Amendment text
at end insert—
After section 4A, insert—
After section 4A, insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Proposed amendments
303 amendments across 6 provisions
Clause 1 1
Tabled againstAs introduced· Clause 1
Clause 2 11
Amendment text
Baroness Thornton gives notice of her intention to oppose the Question that Clause 2 stand part of the Bill.
Amendment text
at end insert—
Condition 1A is that the person authorising or effecting the steps which deprive P of liberty is satisfied that doing so will benefit P and that life-sustaining treatment or doing any vital act cannot reasonably be achieved without taking those steps.”
Condition 1A is that the person authorising or effecting the steps which deprive P of liberty is satisfied that doing so will benefit P and that life-sustaining treatment or doing any vital act cannot reasonably be achieved without taking those steps.”
Amendment text
after “manager” insert “or the person responsible for the care plan”
Amendment text
at end insert—
An authorisation under this section shall be valid for the period of seven days and may be eligible for renewal at the end of this and every subsequent seven day period up to a maximum period of 28 days beginning with the date of the first authorisation.”
An authorisation under this section shall be valid for the period of seven days and may be eligible for renewal at the end of this and every subsequent seven day period up to a maximum period of 28 days beginning with the date of the first authorisation.”
Amendment text
Insert the following new Clause—
“Restriction on power of attorneys and deputies
“Restriction on power of attorneys and deputies
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Lasting powers of attorney: identity documentation
“Lasting powers of attorney: identity documentation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
at end insert “or”
Amendment text
leave out “which would” and insert “that”
Amendment text
leave out from “liberty” to end of line 36
Amendment text
leave out “or (c)”
Amendment text
leave out “or (c)”
Clause 3 18
Amendment text
Baroness Thornton gives notice of her intention to oppose the Question that Clause 3 stand part of the Bill.
Amendment text
at end insert—
Presumption of P giving evidence
Presumption of P giving evidence
Amendment text
Insert the following new Clause—
“Advance consent to certain arrangements
“Advance consent to certain arrangements
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Unlawful deprivation of liberty
“Unlawful deprivation of liberty
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Requirements before commencement
“Requirements before commencement
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Review
“Review
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Requirements before commencement
“Requirements before commencement
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Duties of the Care Quality Commission
“Duties of the Care Quality Commission
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Non-application to individuals in domestic settings
“Non-application to individuals in domestic settings
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Power to call for reports
“Power to call for reports
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Provision in the event of the holder of lasting power of attorney being unable to fulfil their functions under this Act
“Provision in the event of the holder of lasting power of attorney being unable to fulfil their functions under this Act
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Requirements before commencement: guidance for responsible bodies
“Requirements before commencement: guidance for responsible bodies
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Revocation of donee’s appointment by donor
“Revocation of donee’s appointment by donor
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Requirement before commencement: consultation
“Requirement before commencement: consultation
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Requirement before commencement: outstanding applications
“Requirement before commencement: outstanding applications
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Requirements before commencement
“Requirements before commencement
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Code of practice
“Code of practice
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Requirements before commencement: consultation etc
“Requirements before commencement: consultation etc
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 4 6
Amendment text
leave out subsections (4) and (5) and insert—
Regulations under this Act may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.
Regulations under this Act may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament.
Amendment text
Insert the following new Clause—
“Compatibility with European Convention on Human Rights
“Compatibility with European Convention on Human Rights
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Training for care home managers
“Training for care home managers
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Training strategy
“Training strategy
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Report to Parliament
“Report to Parliament
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Insert the following new Clause—
“Transitional provision
“Transitional provision
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Clause 5 8
Amendment text
after the first “section,” insert “section (Requirements before commencement)”
Amendment text
at end insert—
“provided that the requirements under section (Requirements before commencement)(2) of this Act have been met.”
“provided that the requirements under section (Requirements before commencement)(2) of this Act have been met.”
Amendment text
after first “section,” insert “section (Requirements before commencement),”
Amendment text
after first “section,” insert “section (Code of practice),”
Amendment text
after first “section,” insert “section (Requirement before commencement: consultation),”
Amendment text
after first “section,” insert “section (Requirement before commencement: outstanding applications),”
Amendment text
after first “section,” insert “section (Requirements before commencement: consultation etc),”
Amendment text
leave out “made by statutory instrument”
Schedule 1 259
Amendment text
at end insert—
In determining whether either of paragraph (a) or (b) of sub-paragraph (2) applies, the responsible body must consider the views of any relevant person about the wishes of the cared-for person that are brought to the responsible body’s attention.
