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Session 2002-03
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Joint Committee on the Draft Mental Incapacity Bill Publications

Joint Committee on the Draft Mental Incapacity Bill - First Report

Here you can browse the report together with the Proceedings of the Committee. The published report was ordered by the House of Lords and the House of Commons to be printed 17 November 2003.


Terms of Reference


1 Chapter 1 Background to the Draft Bill:


2 Chapter 2: Conduct of the Inquiry

3 Chapter 3: Is the Bill necessary?

4 Chapter 4: Principles of the Bill

5 Chapter 5: Human Rights Considerations

Human Rights Act Compatibility

Article 2(1) provides:

Article 6(1) provides:

6 Chapter 6: (Clauses 1-3) Decision-making capacity

Clause 1: Decision-making capacity

7 Chapter 7: (Clause 4) Best interests

The concept of "best interests"

The definition and scope of best interests

Best 'personal' interests

Primacy of interests


Human rights

Consultation with others

Standard of conduct / Duty of care

Reasonable belief

8 Chapter 8: (Clauses 6-7) The General Authority

The rationale behind creating a 'general authority'

Concerns arising from drafting and terminology

Best interests

Reasonable belief

The scope of the general authority

The adequacy of safeguards

Further exclusions

Dispute resolution mechanisms

Use of force

9 Chapter 9: (Clauses 8-13) Lasting Powers of Attorney

10 Chapter 10: (Clauses 14-22) The Court of Protection and Court Appointed Deputies

11 Chapter 11: (Clauses 22-26) Advance Decisions to Refuse Treatment


12 Chapter 12: (Clause 27) Linkage with the Mental Health Act/Bill

Clause 27: Interface with mental health legislation

Mental Health Act 1983

The 'Bournewood gap'

13 Chapter 13: (Clause 30) Codes of Practice

Status of the Codes of Practice

Preparation and revision of the Codes of Practice

Content of the Codes of Practice

Best interests

Decision-makers acting under formal powers

Monitoring implementation of the Codes of Practice

14 Chapter 14: Protection against abuse and exploitation

Arrangements for dealing with abuse

The need for additional powers?

Switching the burden of proof

Criminal law provisions

15 Chapter 15: Medical Research

16 Chapter 16: Advocacy

The need for advocacy services

A right to advocacy?

The role and status of advocates

Standards and quality of advocacy services

17 Chapter 17: Resources

What will the Bill cost?

Cost of Possible Additions to the Bill

Will the resources be available to implement the Bill?

What will the benefits of the Bill be?


18 Chapter 18: Access to Information


19 Chapter 19: Jurisdiction


20 Chapter 20: Change of Title

Conclusions and recommendations

Annex: Press Notice issued on 17 July 2003

Formal minutes



Wednesday 10 September 2003

Tuesday 16 September 2003

Wednesday 17 September 2003

Wednesday 8 October 2003

Thursday 9 October 2003

Tuesday 14 October 2003

Wednesday 15 October 2003

Tuesday 21 October 2003

Wednesday 22 October 2003

List of written evidence

Written Evidence

List of unprinted written evidence

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Prepared 28 November 2003