Clause 20 - Restrictions on deputies
Mental Capacity Bill
4:00 pm
Mr David Lammy (Parliamentary Under-Secretary, Department for Constitutional Affairs; Tottenham, Labour)
The court can prohibit or direct people, but an individual cannot. It is right that that scrutiny is very definitely within the ambit of the court. That is part of the court's broad powers to put its orders into effect, so in appointing a deputy, it is the court order that, in a sense, falls within its ambit. The deputy can take away the person who lacks capacity, but they cannot control the third party. That would run into other areas of both common and criminal law.