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Schedule to Be Inserted as Schedule Aa1 to the Mental Capacity Act 2005

Part of Mental Capacity (Amendment) Bill [Lords] – in the House of Commons at 5:45 pm on 12th February 2019.

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Question accordingly negatived.

Proceedings interrupted (Programme Order, 18 December).

The Deputy Speaker put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83E).

Amendment made: 38, page 16, line 13, leave out from second “arrangements” to end of line 14 and insert “and—

(i) authorisation is being determined under paragraph 16, or

(ii) renewal is being determined under paragraph 32,

by”.—(Caroline Dinenage.)

This amendment is to make it clear that consultation under paragraph 20 of the new Schedule AA1 for the purposes of renewal of authorisation under paragraph 32 of that Schedule is to be by the care home manager.

Amendment proposed: 50, page 17, line 13, at end insert—

“(ca) the arrangements are being authorised under paragraph 16 of this Schedule, or”—(Barbara Keeley.)

This amendment would require an AMCP to review all cases where the responsible body is authorising arrangements based on a statement provided by a care home manager.

Question put, That the amendment be made.

The House divided:

Ayes 249, Noes 301.