In determining whether either of paragraph (a) or (b) of sub-paragraph (2) applies, the responsible body must consider the views of any relevant person about the wishes of the cared-for person that are brought to the responsible body’s attention.
Amendment text
at end insert—
“Part 8 contains transitory provision.”
“Part 8 contains transitory provision.”
Amendment text
leave out “18” and insert “16”
Amendment text
at end insert—
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—
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—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out “is of unsound mind” and insert “has any disorder or disability of the mind”
Amendment text
at end insert—
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.
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.
Amendment text
at end insert “, and
if living in a care home or supported accommodation, meets any one of the following conditions—
if living in a care home or supported accommodation, meets any one of the following conditions—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
For the purpose of paragraph 2(1)(b), a cared-for person is deprived of their liberty only if—
For the purpose of paragraph 2(1)(b), a cared-for person is deprived of their liberty only if—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
Arrangements that give rise to a deprivation of the cared-for person’s liberty occur when a responsible authority—
Arrangements that give rise to a deprivation of the cared-for person’s liberty occur when a responsible authority—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out “18” and insert “16”
Amendment text
leave out “18” and insert “16”
Amendment text
leave out “is of unsound mind” and insert “has a mental disorder”
Amendment text
leave out “and” and insert—
the arrangements are in the best interests of the cared-for person, and”
the arrangements are in the best interests of the cared-for person, and”
Amendment text
after second “arrangements” insert “, in relation to a cared-for person aged 18 or over,”
Amendment text
after “necessary” insert “to avoid serious risk to the cared-for person”
Amendment text
leave out line 45 and insert “care home arrangements,”
Amendment text
at end insert “to safeguard the well-being, wishes and feelings of the cared-for person.”
Amendment text
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;”
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;”
Amendment text
at end insert “because no less intrusive arrangement is available”
Amendment text
at end insert—
““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”
““clinical commissioning group” means a body established under section 14D of the National Health Service Act 2006;”
Amendment text
leave out “, other than care home arrangements,”
Amendment text
at end insert—
““English responsible body” has the meaning given by paragraph 10A;”
““English responsible body” has the meaning given by paragraph 10A;”
Amendment text
at end insert—
the responsible body has taken all reasonable steps to involve the care home manager in the carrying out of assessments in relation to care home arrangements.”
the responsible body has taken all reasonable steps to involve the care home manager in the carrying out of assessments in relation to care home arrangements.”
Amendment text
at end insert—
““mental disorder” has the meaning given by section 1(2) of the Mental Health Act;”
““mental disorder” has the meaning given by section 1(2) of the Mental Health Act;”
Amendment text
leave out from line 33 to line 37 on page 11.
Amendment text
at end insert—
““nominated body” means the body designated by the responsible body to carry out the following responsibilities in relation to the authorisation of care home arrangements—
““nominated body” means the body designated by the responsible body to carry out the following responsibilities in relation to the authorisation of care home arrangements—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
the information provided by the care home appears to be consistent with either the assessments under paragraph 15 or the care and support plan held by the responsible body,”
the information provided by the care home appears to be consistent with either the assessments under paragraph 15 or the care and support plan held by the responsible body,”
Amendment text
after “manager” insert “or the person responsible for the care plan”
Amendment text
leave out from beginning of line 36 to end of line 8 on page 11
Amendment text
leave out lines 21 and 22
Amendment text
leave out “in accordance with paragraphs 18 to 20” and insert “by an Approved Mental Capacity Professional”
Amendment text
at end insert—
““Welsh responsible body” has the meaning given by paragraph 10B.”
““Welsh responsible body” has the meaning given by paragraph 10B.”
Amendment text
leave out lines 3 to 8 and insert—
under paragraph 19, the Approved Mental Capacity Professional has determined that the authorisation conditions are met.”
under paragraph 19, the Approved Mental Capacity Professional has determined that the authorisation conditions are met.”
