Motion on Amendments 18 and 19

Mental Health Bill [HL] - Commons Amendments – in the House of Lords at 4:15 pm on 24 November 2025.

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Baroness Merron:

Moved by Baroness Merron

That the House do disagree with the Commons in their Amendments 18 and 19 but do propose Amendments 19B and 19C in lieu—

18: Schedule 2, page 81, line 25, leave out from beginning to end of line 3 on page 82 and insert— “(3) If no local authority has parental responsibility for the relevant patient but there are one or more other persons who have parental responsibility and who are willing to act as the nominated person, the approved mental health professional must appoint one of them.”

19: Schedule 2, page 82, line 4, leave out “[sub-paragraph removed]” and insert “sub-paragraph (3)”

19B: Schedule 2, page 81, line 25, leave out from beginning to end of line 3 on page 82 and insert—“(3) If no local authority has parental responsibility for the relevant patient and there is a person within the following list who is willing to act as the nominated person, the approved mental health professional must appoint such a person—(a) a person who has parental responsibility for the relevant patient;(b) a person named in a child arrangements order as a person with whom the relevant patient is to live;(c) a person who is a special guardian of the relevant patient.(4) In sub-paragraph (3) “child arrangements order” and “special guardian” have the same meaning as in the Children Act 1989 (see sections 8(1) and 14A(1) of that Act respectively).”

19C: Schedule 2, page 82, line 4, leave out “[sub-paragraph removed]” and insert “sub-paragraph (3)”