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BUSINESS BULLETIN 7 / 2000

Monday 17 January 2000

Section G -   Bills, amendments to Bills and proposals for members’ Bills

 

  

New amendments to Bills lodged on 14 January 2000

 

Adults with Incapacity (Scotland) Bill – Stage 2

Section 1

Phil Gallie

84     In section 1, page 1, line 21, leave out <nearest relative and the>

 

Phil Gallie

Supported by: Roseanna Cunningham, Michael Matheson

 

85      In section 1, page 2, line 18, after <disability> insert <,including acquired brain injury>

 

Phil Gallie

Supported by: Roseanna Cunningham, Michael Matheson

86      In section 1, page 2, line 23, at end insert—

<"intervention" means any act, transaction or decision (including a decision to refrain from acting or that something should not be permitted) by any person, any court or any entity (including, without prejudice to that generality, any local authority, health board, fundholder or manager of an establishment)—

(a) exercising or refraining from exercising powers under or regulated by this Act (including without prejudice to that generality, the powers of a guardian, a continuing attorney or a welfare attorney appointed in accordance with the provisions of this Act); or

(b) in the course of or in connection with any procedure or proceedings under this Act.>

 

Section 2

Phil Gallie

Supported by: Roseanna Cunningham, Michael Matheson

87      In section 2, page 3, line 31, at end insert—

<( ) All applications and proceedings under this Act shall be disposed of by a sheriff nominated for the time being for that purpose by the sheriff principal, unless no such sheriff is available to do so.>

 

Section 6

Phil Gallie

Supported by: Roseanna Cunningham, Michael Matheson

88      In section 6, page 6, line 13, leave out from <or> to end of line 14

 

Section 8

Phil Gallie

89      In section 8, page 7, line 27, leave out <supervise> and insert <monitor>

 

Phil Gallie

Supported by: Roseanna Cunningham, Michael Matheson

90      In section 8, page 7, line 39, leave out <Scotland> and insert <the local authority’s area>

 

Section 13

Phil Gallie

Supported by: Roseanna Cunningham, Michael Matheson

91      In section 13, page 10, line 27, at end insert—

<( ) A certificate under subsection (3)(c) above shall not be capable of being granted by the person proposed as attorney or continuing attorney.>

 

Section 14

Phil Gallie

Supported by: Roseanna Cunningham, Michael Matheson

92      In section 14, page 11, line 6, at end insert—

<( ) A certificate under subsection (3)(c) above shall not be capable of being granted by the person proposed as welfare attorney.>

 

Phil Gallie

Supported by: Roseanna Cunningham, Michael Matheson

93      In section 14, page 11, line 8, after <individual> insert <or a named substitute>

 

Phil Gallie

94      In section 14, page 11, line 17, at end insert—

<( ) A welfare attorney shall not—

(a) act, refuse to act or fail to act in relation to the granter with the intention of making financial gain for himself;

(b) act, refuse to act or fail to act in relation to the granter with the intention of causing the death of, or harm to, the granter;

(c) where the granter is in need of treatment in hospital, refuse consent to such treatment with the intention of causing the death of, or harm to, the granter; or

(d) where the granter is in need of medical advice or attention, fail to seek such advice or refuse to consent to such advice or attention being obtained, with the intention of causing the death of, or harm to, that granter.>

 

Section 15

Phil Gallie

95     In section 15, page 11, line 28, leave out <or welfare>

 

Section 18

Phil Gallie

96     In section 18, page 13, line 7, at end insert—

<( ) declaring what is and what is not within the terms of the power of attorney.>

 

Section 19

Phil Gallie

97      In section 19, page 13, line 32, leave out <of the exercise of his powers> and insert <in writing of—

(a) the power of attorney and any alteration of the power;

(b) a record in writing of all actions taken on behalf of the granter; and

(c) accounts showing all intromissions on behalf of the granter.>

 

Section 20

Phil Gallie

98     In section 20, page 13, line 40, at end insert—

<( ) The executor of a continuing or welfare attorney shall notify the Public Guardian at the date of death of the continuing or welfare attorney.>

 

Section 27

Phil Gallie

99      In section 27, page 17, line 34, leave out <looking after> and insert <taking care of>

 

Section 35

Phil Gallie

100     In section 35, page 22, line 23, leave out <change of circumstances of the resident bearing on the resident’s incapacity> and insert <improvement in the circumstances referred to in subsection (2)(a) and (b) above>

 

Section 38

Phil Gallie

101     In section 38, page 24, line 13, leave out <authority> and insert <body>

 

Section 39

Phil Gallie

102      In section 39, page 24, line 34, at end insert <(except that, in circumstances approved by the supervisory body, money may be spent on goods or services for the benefit of more than one resident)>

 

Section 41

Phil Gallie

103     In section 41, page 25, line 21, after <reason> insert <(including recovery of capacity)>

Section 42

Phil Gallie

104      In section 42, page 26, line 9, at end insert—

<( ) the power to manage in relation to any one or more specified residents.>

 

 

Section 49

Phil Gallie

105      In section 49, page 31, line 30, at end insert—

<( ) A person acting under an intervention order shall not—

(a) act, refuse to act or fail to act in relation to the adult with the intention of making financial gain for himself;

(b) act, refuse to act or fail to act in relation to the adult with the intention of causing the death of, or harm to, that adult;

(c) where the adult is in need of treatment in hospital, refuse consent to such treatment with the intention of causing the death of, or harm to, that adult; or

(d) where the adult is in need of medical advice or attention, fail to seek such advice or refuse to consent to such advice or attention being obtained, with the intention of causing the death of, or harm to, that adult.>

 