Amendment text
leave out lines 9 and 10 and insert—
The responsible body may authorise care home arrangements if it has provided, or nominated another body to provide, a statement confirming—”
The responsible body may authorise care home arrangements if it has provided, or nominated another body to provide, a statement confirming—”
Amendment text
at end insert—
if the arrangements are carried out in an independent hospital, the designated NHS trust;”
if the arrangements are carried out in an independent hospital, the designated NHS trust;”
Amendment text
at end insert—
if the arrangements are for the cared-for person to be accommodated in an independent hospital for the purpose of assessment or treatment for mental disorder, and the care is commissioned by a clinical commissioning group or Local Health Board, that clinical commissioning group or Local Health Board;”
if the arrangements are for the cared-for person to be accommodated in an independent hospital for the purpose of assessment or treatment for mental disorder, and the care is commissioned by a clinical commissioning group or Local Health Board, that clinical commissioning group or Local Health Board;”
Amendment text
after second “a” insert “written”
Amendment text
after “manager” insert “or the person responsible for the care plan”
Amendment text
leave out “care home manager” and insert “responsible body”
Amendment text
leave out lines 9 to 11
Amendment text
leave out “18” and insert “16”
Amendment text
leave out lines 12 and 13 and insert—
that the liberty protection arrangements impose physical restrictions on the cared-for person,”
that the liberty protection arrangements impose physical restrictions on the cared-for person,”
Amendment text
after “authority”” insert “, in relation to a cared-for person aged 18 or over,”
Amendment text
at end insert—
that the cared-for person and persons involved in their care have been informed of the proposed arrangement and any possible alternatives,”
that the cared-for person and persons involved in their care have been informed of the proposed arrangement and any possible alternatives,”
Amendment text
after “manager” insert “or the person responsible for the care plan”
Amendment text
after “manager” insert “or the person responsible for the care plan”
Amendment text
leave out “care home manager has carried out consultation” and insert “appropriate consultation has been carried out”
Amendment text
at beginning insert “the person providing the statement”
Amendment text
leave out “is satisfied that”
Amendment text
leave out from “that” to “paragraph” in line 23
Amendment text
at end insert—
if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan;
if there is an Education, Health and Care plan for the cared-for person, the local authority responsible for maintaining that plan;
Amendment text
at end insert—
The responsible body may not authorise arrangements which provide for the cared-for person to reside in, or to receive care or treatment at, a particular place if there is a valid decision of—
The responsible body may not authorise arrangements which provide for the cared-for person to reside in, or to receive care or treatment at, a particular place if there is a valid decision of—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
after “if” insert “neither paragraph (za) nor paragraph (zb) applies and”
Amendment text
after first “person,” insert “based on evidence,”
Amendment text
at end insert “this determination is in accordance with section 2 of this Act and”
Amendment text
at end insert—
In paragraph 6(c), “responsible local authority”, in relation to a cared-for person aged 16 or 17, means—
In paragraph 6(c), “responsible local authority”, in relation to a cared-for person aged 16 or 17, means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out lines 43 and 44 and insert—
a determination made on an assessment by a registered medical practitioner in respect of the cared-for person, that the person is of unsound mind.”
a determination made on an assessment by a registered medical practitioner in respect of the cared-for person, that the person is of unsound mind.”
Amendment text
leave out “and (4)” and insert “, (4) and (4A)(e)”
Amendment text
at end insert—
a determination made on an assessment that steps to establish supported decision making are not practicable.
a determination made on an assessment that steps to establish supported decision making are not practicable.
Amendment text
at end insert—
In this paragraph—
In this paragraph—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
The assessment must include—
The assessment must include—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out lines 47 and 48
Amendment text
leave out “, in any other case”
Amendment text
leave out “care home manager or”
Amendment text
at end insert—
“English responsible body” means—
“English responsible body” means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
after “condition” insert “or circumstances”
Amendment text
leave out “is of unsound” and insert “has any disorder or disability of the”
Amendment text
at end insert—
If the arrangements are care home arrangements, the assessment must be carried out by an individual who has attended and passed the accredited training authorised by the local authority under section (Training for care home managers).”
If the arrangements are care home arrangements, the assessment must be carried out by an individual who has attended and passed the accredited training authorised by the local authority under section (Training for care home managers).”
Amendment text
leave out “is of unsound mind” and insert “has a mental disorder”
Amendment text
at end insert “and in the cared-for person’s best interests.”
Amendment text
at end insert—
The conditions when a restriction on the cared-for person’s liberty can be authorised are when the cared-for person is subject to restrictions of a degree and intensity that—
The conditions when a restriction on the cared-for person’s liberty can be authorised are when the cared-for person is subject to restrictions of a degree and intensity that—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
after “necessary” insert “to prevent harm to the cared-for person”
Amendment text
at end insert “and in the cared-for person’s best interests in accordance with an assessment made under section 4.”
Amendment text
at end insert “, and
protect the liberty of the cared-for person, and
protect the liberty of the cared-for person, and
Amendment text
at end insert “in relation to the likelihood and seriousness of harm to the cared-for person”
Amendment text
at end insert—
In determining that the arrangements are necessary and proportionate the person making the determination must take into account the views of those consulted under paragraph 17(2) placing particular weight on the wishes and feelings of the cared-for person.”
