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

Part of the debate – in the House of Lords at 5:28 pm on 26th February 2019.

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Moved by Baroness Blackwood of North Oxford

That this House do agree with the Commons in their Amendments 26 to 40.

26: Schedule 1, page 13, line 48, at end insert— “(1A) The person who makes the determination need not be the same as the person who carries out the assessment.”

27: Schedule 1, page 14, leave out lines 1 and 2 and insert— “(2) The appropriate authority may by regulations make provision for requirements which must be met by a person—(a) making a determination, or(b) carrying out an assessment, under this paragraph. (2A) Regulations under sub-paragraph (2) may make different provision— (a) for determinations and assessments, and(b) for determinations and assessments required under sub- paragraph (1)(a) and determinations and assessments required under sub-paragraph (1)(b).”

28: Schedule 1, page 14, line 6, leave out “prescribed connection “and insert “connection, of a kind prescribed by regulations,”

29: Schedule 1, page 14, line 14, after “the” insert “determination or”

30: Schedule 1, page 14, line 16, after “the” insert “determination or”

31: Schedule 1, page 14, line 18, leave out “The” and insert “An”

32: Schedule 1, page 14, line 34, leave out “made on an assessment” and insert “by a person, who meets requirements prescribed by regulations made by the appropriate authority, made on an assessment by that person”

33: Schedule 1, page 14, leave out lines 40 to 46

34: Schedule 1, page 15, line 2, leave out from “16,” to “by” in line 3 on page 15 and insert “a determination may not be made”

35: Schedule 1, page 15, line 4, leave out “prescribed connection” and insert “connection, of a kind prescribed by regulations,”

36: Schedule 1, page 15, line 9, leave out “assessment” and insert “determination”

37: Schedule 1, page 15, line 11, leave out “assessment” and insert “determination”

38: Schedule 1, page 15, line 15, leave out from second “arrangements” to end of line 16 and insert“and—(i) authorisation is being determined under paragraph 16, or(ii) renewal is being determined under paragraph 32, (a) by”

39: Schedule 1, page 16, line 1, leave out “prescribed connection” and insert “connection, of a kind prescribed by regulations,”

40: Schedule 1, page 16, line 8, leave out “or”

Motion on Amendments 26 to 40 agreed.