment text
after first “section,” insert “section (Requirement before commencement: consultation),”
Stage
Report stage
Type
EditBillBody
Clause
5
Lord Hunt of Kings Heath
Amendment #10772#10772Not movedAmends text
Amendment text
after first “section,” insert “section (Requirements before commencement: consultation etc),”
Stage
Report stage
Type
EditBillBody
Clause
5
Baroness Thornton

Schedule 1 5

Amendment #10677#10677AgreedAmends text
Amendment text
at end insert—
“Part 8 contains transitory provision.”
Stage
Report stage
Type
EditBillBody
Schedule
1
Lord O'Shaughnessy
Amendment #10732#10732WithdrawnAmends text
Amendment text
at end insert—
For the purpose of paragraph 2(1)(b), arrangements which give rise to the deprivation of the cared-for person’s liberty are those in which—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Schedule
1
Baroness Tyler of Enfield
Amendment #10740#10740Not movedAmends text
Amendment text
at end insert—
For the purpose of paragraph 2(1)(b), a cared-for person is deprived of their liberty only if—

The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.

Stage
Report stage
Type
EditBillBody
Schedule
1
Lord Woolf
Amendment #10744#10744WithdrawnAmends text
Amendment text
at end insert—
This Schedule does not apply to deprivation of liberty processes in a domestic setting, arrangements for which must be undertaken under the Care Act 2014.
Stage
Report stage
Type
EditBillBody
Schedule
1
Baroness Meacher
Amendment #10885#10885AgreedAmends text
Amendment text
at end insert—
In determining whether either of paragraph (a) or (b) of sub-paragraph (2) applies, the responsible body must consider the views of any relevant person about the wishes of the cared-for person that are brought to the responsible body’s attention.
Stage
3rd reading
Type
EditBillBody
Schedule
1
Lord O'Shaughnessy