In determining that the arrangements are necessary and proportionate the person making the determination must take into account the views of those consulted under paragraph 17(2) placing particular weight on the wishes and feelings of the cared-for person.”
Amendment text
at end insert—
“Rights to information
“Rights to information
Amendment text
at end insert—
The determination must be made with regard to the availability of less restrictive alternatives to the arrangements, including other places of residence or care arrangements, and any alternatives preferred by the cared-for person.”
The determination must be made with regard to the availability of less restrictive alternatives to the arrangements, including other places of residence or care arrangements, and any alternatives preferred by the cared-for person.”
Amendment text
leave out lines 13 to 18 and insert—
The determination must be made by a registered professional who has responsibility for the care plan and has appropriate experience and knowledge to lead the care planning process for the cared-for person.”
The determination must be made by a registered professional who has responsibility for the care plan and has appropriate experience and knowledge to lead the care planning process for the cared-for person.”
Amendment text
leave out lines 14 and 15
Amendment text
leave out “in any other case,”
Amendment text
leave out lines 14 to 16 and insert “to the responsible body”
Amendment text
at end insert—
The responsible body may authorise arrangements—
The responsible body may authorise arrangements—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
Where any interested party objects to the determination that arrangements are necessary and proportionate, an Approved Mental Capacity Professional (AMCP) must be engaged and the AMCP may, where they deem it necessary, refer disputes to the court.”
Where any interested party objects to the determination that arrangements are necessary and proportionate, an Approved Mental Capacity Professional (AMCP) must be engaged and the AMCP may, where they deem it necessary, refer disputes to the court.”
Amendment text
leave out lines 10 and 11 and insert “The conditions in this paragraph are that—”
Amendment text
leave out “Consultation” and insert “Duty to ascertain wishes and feelings of the cared-for person
The main purpose of the consultation required under this paragraph is to try to ascertain the cared-for person’s wishes or feelings in relation to the arrangements and the likely impact of the arrangements on the cared-for person’s wellbeing.”
The main purpose of the consultation required under this paragraph is to try to ascertain the cared-for person’s wishes or feelings in relation to the arrangements and the likely impact of the arrangements on the cared-for person’s wellbeing.”
Amendment text
at end insert “by the professional responsible for the care plan, who must supply evidence from the consultation”
Amendment text
leave out “by” and insert “to”
Amendment text
leave out “by” and insert “to”
Amendment text
leave out lines 21 and 22
Amendment text
leave out “otherwise,”
Amendment text
leave out lines 21 to 23 and insert “by the responsible body or a body nominated by the responsible body to carry out the consultation on its behalf”
Amendment text
leave out “, other than care home arrangements,”
Amendment text
at end insert—
the cared-for person,”
the cared-for person,”
Amendment text
leave out lines 14 to 16
Amendment text
leave out lines 36 to 38
Amendment text
after “review” insert “, arranged by the responsible body,”
Amendment text
at end insert—
In addition, the consultation required by sub-paragraph (2) must seek views on whether any less restrictive alternatives could be made available.”
In addition, the consultation required by sub-paragraph (2) must seek views on whether any less restrictive alternatives could be made available.”
Amendment text
at end insert—
The responsible body may not authorise arrangements if an Approved Mental Capacity Professional has concluded that the arrangements should not be authorised.”
The responsible body may not authorise arrangements if an Approved Mental Capacity Professional has concluded that the arrangements should not be authorised.”
Amendment text
leave out lines 39 to 41 and insert—
The person conducting the consultation must make a written record a copy of which must be supplied to persons identified under paragraph 17(2) of this Schedule.
The person conducting the consultation must make a written record a copy of which must be supplied to persons identified under paragraph 17(2) of this Schedule.
Amendment text
leave out lines 2 to 5
Amendment text
leave out line 33 and insert “The conditions in this paragraph are that—”
Amendment text
after “not” insert “employed by an organisation”
Amendment text
at end insert—
in managing the care home in which the cared-for person is resident.”
in managing the care home in which the cared-for person is resident.”
