Mental Capacity (Amendment) Bill [HL] — Commons Amendments — 26 Feb 2019 at 17:00

Moved by Baroness Blackwood of North Oxford

2: Clause 5, page 4, line 25, leave out subsection (9)

Moved by Baroness Blackwood of North Oxford

3: Schedule 1, page 5, line 19, leave out “if a person objects to arrangements” and insert “in certain cases”

Moved by Baroness Blackwood of North Oxford

4: Schedule 1, page 7, line 6, leave out from “Wales,” to end of line 10 and insert “the person registered, or required to be registered, under Chapter 2 of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) in respect of the provision of a care home service, in the care home;”

Moved by Baroness Blackwood of North Oxford

5: Schedule 1, page 7, line 13, at end insert-““Education, Health and Care plan” means a plan within the meaning of section 37(2) of the Children and Families Act 2014;”

6: Schedule 1, page 7, leave out line 16

7: Schedule 1, page 7, line 17, at end insert-““independent hospital” has the meaning given by paragraph 5;”

8: Schedule 1, page 7, line 27, at end insert-““NHS hospital” has the meaning given by paragraph 5;”

9: Schedule 1, page 7, line 46, leave out “Hospital” and insert “NHS hospital and independent hospital”

10: Schedule 1, page 7, leave out line 47

11: Schedule 1, page 8, line 15, after “6” insert “(1)”

12: Schedule 1, page 8, line 16, leave out “a” and insert “an NHS”

13: Schedule 1, page 8, line 17, at end insert-“(aa) if the arrangements are carried out mainly in an independent hospital in England, the responsible local authority determined in accordance with paragraph 8A;(ab) if the arrangements are carried out mainly in an independent hospital in Wales, the Local Health Board for the area in which the hospital is situated;”

14: Schedule 1, page 8, line 18, leave out “paragraph (a) does not apply” and insert “none of the paragraphs (a) to (ab) applies”

15: Schedule 1, page 8, line 19, leave out from “mainly” to “that” in line 21 and insert “through- (i) the provision of NHS continuing healthcare under arrangements made by a clinical commissioning group,or(ii) in Wales, the provision of an equivalent to NHS continuing healthcare under arrangements made by a Local Health Board,”

16: Schedule 1, page 8, line 23, leave out “neither paragraph (a) nor paragraph (b)” and insert “none of paragraphs (a) to (b)”

17: Schedule 1, page 8, line 24, leave out “(see paragraph 9)” and insert “determined in accordance with paragraph 9”

18: Schedule 1, page 8, line 24, at end insert- “(2) If an independent hospital is situated in the areas of two or more Local Health Boards, it is to be regarded for the purposes of sub-paragraph (1)(ab) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated.”

19: Schedule 1, page 8, line 25, after “manager”” insert “, in relation to an NHS hospital,”

20: Schedule 1, page 8, line 41, at end insert-“(ca) if the hospital is vested in a Local Health Board, that Board.”

21: Schedule 1, page 8, line 42, leave out from beginning to end of line 10 on page 9

22: Schedule 1, page 9, line 18, at end insert- “8A (1) In paragraph 6(1)(aa), “responsible local authority”, in relation to a cared-for person aged 18 or over, 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 paragraph (a) does not apply and the cared-for person has needs for care and support which are being met under Part 1 of the Care Act 2014, the local authority meeting those needs;(c) in any other case, the local authority determined in accordance with sub-paragraph (4). (2) If more than one local authority is meeting the needs of a cared-for person for care and support under Part 1 of the Care Act 2014 the responsible local authority is the local authority for the area in which the cared-for person is ordinarily resident for the purposes of that Part of that Act. (3) In paragraph 6(1)(aa), “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 paragraph (a) does not apply and the cared-for person is being provided with accommodation under section 20 of the Children Act 1989, the local authority providing that accommodation;(c) if neither paragraph (a) nor paragraph (b) 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, and a local authority in England is responsible under the order for the care of the cared-for person, that local authority;(d) if none of paragraphs (a) to (c) applies, the local authority determined in accordance with sub-paragraph (4). (4) In the cases mentioned in sub-paragraphs (1)(c) and (3)(d), the “responsible local authority” is the local authority for the area in which the independent hospital mentioned in paragraph 6(1)(aa) is situated. (5) If an independent hospital is situated in the areas of two or more local authorities, it is to be regarded for the purposes of sub-paragraph (4) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated.”

