Mental Capacity Bill

Part of the debate – in the House of Lords at 3:00 pm on 27 January 2005.

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Photo of Baroness Ashton of Upholland Baroness Ashton of Upholland Parliamentary Under-Secretary, Department for Constitutional Affairs, Parliamentary Under-Secretary (Department for Constitutional Affairs) 3:00, 27 January 2005

moved Amendment No. 85:

Page 15, line 16, leave out subsection (5) and insert—

(5) An advance decision is not applicable to life-sustaining treatment unless—

(a) the decision is verified by a statement by P to the effect that it is to apply to that treatment even if life is at risk, and

(b) the decision and statement comply with subsection (5A).

(5A) A decision or statement complies with this subsection only if—

(a) it is in writing,

(b) it is signed by P or by another person in P's presence and by P's direction,

(c) the signature is made or acknowledged by P in the presence of a witness, and

(d) the witness signs it, or acknowledges his signature, in P's presence."

[Amendments Nos. 85A to 87, as amendments to Amendment No. 85, not moved.]

On Question, Amendment No. 85 agreed to.

[Amendment No. 88 had been withdrawn from the Marshalled List.]

[Amendment No. 89 not moved.]

Clause 25, as amended, agreed to.