Amendment text
leave out from beginning of line 33 to end of line 18 on page 12 and insert—
When the responsible body wishes to consider authorising arrangements, wherever a cared-for person is cared for, the manager of the place of care is responsible for ensuring that—
When the responsible body wishes to consider authorising arrangements, wherever a cared-for person is cared for, the manager of the place of care is responsible for ensuring that—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
after “person” insert “or those interested in their welfare”
Amendment text
after “has” insert “coordinated the provision of information from independently conducted assessments in respect of paragraphs 15 and 16 and”
Amendment text
after “wish” insert “for them”
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
after “person” insert “or those interested in their welfare”
Amendment text
after “review” insert “, arranged by the responsible body,”
Amendment text
after “wish” insert “for them”
Amendment text
after second “statement” insert “in writing”
Amendment text
at end insert—
a person interested in the welfare of the cared-for person or involved in caring for that person has expressed concerns about the arrangements, or
a person interested in the welfare of the cared-for person or involved in caring for that person has expressed concerns about the arrangements, or
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
at end insert—
the responsible body receives a reasonable request for a review by an Approved Mental Capacity Professional from the cared-for person or anyone engaged in caring for them or interested in their welfare, or
the responsible body receives a reasonable request for a review by an Approved Mental Capacity Professional from the cared-for person or anyone engaged in caring for them or interested in their welfare, or
Amendment text
at end insert “and”
Amendment text
at end insert—
there is reason to believe that it would be appropriate for the assessment to be carried out by an Approved Mental Capacity Professional.”
there is reason to believe that it would be appropriate for the assessment to be carried out by an Approved Mental Capacity Professional.”
Amendment text
at end insert “or,
the cared-for person is in an independent hospital and receiving mental health assessment or treatment.”
the cared-for person is in an independent hospital and receiving mental health assessment or treatment.”
Amendment text
at end insert—
the arrangements are or include arrangements for the cared-for person to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder.”
the arrangements are or include arrangements for the cared-for person to be accommodated in a hospital for the purpose of being given medical treatment for mental disorder.”
Amendment text
leave out lines 19 to 21
Amendment text
at end insert—
consider whether an application should be made to the Court of Protection, having regard to the rights of the cared-for person under Article 5 and Article 8 of the European Convention on Human Rights.”
consider whether an application should be made to the Court of Protection, having regard to the rights of the cared-for person under Article 5 and Article 8 of the European Convention on Human Rights.”
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
leave out from “person” to second “and” in line 26 and insert “unless it is agreed with people authorised under paragraph 17(2) of this Schedule that it is neither necessary nor appropriate to do so”
Amendment text
after “manager” insert “or any person interested in the cared-for person’s welfare”
Amendment text
at end insert—
consider whether the view of the Court of Protection should be sought.”
consider whether the view of the Court of Protection should be sought.”
Amendment text
leave out “paragraph 15” and insert “paragraphs 15 and 16”
Amendment text
at end insert—
consider whether a referral to the court is required.”
consider whether a referral to the court is required.”
Amendment text
after “prepared” insert “by the nominated body”
Amendment text
at end insert—
meet with the cared-for person, and”
meet with the cared-for person, and”
Amendment text
at end insert—
the person’s care and support plan, and
the person’s care and support plan, and
Amendment text
at end insert—
consider whether it is necessary to verify the information independently by meeting the cared-for person, and”
consider whether it is necessary to verify the information independently by meeting the cared-for person, and”
Amendment text
at end insert—
“Clinical ethics committees
“Clinical ethics committees
Amendment text
at end insert—
any arrangements that are not authorised or are authorised subject to conditions,”
any arrangements that are not authorised or are authorised subject to conditions,”
Amendment text
at end insert—
be qualified as a medical practitioner, nurse, social worker, speech therapist, occupational therapist or other profession as may be specified in regulations.”
be qualified as a medical practitioner, nurse, social worker, speech therapist, occupational therapist or other profession as may be specified in regulations.”
Amendment text
leave out “is of unsound” and insert “has any disorder or disability of the”
Amendment text
at end insert—
The responsible body must ensure that the cared-for person, any appropriate person, and any Independent Mental Capacity Advocate supporting and representing them, are given copies of the authorisation record as soon as possible after authorisation is granted.”
The responsible body must ensure that the cared-for person, any appropriate person, and any Independent Mental Capacity Advocate supporting and representing them, are given copies of the authorisation record as soon as possible after authorisation is granted.”
Amendment text
leave out “is of unsound mind” and insert “has a mental disorder”
Amendment text
at end insert—
The responsible body must provide copies of the authorisation record to any persons consulted under paragraph 17 if they request a copy, unless there is a good reason not to do so.”
The responsible body must provide copies of the authorisation record to any persons consulted under paragraph 17 if they request a copy, unless there is a good reason not to do so.”
Amendment text
at end insert—
An assessment must be carried out by a person who appears to the relevant person to have appropriate experience and knowledge.
An assessment must be carried out by a person who appears to the relevant person to have appropriate experience and knowledge.
