Clause 5 - Acts in connection with care or treatment
Mental Capacity Bill
2:30 pm
Mr James Cran (Beverley and Holderness, Conservative)
With this it will be convenient to discuss the following amendments: No. 93, in clause 5, page 3, line 32, leave out from beginning of line to 'and', and insert
'has capacity to consent to the act and must ascertain P's best interests if P is unable to consent for himself in accordance with section 4'.
No. 94, in clause 5, page 3, line 34, leave out from 'capacity' to 'and', and insert
'to consent to the act'.
No. 17, in clause 5, page 3, line 39, at end insert
'but he may be civilly liable to P both for acts done without P's consent, and also for any failure to take reasonable steps to establish whether P lacks capacity in relation to the matter in question or in failing to consult P about his view on the matter'.