Section 58

Phil Gallie

106      In section 58, page 38, line 1, after <to> insert <negotiate and conclude a separation agreement and>

 

Phil Gallie

107      In section 58, page 38, line 1, after first <of> insert <nullity of marriage,>

 

Phil Gallie

108      In section 58, page 38, line 6, at end insert—

<( ) where the adult, if incapable, would have been entitled to be appointed executor to a deceased person, power to petition for appointment of the guardian as executor to that deceased person.>

 

Phil Gallie

109     In section 58, page 38, line 8, at end insert—

<( ) A guardian shall not—

(a) act, refuse to act or fail to act in relation to the adult with the intention of making financial gain for himself;

(b) act, refuse to act or fail to act in relation to the adult with the intention of causing the death of, or harm to, that adult;

(c) where the adult is in need of treatment in hospital, refuse to consent to such treatment with the intention of causing the death of, or harm to, that adult; or

(d) where the adult is in need of medical advice or attention, fail to seek such advice, or refuse to consent to such advice or attention being obtained, with the intention of causing the death of, or harm to, that adult.>

 

Section 66

Phil Gallie

110     In section 66, page 44, line 25, leave out <recall> and insert <terminate>

Phil Gallie

 

111 In section 66, page 45, line 42, at end insert—

<( ) Notifications in terms of subsections (2)(b and (4)(b) shall include information and guidance on rights of appeal in such terms as may be prescribed.>

 

Section 68

Phil Gallie

112      In section 68, page 46, line 20, leave out <it>

 

Section 69

Phil Gallie

113     In section 69, page 47, line 14, leave out <with> and insert <within>

 

Section 70

Mr Jim Wallace

114     In section 70, page 47, line 42, at end insert—

<( ) No title to any interest in heritable property acquired by a third party in good faith and for value from a person authorised under an intervention order or from a guardian having powers relating to the property or financial affairs of the adult shall be challengeable on the grounds only of the termination or coming to an end of the authority of the person or of the guardian.>

 

Section 72

Phil Gallie

115      In section 72, page 48, line 26, leave out second <a> and insert <any>

 

Phil Gallie

116     In section 72, page 48, line 26, leave out <who has attained the age of 16 years>

 

Section 73

Phil Gallie

117     Leave out section 73 and insert—

<Duty of Care

(1) Guardians, continuing attorneys, welfare attorneys, persona authorised to act under an intervention order, withdrawers and the managers of establishments to which this section 34 applies, in addition to any other fidicuary duty or duty of care, shall owe a duty of care to the adult to act reasonably and in good faith and in accordance with this Act.

(2) Any person who refuses or consents to treatment for and on behalf of any other person under this Act shall at all times do what is reasonable in the circumstances to safeguard or promote the physical and mental health of that other person and shall not to act at any time contrary to good clinical and medical practice.>

 

Section 44

Phil Gallie

118     In section 44, page 27, line 5, leave out <person> and insert <medical practitioner>

 

Phil Gallie

119     In section 44, page 27, leave out line 17

 

Section 47

Phil Gallie

120     In section 47, page 28, line 39, at end insert <(other than basic care or ordinary treatment).

( ) In this section—

"basic care" includes the provision of hydration and nutrition; warmth and shelter; personal hygiene; and palliative care.

"ordinary treatment" includes meaures which are resaonable in the circumstances and intended to safeguard or promote the physical or mental health of the adult.>

 

After section 48

Phil Gallie

121      After section 48 insert—

<Prohibition on intentionally causing death or harm

No person shall, in relation to any adult to whom this Act applies—

(a) refuse, withhold or withdraw medical or surgical treatment or food or fluids, however administered, from any person with the intention of causing the death of, or harm to, that adult.

(b) refuse, withhold or withdraw medical or surgical treatment or food or fluids, however administered, from any person where such treatment offers, or such food or fluids offer, a reasonable hope of clinical benefit and can be provided without undue burden to that adult;

(c) refuse, withhold or withdraw nursing or palliative care from any such adult;

(d) act or omit to act with the intention of causing the death of, or harm to, any such adult.

 

Proposals for Members’ Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters’ names shown in bold. The member who lodged such a proposal has the right to introduce a Member’s Bill to give effect to that proposal under rule 9.14.

Tavish Scott: Proposed Sea Fisheries (Shellfish) (Amendment) Bill—Proposal for a Bill to amend section 7(4) of the Sea Fisheries (Shellfish) Act 1967 to permit Scottish Ministers to authorise the use by fishermen of non-damaging types of fishing gear such as creels in areas covered by Several Fisheries Orders. (lodged 16 December 1999)

Supported by: Dr Winnie Ewing, John Munro, Maureen MacMillan, Rhoda Grant, Mr Mike Rumbles, George Lyon, Allan Wilson, Jamie Stone, Mr Jamie McGrigor, Mary Scanlon, Ben Wallace

 

Mr Brian Monteith: Proposed Tuition Fees Bill—Proposal for a Bill to ensure that students at higher education institutions in Scotland normally resident elsewhere in the UK are not required to pay tuition fees for a fourth year of study; and that any student normally resident in Scotland who qualifies or is accepted for any UK higher education course is granted a scholarship equal in value to the tuition fee for that course, payable for at least four years. (lodged 22 December 1999)

Supported by: David McLetchie, Lord James Douglas-Hamilton, Bill Aitken, David Davidson, Jamie McGrigor, Phil Gallie, Miss Annabel Goldie, Mrs Lyndsay McIntosh, John Young, Nick Johnston, Alex Johnstone, Mary Scanlon, Keith Harding, David Mundell, Murray Tosh, Alex Fergusson, Ben Wallace

  

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