Amendment text
at end insert—
“Rights to information and appeal
“Rights to information and appeal
Amendment text
In subsection (1A), after “appropriate” insert “skills,”
Amendment text
at end insert—
“Duty to inform the cared-for person about the authorisation and their rights
“Duty to inform the cared-for person about the authorisation and their rights
Amendment text
leave out from “appears” to end of line 1 on page 12 and insert “to the relevant person”
Amendment text
leave out lines 17 to 32 and insert—
An authorisation ceases to have effect—
An authorisation ceases to have effect—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
leave out lines 30 to 32
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
after “arrangements” insert “and anyone authorised under paragraph 17(2) of this Schedule”
Amendment text
leave out “care home manager or responsible body” and insert “relevant person”
Amendment text
leave out lines 7 and 8
Amendment text
after “has” insert “wholly or in part”
Amendment text
at end insert “evidence and any other relevant”
Amendment text
leave out “care home manager” and insert “registered professional responsible for the care plan”
Amendment text
after “has” insert “verified that the registered professional responsible for the care plan has”
Amendment text
leave out lines 13 and 14 and insert—
the registered professional responsible for the care plan, reporting to the responsible body, or”
the registered professional responsible for the care plan, reporting to the responsible body, or”
Amendment text
leave out “, in any other case”
Amendment text
leave out “manager” and insert “registered professional responsible for the care plan”
Amendment text
leave out from “of” to end of line 14 and insert “12 months or less.”
Amendment text
at end insert—
In this paragraph “relevant person” means—
In this paragraph “relevant person” means—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
The care home manager must report to the responsible body any request for a review which is deemed unreasonable. An Approved Mental Capacity Professional must maintain a record of requests which have been refused.”
The care home manager must report to the responsible body any request for a review which is deemed unreasonable. An Approved Mental Capacity Professional must maintain a record of requests which have been refused.”
Amendment text
at end insert “made on an assessment”
Amendment text
at end insert—
that a named officer is responsible for the training, conduct and performance of Approved Mental Capacity Professionals.”
that a named officer is responsible for the training, conduct and performance of Approved Mental Capacity Professionals.”
Amendment text
after “necessary” insert “to prevent harm to the cared-for person”
Amendment text
at end insert—
for a named person to be in charge of training and revalidation of Approved Mental Capacity Professionals,
for a named person to be in charge of training and revalidation of Approved Mental Capacity Professionals,
Amendment text
at end insert “, which must include being a registered professional, with a minimum of three years clinical experience, in an area such as social work, nursing, speech and language therapy, occupational therapy or clinical psychology”
Amendment text
at end insert “and that the arrangements will continue to be necessary and proportionate for the period of time for which the arrangements are sought.”
Amendment text
at end insert—
prescribe the period of time within which an individual must be reapproved in order to continue to practise as an Approved Mental Capacity Professional.”
prescribe the period of time within which an individual must be reapproved in order to continue to practise as an Approved Mental Capacity Professional.”
Amendment text
after “proposing” insert “, arranging”
Amendment text
at end insert “in relation to the likelihood and seriousness of harm to the cared-for person”
Amendment text
leave out “the manager is of the opinion” and insert “there is reason to believe”
Amendment text
at end insert—
When making a determination under this paragraph regard must be had (amongst other matters) to the cared-for person’s wishes and feelings in relation to the arrangements.”
When making a determination under this paragraph regard must be had (amongst other matters) to the cared-for person’s wishes and feelings in relation to the arrangements.”
Amendment text
leave out “only”
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
at end insert “or a person concerned with the welfare of the cared-for person has requested independent support for the cared-for person”
Amendment text
after “arrangements” insert “and authorisation is being determined under paragraph 13”
Amendment text
at end insert “or if the responsible body has reason to believe that paragraphs 36 and 37 apply”
Amendment text
at end insert—
If the arrangements are care home arrangements and authorisation is being determined under paragraph 13, an assessment may not be carried out by a person who has a prescribed connection with a care home.
If the arrangements are care home arrangements and authorisation is being determined under paragraph 13, an assessment may not be carried out by a person who has a prescribed connection with a care home.
Amendment text
leave out “should” and insert “must”
Amendment text
at end insert—
In order to determine that the arrangements are necessary and proportionate, the responsible body may specify that the deprivation of liberty under the arrangements is subject to a condition or set of conditions.
In order to determine that the arrangements are necessary and proportionate, the responsible body may specify that the deprivation of liberty under the arrangements is subject to a condition or set of conditions.
