Mental Capacity (Amendment) Bill [HL] — Report (1st Day) — 21 Nov 2018 at 18:15
Moved by Lord O'Shaughnessy
1: Schedule 1, page 5, line 26, at end insert-“Part 8 contains transitory provision.”
Moved by Baroness Tyler of Enfield
2: Schedule 1, page 5, line 33, at end insert-“(1A) For the purpose of paragraph 2(1)(b), arrangements which give rise to the deprivation of the cared-for person’s liberty are those in which-(a) the cared-for person is subject to confinement in a particular place for a not negligible period of time; and(b) the cared-for person has not given valid consent to their confinement.(1B) For the purpose of paragraph 2(1A)(a), a cared-for person is subject to confinement where-(a) the cared-for person is prevented from removing himself or herself permanently in order to live where and with whom he or she chooses; and(b) the dominant reason for the deprivation of liberty is the continuous supervision and control of the cared-for person, and not treatment for their underlying condition.”
Moved by Baroness Meacher
3: Schedule 1, page 5, line 33, at end insert-“(1A) This Schedule does not apply to deprivation of liberty processes in a domestic setting, arrangements for which must be undertaken under the Care Act 2014.(1B) This Schedule does not apply to deprivation of liberty processes where a dominant reason for the deprivation of liberty is the treatment of an underlying condition covered by the Mental Health Act 2007, except in exceptional circumstances.”
Moved by Lord O'Shaughnessy
5: Schedule 1, page 6, line 2, leave out “18” and insert “16”
Moved by Lord O’Shaughnessy
6: Schedule 1, page 6, line 4, leave out “is of unsound mind” and insert “has a mental disorder”
Moved by Lord O'Shaughnessy
7: Schedule 1, page 6, line 42, after second “arrangements” insert “, in relation to a cared-for person aged 18 or over,”
Moved by Lord O'Shaughnessy
8: Schedule 1, page 6, leave out line 45 and insert “care home arrangements,”
Moved by Lord O'Shaughnessy
9: Schedule 1, page 7, leave out lines 4 to 6 and insert-“( ) in relation to Wales, the person who manages the care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), at the care home, by virtue of regulations made under section 28 of that Act;”
10: Schedule 1, page 7, line 7, at end insert-““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”
11: Schedule 1, page 7, line 7, at end insert-““English responsible body” has the meaning given by paragraph 10A;”
12: Schedule 1, page 7, line 13, at end insert-““mental disorder” has the meaning given by section 1(2) of the Mental Health Act;”
Moved by Lord O'Shaughnessy
14: Schedule 1, page 7, leave out lines 21 and 22
15: Schedule 1, page 7, line 22, at end insert-““Welsh responsible body” has the meaning given by paragraph 10B.”
Moved by Baroness Barker
16: Schedule 1, page 8, line 10, at end insert-“(aa) if the arrangements are carried out in an independent hospital, the designated NHS trust;”
Moved by Lord O'Shaughnessy
17: Schedule 1, page 9, leave out lines 9 to 11
18: Schedule 1, page 9, line 12, after “authority”” insert “, in relation to a cared-for person aged 18 or over,”
19: Schedule 1, page 9, line 12, at end insert-“(za) if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan;(zb) if there is an individual development plan for the cared-for person-(i) the local authority responsible for maintaining that plan, or(ii) if the plan is not maintained by a local authority, the local authority whose area the cared-for person is in;”
20: Schedule 1, page 9, line 13, after “if” insert “neither paragraph (za) nor paragraph (zb) applies and”
21: Schedule 1, page 9, line 32, at end insert-“(4A) In paragraph 6(c), “responsible local authority”, in relation to a cared-for person aged 16 or 17, means-(a) if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan;(b) if there is an individual development plan for the cared-for person-(i) the local authority responsible for maintaining that plan, or(ii) if the plan is not maintained by a local authority, the local authority whose area the cared-for person is in;(c) if neither paragraph (a) nor paragraph (b) applies and the cared-for person is being provided with accommodation-(i) under section 20 of the Children Act 1989, or(ii) under section 76 of the Social Services and Well-being (Wales) Act 2014 (anaw 4),the local authority providing that accommodation;(d) if none of paragraphs (a) to (c) applies and the cared-for person is subject to a care order under section 31 of the Children Act 1989 or an interim care order under section 38 of that Act, the local authority that is responsible under the order for the care of the cared-for person;(e) if none of paragraphs (a) to (d) applies, the local authority determined in accordance with sub-paragraph (5).”
22: Schedule 1, page 9, line 33, leave out “and (4)” and insert “, (4) and (4A)(e)”
23: Schedule 1, page 9, line 46, at end insert- “(7) In this paragraph-“Education, Health and Care plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014;“individual development plan” means a plan within the meaning of section 10 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2).”
24: Schedule 1, page 9, line 46, at end insert-“10A_ “English responsible body” means-(a) a hospital manager of a hospital in England;(b) a clinical commissioning group;(c) a local authority in England.10B_ “Welsh responsible body” means-(a) a hospital manager of a hospital in Wales;(b) a Local Heath Board;(c) a local authority in Wales.”
Moved by Lord O'Shaughnessy
26: Schedule 1, page 10, line 7, leave out “is of unsound mind” and insert “has a mental disorder”
Moved by Baroness Barker
27: Schedule 1, page 10, line 8, after “necessary” insert “to prevent harm to the cared-for person”
Ayes 202, Noes 188.
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