Previously called Standing Committees, Public Bill Commitees study proposed legislation (Bills) in detail, debating each clause and reporting any amendments to the Commons for further debate.
There are at least 16 MPs on a Committee, and the proportion of parties reflects the House of Commons, so the government always has a majority.
[Mr. Alan Hurst in the Chair]
I beg to move amendment No. 86, in clause 1, page 1, line 6, leave out from 'capacity' to the end of line 7 and insert 'in relation to any matter, except where it is established in relation to a...
[Mr. Alan Hurst in the Chair]
Amendment proposed [this day]: No. 86, in clause 1, page 1, line 6, leave out from 'capacity' to the end of line 7 and insert 'in relation to any matter, except where it is established in...
I beg to move amendment No. 10, in clause 2, page 2, line 5, leave out 'an'.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 13, in clause 4, page 2, leave out line 36.
[Mr. James Cran in the Chair]
Amendment proposed [19 October]: No. 13, in clause 4, page 2, leave out line 36.—[Mr. Boswell.] Question again proposed, That the amendment be made.
[Mr. James Cran in the Chair]
Amendment proposed [this day]: No. 136, in clause 4, page 3, line 16, at end insert— '(e) an independent advocate if (a) to (d) do not apply.'.—[Mrs. Browning.]
I beg to move amendment No. 16, in clause 5, page 3, line 31, leave out paragraph (a).
I beg to move amendment No. 98, in clause 6, page 4, line 6, after second 'is', insert 'at that time and in relation to the circumstances of that time'.
I beg to move amendment No. 107, in clause 7, page 4, line 27, leave out 'must' and insert 'should, with consideration to his means'. I am mentioning this amendment just so that the Minister...
I beg to move amendment No. 22, in clause 8, page 4, line 36, at end insert 'and D shall keep appropriate records and receipts to validate any such claim to reimbursement'. I am conscious of...
[Mr. Alan Hurst in the Chair]
I beg to move amendment No. 164, in clause 9, page 5, line 11, after 'capacity', insert 'where the authority of the donee has been limited to either one of (a) or (b). (1A) There is no...
I beg to move amendment No. 70, in schedule 1, page 35, line 3, at end insert '(or has had it read to him)'. I shall be even briefer. This amendment is certainly less important, but it has one...
[Mr. Alan Hurst in the Chair]
Amendment proposed this day: No. 71, in schedule 1, page 35, line 12, leave out 'and' and insert— '(iia) there is no significant actual or potential conflict between the interests of the...
I beg to move amendment No. 159, in schedule 1, page 39, line 11, after 'power', insert— '(1) Where an instrument authorising a welfare attorney to make decision is used for the first...
I beg to move amendment No. 161, in clause 10, page 5, line 31, after 'who', insert '(a)'.
I beg to move amendment No. 167, in clause 11, page 6, line 31, leave out from 'to make' to the end of line 35 and insert 'a decision on behalf of P in relation to a matter if he knows or has...
I beg to move amendment No. 27, in clause 12, page 7, line 4, after 'gifts', insert '(including the sale of assets at a discount or at less than money's worth.'.
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 140, in clause 16, page 9, line 17, after 'affairs', insert 'or (c) P's claims for and payments of state benefits administered by the relevant authorities.'.
I beg to move amendment No. 29, in clause 17, page 10, line 8, at end insert— '(aa) where P is to travel on any journey exceeding 10 miles'. I shall be brief. The idea of tabling the...
Schedule 2Property and affairs: supplemental provisions
I beg to move amendment No. 115, in schedule 2, page 39, line 31, at end insert ', and (d) must be sealed with the official seal of the Court of Protection'.
I beg to move amendment No. 32, in clause 19, page 11, line 31, after 'reports' insert '(whether relating to matters of P's personal welfare or the conduct of P's property and affairs, as the...
I beg to move amendment No. 35, in clause 20, page 11, line 37, at end insert 'except in case of urgent necessity'. We now move on to restrictions on deputies. As the Minister will appreciate,...
[Mr. James Cran in the Chair]
I beg to move amendment No. 241, in clause 24, page 14, line 19, after 'not', insert 'or is'.
[Mr. James Cran in the Chair]
Question proposed, That the clause stand part of the Bill.
'(1) The responsible clinician may be any registered doctor responsible for P's assessment and medical treatment at the relevant time. (2) If P's responsible clinician considers that the...
'(1) This section applies where it appears to the responsible clinician that the conditions specified in subsection (3) are met in P's case. (2) The responsible clinician must ensure that, for...
(1) The Secretary of State must, if requested to do so by any person, determine whether the conditions specified in section E (2) to (7) appear to be met in P's case. (2) If the Secretary of...
'(1) Where— (a) treatment for mental disorder is being provided to P at a hospital otherwise than in accordance with Part II of the Mental Health Act 1983, and (b) it appears to the...
'(1) The assessment of P under this section is for the purpose of determining whether the conditions specified in subsection (2) to (7) are met in P's case. (2) The first condition is that P is...
'(1) The Secretary of State must secure that the assessment is made not later than the end of 28 days beginning with the day on which a responsible clinician is appointed for P. (2) If because...
'The Medical Adviser for the purposes of this Act is a registered medical practitioner who is a member of the Expert Panel appointed by the Secretary of State.'.—
'(1) As soon as practicable after appointing a responsible clinician for P, under section C, the Secretary of State must notify the local social services authority of the appointment. (2) The...
'(1) The responsible clinician for a qualifying patient, P, must ensure that one representative adopted or appointed by P— (a) is consulted before medical treatment of any description is...
