Clause 1 - The Principles
Mental Capacity Bill
Public Bill Committees, 19 October 2004, 9:30 am
Mr Alan Hurst (Braintree, Labour)
With this it will be convenient to discuss the following amendments:
No. 1, in
clause 1, page 1, line 6, after 'unless', insert 'and until'.
No. 2, in
clause 1, page 1, line 7, after 'capacity', insert
'relevant to the particular situation'.
No. 3, in
clause 1, page 1, line 7, at end insert—
'(2A) Even where a person may lack capacity, he is entitled to respect for any feelings he may have'.
No. 4, in
clause 1, page 1, line 11, at end insert
' or has made unwise decisions in similar past situations'.
No. 91, in
clause 1, page 1, line 13, after 'made', insert 'for his benefit and'.
No. 5, in
clause 1, page 1, line 13, after 'interests', insert
'or in accordance with his advance decision under section 24 of the Act'.
No. 6, in
clause 1, page 1, line 13, at end insert—
'(5A) An act done, or decision made, under this Act for or on behalf of a person who lacks capacity, shall if valid be treated as of equal validity as if it had been made by the person himself'.
No. 7, in
clause 1, page 1, line 15, after 'effectively', insert 'or adequately'.
No. 8, in
clause 1, page 1, line 16, leave out 'rights and'.
No. 90, in
clause 1, page 1, line 16, at end add—
'(7) An act done, or decision made under this Act for, or on behalf of, a person who lacks capacity must not be done in a way that is less favourable than the way in which it would be done or made by a person if they had capacity in a comparable situation.'.