Extent, commencement and short title

Part of Mental Capacity (Amendment) Bill [Lords] – in a Public Bill Committee at 2:15 pm on 22nd January 2019.

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Photo of Mark Pritchard Mark Pritchard Conservative, The Wrekin 2:15 pm, 22nd January 2019

With this it will be convenient to discuss the following:

Amendment 53, in clause 5, page 4, line 16, at end insert—

“(3A) Before the Secretary of State makes any regulations under subsection (3)(b) above, the Secretary of State must—

(a) publish a full implementation strategy, outlining how local authorities and other responsible bodies will be resourced to process applications under this Act; and

(b) publish an updated Impact Assessment on the impact of the provisions of this Act.”

This amendment ensures that the Government cannot enact the provisions of this Bill until such a date as it has published an updated impact assessment, and set out an implementation strategy for the new system.

Amendment 54, in clause 5, page 4, line 16, at end insert—

“(3A) The Secretary of State may not make any regulations under subsection (3)(b) above, unless—

(a) the Secretary of State has—

(i) consulted on the Code of Practice,

(ii) published a Code of Practice,

(iii) laid that Code of Practice before Parliament, and

(b) that Code of Practice has been approved by a resolution of each House of Parliament.”

This amendment ensures that the Government cannot enact the provisions of this Bill until such a date as it has published a new Code of Practice, which has been approved in a vote in each House of Parliament.