23: Schedule 1, page 10, leave out lines 43 to 45

Moved by Baroness Blackwood of North Oxford

24: Schedule 1, page 11, line 18, at end insert- “12A(1) The following must publish information about authorisation of arrangements under this Schedule-(a) the hospital manager of each NHS hospital; (b) each clinical commissioning group;(c) each Local Health Board;(d) each local authority. (2) The information must include information on the following matters in particular-(a) the effect of an authorisation;(b) the process for authorising arrangements, including making or carrying out-(i) assessments and determinations required under paragraphs 18 and 19;(ii) consultation under paragraph 20;(iii) a pre-authorisation review (see paragraphs 21 to 23);(c) the circumstances in which an independent mental capacity advocate should be appointed under paragraph 39 or 40; (d) the role of a person within paragraph 39(5) (an “appropriate person”) in relation to a cared-for person and the effect of there being an appropriate person;(e) the circumstances in which a pre-authorisation review is to be carried out by an Approved Mental Capacity Professional under paragraph 21;(f) the right to make an application to the court to exercise its jurisdiction under section 21ZA;(g) reviews under paragraph 35, including- (i) when a review will be carried out; (ii) the rights to request a review;(iii) the circumstances in which a referral may or will be made to an Approved Mental Capacity Professional. (3) The information must be accessible to, and appropriate to the needs of, cared-for persons and appropriate persons. 12B (1) Where arrangements are proposed, the responsible body must as soon as practicable take such steps as are practicable to ensure that-(a) the cared-for person, and(b) any appropriate person in relation to the cared-for person, understands the matters mentioned in sub-paragraph (3). (2) If, subsequently, at any time while the arrangements are being proposed the responsible body becomes satisfied under paragraph 39(5) that a person is an appropriate person in relation to the cared-for person, the responsible body must, as soon as practicable, take such steps as are practicable to ensure that the appropriate person understands the matters mentioned in sub-paragraph (3). (3) Those matters are-(a) the nature of the arrangements, and(b) the matters mentioned in paragraph 12A(2) as they apply in relation to the cared-for person’s case.(4) If it is not appropriate to take steps to ensure that the cared-for person or any appropriate person understands a particular matter then, to that extent, the duties in sub-paragraphs (1) and (2) do not apply. (5) In this paragraph “appropriate person”, in relation to a cared-for person, means a person within paragraph 39(5).”

Moved by Baroness Blackwood of North Oxford

25: Schedule 1, page 11, line 19, leave out from beginning to end of line 7 on page 12 and insert- “13 (1) As soon as practicable after authorising arrangements, the responsible body must ensure that a copy of the authorisation record is given to-(a) the cared-for person,(b) any independent mental capacity advocate appointed under paragraph 39 to represent and support the cared-for person,(c) any person within paragraph 39(5) in respect of the cared-for person (the “appropriate person”), and(d) any independent mental capacity advocate appointed under paragraph 40 to support the appropriate person. (2) As soon as practicable after authorising arrangements, the responsible body must take such steps as are practicable and appropriate, having regard to the steps taken under paragraph 12B and the length of time since they were taken, to ensure that the cared-for person and any appropriate person understands the matters mentioned in paragraph 12A(2)(a), (c), (d), (f), and (g) as they apply in relation to the cared-for person’s case.”

Moved by Baroness Watkins of Tavistock

25A: Line 10, at end insert-“(1A) A record of any decision and justification for not immediately giving a copy of the authorisation record under sub-paragraph (1) must be kept.(1B) If a copy of the authorisation record has not been given to those specified in sub-paragraph (1) within 72 hours, there must be a review of whether the lack of information was appropriate.”

Ayes 229, Noes 215.

Debate in Parliament |

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Party Summary

Votes by party, red entries are votes against the majority for that party.

What is Tell? '+1 tell' means that in addition one member of that party was a teller for that division lobby.

What is Turnout? This is measured against the total membership of the party at the time of the vote.

PartyMajority (Content)Minority (Not-Content)Turnout
Con0 183 (+2 tell)65.1%
Crossbench27 (+1 tell) 2024.7%
DUP0 480.0%
Green1 0100.0%
Independent Liberal Democrat1 0100.0%
Independent Ulster Unionist0 1100.0%
Judge0 16.7%
Lab116 (+1 tell) 052.7%
LDem75 170.4%
Non-affiliated6 122.6%
PC1 050.0%
UUP0 2100.0%
Total:227 21351.3%

Rebel Voters - sorted by party

Lords for which their vote in this division differed from the majority vote of their party. You can see all votes in this division, or every eligible lord who could have voted in this division

Sort by: Name | Party | Vote

NamePartyVote
Lord Armstrong of IlminsterCrossbench (front bench)no
Lord Bew Crossbenchno
Lord Boyce Crossbenchno
Lord Broers Crossbenchno
Lord Butler of BrockwellCrossbench (front bench)no
Lord Carrington Crossbenchno
Viscount Craigavon Crossbenchno
Lord Dannatt Crossbench (front bench)no
Lord Dear Crossbench (front bench)no
Lord Eames Crossbench (front bench)no
The Earl of ErrollCrossbenchno
Baroness Flather Crossbenchno
Lord Greenway Crossbenchno
Lord Hogan-Howe Crossbench (front bench)no
Lord Kakkar Crossbench (front bench)no
Lord Mawson Crossbench (front bench)no
Baroness Meacher Crossbench (front bench)no
Baroness O'Neill of BengarveCrossbench (front bench)no
Lord Rowe-Beddoe Crossbench (front bench)no
Viscount Waverley Crossbenchno
Lord Loomba LDemno
Lord Tyrie Non-affiliatedno

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