Amendment text
leave out lines 2 and 3
Amendment text
leave out lines 20 to 24 and insert—
Consultation on the care plan to be provided in cases where the responsible body is considering authorising arrangements must involve—
Consultation on the care plan to be provided in cases where the responsible body is considering authorising arrangements must involve—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out lines 2 to 5 and insert “requests to be supported by an IMCA”
Amendment text
after second “arrangements” insert “and authorisation is being determined under paragraph 13”
Amendment text
leave out lines 6 to 11 and insert—
An IMCA must be appointed if the relevant person is satisfied that being represented and supported by an IMCA is necessary to support and enable the cared-for person to understand the authorisation and their rights, or to exercise rights of challenge.”
An IMCA must be appointed if the relevant person is satisfied that being represented and supported by an IMCA is necessary to support and enable the cared-for person to understand the authorisation and their rights, or to exercise rights of challenge.”
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
leave out lines 7 and 8
Amendment text
at end insert—
the cared-for person,”
the cared-for person,”
Amendment text
leave out “would be in the cared-for person’s best interests” and insert “is necessary to enable the person to understand the authorisation and their rights.”
Amendment text
leave out “or 13(d)”
Amendment text
leave out lines 24 to 26 and insert—
the cared-for person does not object to being represented and supported by that person, and”
the cared-for person does not object to being represented and supported by that person, and”
Amendment text
leave out from “must” to end of line 5 and insert “not be by—
a person who is involved—
a person who is involved—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out lines 27 to 31 and insert—
the person is both willing and able to help the cared-for person to understand their rights, involve them in decisions, and assist them in exercising rights of challenge if they wished to do so.”
the person is both willing and able to help the cared-for person to understand their rights, involve them in decisions, and assist them in exercising rights of challenge if they wished to do so.”
Amendment text
after “person” insert “who is a registered health or social care professional with the appropriate skills, knowledge and experience, and”
Amendment text
leave out lines 38 to 42
Amendment text
leave out lines 38 to 42 and insert—
An IMCA must be appointed if the appropriate person makes a request to the relevant person for an IMCA to be appointed.”
An IMCA must be appointed if the appropriate person makes a request to the relevant person for an IMCA to be appointed.”
Amendment text
at end insert “, or
there is dispute between the responsible body and the registered health or social care professional who has carried out the review under paragraph 20.”
there is dispute between the responsible body and the registered health or social care professional who has carried out the review under paragraph 20.”
Amendment text
at end insert “, or
a person involved in the care or treatment of the cared-for person, or interested in the cared-for person’s welfare, has informed the responsible body that there is reason to believe that the cared-for person does not wish to reside or receive care or treatment in the particular place.”
a person involved in the care or treatment of the cared-for person, or interested in the cared-for person’s welfare, has informed the responsible body that there is reason to believe that the cared-for person does not wish to reside or receive care or treatment in the particular place.”
Amendment text
leave out lines 43 to 48 and insert—
An IMCA must be appointed if the appropriate person would have substantial difficulty helping the cared-for person to understand their rights, involving them in decisions, and assisting them to exercise rights of challenge if they wished to do so, without the support of an IMCA.”
An IMCA must be appointed if the appropriate person would have substantial difficulty helping the cared-for person to understand their rights, involving them in decisions, and assisting them to exercise rights of challenge if they wished to do so, without the support of an IMCA.”
Amendment text
at end insert—
relatives of the cared-for person, or those with a genuine relationship with the cared-for person, object to the care or treatment arrangements, or
relatives of the cared-for person, or those with a genuine relationship with the cared-for person, object to the care or treatment arrangements, or
Amendment text
At end insert—
In this paragraph, “relevant rights” includes the right to make an application to the court and the right to request a review of the arrangements.
In this paragraph, “relevant rights” includes the right to make an application to the court and the right to request a review of the arrangements.
Amendment text
at end insert—
Regulations made by the appropriate authority under sub-paragraph (1)(b) may make provision about a connection of any kind (financial or otherwise).
Regulations made by the appropriate authority under sub-paragraph (1)(b) may make provision about a connection of any kind (financial or otherwise).
Amendment text
at end insert—
The appropriate authority may by regulations make provision for how an IMCA is to discharge the functions of representing or supporting a cared-for person, including challenging decisions and facilitating a cared-for person’s involvement in relevant decisions and representing and supporting the cared-for person or an appropriate person to exercise relevant rights.”
The appropriate authority may by regulations make provision for how an IMCA is to discharge the functions of representing or supporting a cared-for person, including challenging decisions and facilitating a cared-for person’s involvement in relevant decisions and representing and supporting the cared-for person or an appropriate person to exercise relevant rights.”
Amendment text
after first “any” insert “other”
Amendment text
at end insert—
The responsible body must keep under review whether the appropriate person is undertaking their functions.
