Clause 13 - Revocation of lasting powers of attorney etc.
Mental Capacity Bill
3:30 pm
Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton and Cheam, Liberal Democrat)
Will the Minister say a little more, by way of amplification, about the sorts of things that might be prescribed under clause 13(6)(a), so that they will be more clearly on the record? The explanatory notes give no examples of matters that would deemed to be events such as
''the disclaimer of the appointment by the donee in accordance with such requirements as may be prescribed'',
and so on. It would be useful if the Minister elaborated. I ask about it because of something he said in response to my earlier amendments regarding POVA list checks for donees. He said that he did not want to prejudice action on the Bichard recommendations. I want to find out whether, in the context of these or subsequent regulation-making powers, it might prove possible to include in the legislation through regulations the ability to use the wider system of safeguarding vulnerable adults.
First, therefore, will the Minister give some examples of what might be prescribed? Secondly, will he say where in clause 13, or perhaps in a subsequent clause, he hopes it will be possible without further primary legislation to give effect to the Bichard recommendations, if the Government are minded to do so at a later stage?