Clause 4 - Best interests
Mental Capacity Bill
2:30 pm
Mr James Cran (Beverley and Holderness, Conservative)
With this it will be convenient to discuss amendment No. 108, in clause 4, page 3, line 27, at end add—
'(9) Where it appears to a relevant authority that—
(a) a person, ''C'', is engaged in caring for another person, ''P'', and
(b) section 5 may apply to acts in connection with the care or treatment provided by C to P, and
(c) C is not a person to whom section 40(4) applies (those individuals who are under a duty to comply with the Code)
that authority shall provide C with the codes of practice referred to in section 40(1)(b) (guidance for persons acting in connection with the care or treatment of another person) and take any other steps as it considers reasonably necessary to assist C in complying with section 5(1) (ensuring that P lacks capacity and reasonably believing that the act is in P's best interests).
(10) For the purpose of subsection (9) ''relevant authority'' means either—
(a) a local authority exercising functions under section 47 of the National Health Service and Community Care Act 1990, or
(b) a Health Authority, Local Health Board, Special Health Authority, Primary Care Trust or National Health Service trust which is responsible for providing or arranging services under the National Health Act 1997.'.