The responsible body must keep under review whether the appropriate person is undertaking their functions.
Amendment text
leave out from “action,” to end of line 30 and insert “if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so.”
Amendment text
leave out “person” and insert “registered health or social care professional”
Amendment text
at end insert—
meet with the cared-for person,”
meet with the cared-for person,”
Amendment text
at end insert “intended to reduce the deprivation of liberty or its effect on the cared-for person”
Amendment text
leave out “or 14(2)(b)(iii)”
Amendment text
at end insert—
A copy of the authorisation record and of the care plan must be provided to—
A copy of the authorisation record and of the care plan must be provided to—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
The responsible body must—
The responsible body must—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
at end insert—
“Dispute
“Dispute
Amendment text
leave out from “ensure” to end of line 37 and insert “the cared-for person, any person appointed to represent the cared-for person and any person likely to be carrying out the arrangements are notified.”
Amendment text
at end insert—
there are practicable less restrictive options that would meet the authorisation conditions”
there are practicable less restrictive options that would meet the authorisation conditions”
Amendment text
at end insert—
The responsible body may renew an authorisation—
The responsible body may renew an authorisation—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
leave out lines 17 and 18 and insert “The conditions in this paragraph are that—”
Amendment text
leave out from beginning of line 17 to end of line 4 on page 16 and insert—
The responsible body may renew an authorisation if the responsible body has carried out consultation under paragraph 17 and the cared-for person, and others who are interested in the care of the cared-for person, are satisfied with the arrangements.”
The responsible body may renew an authorisation if the responsible body has carried out consultation under paragraph 17 and the cared-for person, and others who are interested in the care of the cared-for person, are satisfied with the arrangements.”
Amendment text
leave out lines 28 and 29 and insert “The conditions in this paragraph are that—”
Amendment text
after “statement” insert “made by the nominated body”
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
after second “statement” insert “in writing”
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
leave out from “means” to end of line 15 and insert “the responsible body unless, in relation to care home arrangements, the responsible body decides the care home manager should be the reviewer for the purposes of this paragraph.”
Amendment text
leave out lines 13 and 14
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
leave out “, in any other case”
Amendment text
after “interest” insert “in the welfare of the cared-for person, or”
Amendment text
at end insert—
if any person with an interest in the cared for person’s welfare has raised concern with the responsible body about the person’s care or treatment.”
if any person with an interest in the cared for person’s welfare has raised concern with the responsible body about the person’s care or treatment.”
Amendment text
at end insert “and”
Amendment text
leave out lines 1 and 2
Amendment text
leave out “manager” and insert “nominated body”
Amendment text
after “sub-paragraph” insert “3(g) or”
Amendment text
after first “any” insert “other”
Amendment text
leave out from “action,” to end of line 16 and insert “if it appears to the Approved Mental Capacity Professional to be appropriate and practicable to do so.”
Amendment text
leave out “Notification by Care Homes and”
Amendment text
leave out lines 14 to 24
Amendment text
leave out “proposing or”
Amendment text
leave out “manager” and insert “nominated body”
Amendment text
leave out from “arrangements” to end of line 33 and insert “are authorised or are being proposed.”
Amendment text
leave out lines 31 to 33
Amendment text
leave out lines 36 to 39
Amendment text
leave out lines 37 and 38
Amendment text
leave out “care home manager” and insert “nominated body”
Amendment text
leave out “, in any other case”
Amendment text
leave out “relevant person” and insert “responsible body”
Amendment text
leave out second “and” and insert “unless”
Amendment text
leave out “relevant person” and insert “responsible body”
Amendment text
after “would” insert “not”
Amendment text
at end insert “, or
the cared-for person has nobody apart from paid carers to be consulted as part of determining his or her best interests.”
the cared-for person has nobody apart from paid carers to be consulted as part of determining his or her best interests.”
Amendment text
leave out “relevant person” and insert “responsible body”
Amendment text
leave out “relevant person” and insert “responsible body”
Amendment text
leave out “relevant person” and insert “responsible body”
Amendment text
leave out “relevant person” and insert “responsible body”
Amendment text
leave out from “treatment”” to end of line 19 and insert “is to be read in accordance with paragraph 49;”
Amendment text
leave out lines 20 to 23
Amendment text
leave out lines 25 and 26 and insert—
“medical treatment” has the same meaning as in the Mental Health Act (see section 145(1) and (4)), but”
“medical treatment” has the same meaning as in the Mental Health Act (see section 145(1) and (4)), but”
Amendment text
at end insert—
“PART 8
“PART 8