Clause 34 - Appointment of independent consultees
Mental Capacity Bill
10:15 am
Mr Paul Burstow (Shadow Secretary of State for Health, Health; Sutton and Cheam, Liberal Democrat)
I beg to move amendment No. 170, in
clause 34, page 19, line 11, leave out subsection (1) and insert—
'34 Appointment of independent advocates
(1) The appropriate authority must arrange, to such an extent as he considers necessary to maintain the principles set out in section 1 of the Act for independent advocates to be available to assist a person (''P'') when another person (''D'') is considering doing an act, or making a decision to do an act.
(2) The assistance available under the arrangements must include—
(a) assistance to permit and encourage the individual to participate or improve his ability to participate, as fully as possible in the act proposed to be done or the decision to be made affecting him;
(b) assistance to express the individual's past and present wishes and feelings, beliefs and values and other factors which he would consider and are relevant to the decision or proposed action if he were able to do so;
(c) assistance to maintain the principles set out in section 1 of this Act.'.