Page values for "Mental Capacity (Amendment) Bill 2017-19"
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_creationDate | Datetime | 2018-07-04 10:40:01 PM |
_modificationDate | Datetime | 2021-04-08 9:48:08 PM |
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_fullText | Searchtext | {{Legislation |Type=Other |Year=2019 |Subject=Bill |Summary="A Bill to amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent, and for connected purposes." This became the [[Mental ... |
_categories | List of String, delimiter: | | 39 Essex Chambers summary • All legislation • Bill • E89 • E90 • Pages using DynamicPageList3 parser function |
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Type | String | UK Public General Act · UK Statutory Instrument · Act of the Scottish Parliament · Scottish Statutory Instrument · Act of the National Assembly for Wales · Measure of the National Assembly for Wales · Wales Statutory Instrument · Act of the Northern Ireland Assembly · Northern Ireland Statutory Rules · Northern Ireland Orders in Council · Other | Other |
Year | Date | 2019 | |
Number | Integer | ||
In_force | Date | ||
Subject | List of String, delimiter: , | Bill | |
Summary | Wikitext | "A Bill to amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent, and for connected purposes." This became the Mental Capacity (Amendment) Act 2019. | |
Detail | Text | ==Essex== 39 Essex Chambers have kindly agreed for the following summary to be reproduced below. The remainder of the newsletter can be read here: [[Media:Essex newsletter 89.pdf]]. [[Text:E89-03| ]] <div class="perm"> ===Mental Capacity (Amendment) Bill update=== The Bill had its second day of Committee stage in the Lords on 15 October. Although no amendments were made, the Government has indicated an intention to make a number of changes. The Government announced that it will be bringing forward amendments to: #extend the scheme to 16 and 17 year olds (which will no doubt be of interest to the Supreme Court as it considers its judgment in the Re D case heard at the start of October); #replace the term "unsound mind;” #confirm that consultation must take place with the person, and wishes and feelings must be considered; #introduce a statutory definition of deprivation of liberty. The Government confirmed that the LPS would cover situations where deprivation of liberty is justified on the basis of risk of harm to others, exclude care home managers from undertaking pre-authorisation reviews, and use the code to ensure that cases involving acquired brain injury, mental health treatment in private hospitals and harm to others are referred to an AMCP. Further details can be found [http://www.mentalcapacitylawandpolicy.org.uk/mental-capacity-amendment-bill-highlights-from-day-2-of-lords-committee-stage/ here]. [[Category:E89]] </div> <br/> [[Category:39 Essex Chambers summary]] 39 Essex Chambers have kindly agreed for the following summary to be reproduced below. The remainder of the newsletter can be read here: [[Media:Essex newsletter 90.pdf]]. [[Text:E90-03| ]] <div class="perm"> === Mental Capacity (Amendment) Bill Report stage === Ahead of the Report stage of the Bill on 21 November, the Government has proposed a series of amendments. They are available [https://publications.parliament.uk/pa/bills/lbill/2017-2019/0117/18117-R(g).pdf here], although are somewhat impenetrable in their published form. Helpfully, Tim Spencer-Lane has summarised the effect of the key ones as follows: #Extending the Liberty Protection Safeguards to 16 and 17 year olds; #Replacing the term “unsound mind” with “mental disorder;” #Explicitly stating that the cared-for person must be consulted with; #Explicitly stating that the cared-for person’s wishes and feelings must be considered as part of the necessary & proportionate assessment; #Requiring responsible bodies to decide if care home managers should arrange the assessments and statement or if the responsible body takes on these functions; #Requiring that assessments cannot be carried out by someone with a financial conflict of interest; #Confirmation that the responsible body arranges the pre-authorisation review; #A duty to appoint an IMCA if a person doesn’t have an ‘appropriate person’ representing them, unless it is in the person’s best interests not to have an IMCA; #Removing the requirement that a care home manager must notify the responsible body whether or not an IMCA should be appointed; #Requiring that medical and capacity assessments must be completed by those with appropriate experience and knowledge. One obvious omission from the list is the statutory definition of deprivation of liberty that Lord O’Shaughnessy indicated on the [http://www.mentalcapacitylawandpolicy.org.uk/mental-capacity-amendment-bill-highlights-from-day-2-of-lords-committee-stage/ second day] of Committee stage the Government would attempt. Further briefing documents have been published by, amongst others, the [https://www.lawsociety.org.uk/policy-campaigns/public-affairs/parliamentary-briefing/mental-capacity-amendment-bill-hol-report-stage/ Law Society]; updates on the Bill’s progress can also be found on Alex’s [http://www.mentalcapacitylawandpolicy.org.uk/ website]. [[Category:E90]] </div> <br/> [[Category:39 Essex Chambers summary]] | |
External_links | Text | ==External links== * [https://services.parliament.uk/Bills/2017-19/mentalcapacityamendment.html Parliament website: Mental Capacity (Amendment) Bill '"`UNIQ--nowiki-0000127F-QINU`"' 2017-19: Progress of the Bill] *[[Alex Ruck Keene, 'Mental Capacity (Amendment) Bill published - headlines' (Mental Capacity Law and Policy, 4/7/18)]] — '"`UNIQ--item-4739--QINU`"' *[[Ben Troke, 'The death of DoLS - the "Liberty Protection Safeguards" are before Parliament now' (Browne Jacobson, 4/7/18)]] — '"`UNIQ--item-4741--QINU`"' *[[Law Society, 'Parliamentary brief: Mental Capacity (Amendment) Bill 2018: HL committee stage' (3/9/18)]] — '"`UNIQ--item-4745--QINU`"' *[[39 Essex Chambers, 'Special Report: Mental Capacity (Amendment) Bill' (3/9/18)]] — '"`UNIQ--item-4749--QINU`"' *[[Luke Haynes and Mithran Samuel, 'Government issues deprivation of liberty definition in bid to provide clarity to practitioners' (Community Care, 11/1/19)]] — '"`UNIQ--item-4753--QINU`"' *'"`UNIQ--item-4754--QINU`"'[[DHSC, 'Equality Analysis: Liberty Protection Safeguards – Mental Capacity (Amendment) Bill' (17/12/18)]] — '"`UNIQ--item-4755--QINU`"' *'"`UNIQ--item-4756--QINU`"'[[Law Society, 'Parliamentary briefing: Mental Capacity (Amendment) Bill: House of Commons second reading' (18/12/18)]] — '"`UNIQ--item-4757--QINU`"' |