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Amendments to the Patients' Protection Bill [HL]

Patients' Protection Bill [HL]


MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING


[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 1

 

THE BARONESS KNIGHT OF COLLINGTREE
THE BARONESS FINLAY OF LLANDAFF

1Page 1, line 5, leave out "consultant" and insert "doctor"
 

Clause 2

 

THE BARONESS KNIGHT OF COLLINGTREE
THE BARONESS FINLAY OF LLANDAFF

2Page 2, line 8, leave out subsection (4) and insert—
"(4)  For the purposes of subsection (3), a patient lacks capacity in relation to the withdrawing or withholding of sustenance if at the material time in relation to the withdrawing or withholding of sustenance he is unable to make a decision for himself because of an impairment or disturbance in the functioning of the mind or brain.
(5)  It does not matter whether the impairment or disturbance is permanent or temporary.
(6)  For the purposes of subsection (4), a person is unable to make a decision to withdraw or withhold sustenance for himself if—
(a)  he is unable to understand the information relevant to the decision,
(b)  he is unable to retain the information relevant to the decision,
(c)  he is unable to use the information relevant to the decision as part of the process of making the decision, or
(d)  he is unable to communicate the decision (whether by talking, using sign language or any other means).
(7)  A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
(8)  A person is not to be treated as unable to make a decision unless all practicable steps to help him do so have been taken without success.
(9)  The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent him from being regarded as able to make the decision.
(10)  The information relevant to a decision includes information about the reasonably foreseeable consequences of—
(a)  deciding one way or another, or
(b)  failing to make the decision."
 

After Clause 2

 

THE BARONESS KNIGHT OF COLLINGTREE
THE BARONESS FINLAY OF LLANDAFF

3Insert the following new Clause—
  "Presumption against lack of capacity
(   )  For the purposes of this Act, a person must be assumed to have capacity unless it is established that he lacks capacity.
(   )  Any question in any proceedings, under this or any other Act, as to whether a person lacks capacity within the meaning of this Act must be decided on the balance of probabilities."
 

Clause 3

 

THE BARONESS FINLAY OF LLANDAFF
THE BARONESS KNIGHT OF COLLINGTREE

4Page 2, line 13, leave out "offer appropriate sustenance to the patient" and insert "ensure the patient has access to appropriate sustenance"

 
 
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©Parliamentary copyright 2003
12 September 2003