Mental Capacity (Amendment) Bill [HL] - Commons Amendments

Part of the debate – in the House of Lords at 4:45 pm on 26th February 2019.

Alert me about debates like this

Moved by Baroness Blackwood of North Oxford

That this House do agree with the Commons in their Amendment 24.

24: Schedule 1, page 11, line 18, at end insert— “12A(1) The following must publish information about authorisation of arrangements under this Schedule—(a) the hospital manager of each NHS hospital; (b) each clinical commissioning group;(c) each Local Health Board;(d) each local authority. (2) The information must include information on the following matters in particular—(a) the effect of an authorisation;(b) the process for authorising arrangements, including making or carrying out—(i) assessments and determinations required under paragraphs 18 and 19;(ii) consultation under paragraph 20;(iii) a pre-authorisation review (see paragraphs 21 to 23);(c) the circumstances in which an independent mental capacity advocate should be appointed under paragraph 39 or 40; (d) the role of a person within paragraph 39(5) (an “appropriate person”) in relation to a cared-for person and the effect of there being an appropriate person;(e) the circumstances in which a pre-authorisation review is to be carried out by an Approved Mental Capacity Professional under paragraph 21;(f) the right to make an application to the court to exercise its jurisdiction under section 21ZA;(g) reviews under paragraph 35, including— (i) when a review will be carried out; (ii) the rights to request a review;(iii) the circumstances in which a referral may or will be made to an Approved Mental Capacity Professional. (3) The information must be accessible to, and appropriate to the needs of, cared-for persons and appropriate persons. 12B (1) Where arrangements are proposed, the responsible body must as soon as practicable take such steps as are practicable to ensure that—(a) the cared-for person, and(b) any appropriate person in relation to the cared-for person, understands the matters mentioned in sub-paragraph (3). (2) If, subsequently, at any time while the arrangements are being proposed the responsible body becomes satisfied under paragraph 39(5) that a person is an appropriate person in relation to the cared-for person, the responsible body must, as soon as practicable, take such steps as are practicable to ensure that the appropriate person understands the matters mentioned in sub-paragraph (3). (3) Those matters are—(a) the nature of the arrangements, and(b) the matters mentioned in paragraph 12A(2) as they apply in relation to the cared-for person’s case.(4) If it is not appropriate to take steps to ensure that the cared-for person or any appropriate person understands a particular matter then, to that extent, the duties in sub-paragraphs (1) and (2) do not apply. (5) In this paragraph “appropriate person”, in relation to a cared-for person, means a person within paragraph 39(5).”