'(1) the managers of a hospital at which medical treatment is provided to a qualifying patient, P, must secure that— (a) a care plan is prepared for P by the responsible clinician, and ...
'(1) The responsible clinician must, as soon as practicable after preparing a care plan, send a copy of it for approval to a person (the ''medical adviser'') appointed by the Secretary of State...
'(1) The responsible clinician may amend P's care plan at any time. (2) Sections H to K apply to an amended care plan as they apply to a care plan. (3) If the responsible clinician amends P's...
'(1) A care plan for P must specify the date on or before which P's responsible clinician must carry out a review (the ''review date''). (2) The first review date must be not more than six...
'(1) If the responsible clinician refuses a request under section M(4) for a review, he must, if required to do so by P or his advocate or representative, refer his decision to a member of the...
'(1) The responsible clinician must, if requested to do so by P's representative refer to the medical adviser appointed by the Secretary of State for that purpose any complaint made by P's...
'(1) An application may be made to the court by P or by his or her representative for an order requiring the managers of the hospital to discharge P. (2) If the court is satisfied that P is...
I beg to move amendment No. 40, in clause 29, page 16, line 20, leave out 'for any public office'. This may be a less taxing issue for the Committee than the new clauses that we discussed...
I beg to move amendment No. 41, in clause 30, page 16, line 31, after '31', insert— '(aa) in conformity with an advance decision to permit the carrying out of research on P made while P...
[Mr. Alan Hurst in the Chair]
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 45, in clause 32, page 18, line 19, leave out 'or is P's deputy'.
I beg to move amendment No. 183, in clause 33, page 19, line 3, at end insert 'or wishes expressed by P in a LPA.'. The Minister might shorten our proceedings on the amendment by accepting it....
I beg to move amendment No. 170, in clause 34, page 19, line 11, leave out subsection (1) and insert— '34 Appointment of independent advocates (1) The appropriate authority must arrange,...
[Mr. Alan Hurst in the Chair]
Amendment proposed [this day]: No. 170, in clause 34, page 19, line 11, leave out subsection (1) and insert— 34 Appointment of independent advocates (1) The appropriate authority must...
I beg to move amendment No. 49, in clause 35, page 20, line 2, after 'body' insert 'or other registered medical practitioner'. The amendment follows on rather neatly from the group of the...
[Mr. James Cran in the Chair]
Amendments made: No. 226, in clause 36, page 20, line 29, at end insert— '( ) But this section does not apply if P is accommodated as a result of an obligation imposed on him under the...
I beg to move amendment No. 231, in clause 37, page 21, line 14, leave out from 'with' to end of line 14 and insert '— (a) section 21 or 29 of the National Assistance Act 1948 (c.29), or ...
I beg to move amendment No. 198, in clause 38, page 21, line 26, leave out beginning to end of line 32 and insert— 'The duty to identify and consult an independent advocate in relation to...
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 53, in clause 40, page 22, line 4, after 'must,' insert 'after consulting with such persons professional and lay as seem to him to have an interest,'.
[Mr. James Cran in the Chair]
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 147, in clause 41, page 22, line 37, after 'preparing,', insert 'publish'.
I beg to move amendment No. 150, in clause 42, page 23, line 19, after 'court', insert 'or is the donee of an enduring power of attorney or is an appointee appointed by the Secretary of State for...
Amendment made: No. 111, in clause 43, page 23, line 30, at end insert— '( ) The court is to have an official seal.'.—[Mr. Lammy.] Clause 43, as amended, ordered to stand part of...
I beg to move amendment No. 60, in clause 44, page 24, line 16, at end insert 'and (c) ensure that at any time at least one of the judges nominated to the Court shall be experienced in matters...
Question proposed, That the clause stand part of the Bill.
I beg to move amendment No. 62, in clause 47, page 25, line 6, after 'other', insert 'independent'.
I beg to move amendment No. 237, in clause 48, page 25, line 40, at end insert— '(e) by a person named as an appointee for financial affairs by the Secretary of State where no continuing...
I beg to move amendment No. 152, in clause 52, page 28, line 2, at end add— '(d) exemption from fees where a deputy is appointed totally in relation to state benefits and such capital...
I beg to move amendment No. 235, in clause 56, page 29, line 18, leave out from 'maintaining' to end of line and insert— '(i) a register of lasting powers of attorney, and (ii) a...
Amendment made: No. 114, in clause 57, page 30, line 40, at end insert ', and (c) any record held by a person registered under Part 2 of the Care Standards Act 2000 (c.14)'.—[Mr....
I beg to move amendment No. 72, in schedule 3, page 43, line 7, leave out subsection 4.
I beg to move amendment No. 78, in schedule 4, page 52, line 5, leave out 'is or is becoming mentally incapable' and insert 'lacks mental capacity within the meaning of section 2 of this Act.'.
I beg to move amendment No. 67, in clause 63, page 33, line 9, leave out paragraph (b). This is the point at which some outrage might get through if we are not vigilant, although I am sure that...
I beg to move amendment No. 116, in schedule 6, page 68, line 43, leave out from 'from' to 'the' in line 44 and insert ' ''the powers'' to the end substitute ''the powers of'.
Amendments made: No. 126, in schedule 7, page 78, leave out lines 2 and 3. No. 127, in schedule 7, page 78, line 9, in the second column, after '1833,' insert— 'section 68 of the...
I beg to move amendment No. 69, in clause 64, page 33, line 21, leave out subsection (3). The purpose of the amendment was to probe the legislation's interaction not with foreign countries but...
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