Back to the Scottish Parliament Business Bulletin No. 24/2007: Thursday 8 February 2007
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Section G – Bills

New amendments to Bills lodged on 7 February 2007

Adult Support and Protection (Scotland) Bill – Stage 3

Section 48

Roseanna Cunningham

5 In section 48, page 21, line 6, leave out <a removal order,>

Roseanna Cunningham

6 In section 48, page 21, line 8, after second <grant,>, insert <a removal order,>

Roseanna Cunningham

7 In section 48, page 21, line 16, after <quash>, insert <a removal order,>

Roseanna Cunningham

8 In section 48, page 21, line 26, after <section>, insert <13(2),>

After section 51

Lewis Macdonald

9 After section 51 insert—

<Applications and proceedings: Sheriff to consider adult’s wishes and feelings

After section 3(5) of the 2000 Act insert—

"(5A) In determining an application or any other proceedings under this Act, the sheriff shall, without prejudice to the generality of section 1(4)(a), take account of the wishes and feelings of the adult who is the subject of the application or proceedings so far as they are expressed by a person providing independent advocacy services.

(5B) In subsection (5A), "independent advocacy services" has the same meaning as it has in section 259(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13).".>

Section 54

Lewis Macdonald

10 In section 54, page 37, line 18, at end insert—

<( ) A notice under subsection (1) must be given within 7 days of the date of the change to which it relates.>

Lewis Macdonald

11 In section 54, page 38, line 18, at end insert—

<( ) The Public Guardian must on suspending or terminating the authority of the withdrawer enter prescribed particulars in the register maintained by the Public Guardian under section 6(2)(b)(iii).>

Lewis Macdonald

12 In section 54, page 39, line 2, at end insert—

<31BB Duration of certificates issued under section 24C, 24D, and 26G etc.

(1) A certificate issued under section 24C, 24D or 26G is valid for such period as it may specify.

(2) But the Public Guardian may cancel the certificate at any time before the end of any period so specified.

(3) The Public Guardian must without delay intimate such a cancellation to—

(a) the person to whom the certificate was issued,

(b) where the certificate was issued under section 26G, the fundholder of the original account, and

(c) such other persons as the Public Guardian thinks fit.>

Section 60

Lewis Macdonald

13 In section 60, page 40, leave out from line 39 to line 6 on page 41

Section 61

Lewis Macdonald

14 In section 61, page 42, line 33, leave out subsection (1A)

Lewis Macdonald

15 In section 61, page 47, line 13, at end insert—

<(3D) The Public Guardian must take reasonable steps to give notice of the effect of sub-paragraph (3A) to any person who—

(a) is a guardian to an adult by virtue of this schedule;

(b) was a curator bonis to that adult; and

(c) has not applied for renewal of guardianship.

(3E) A local authority must take reasonable steps to give notice of the effect of sub-paragraph (3A) to any person who—

(a) is a guardian to an adult residing within the local authority’s area by virtue of this schedule;

(b) was a tutor dative or tutor-in-law to that adult; and

(c) has not applied for renewal of guardianship.".>

After section 63

Lewis Macdonald

16 After section 63 insert—

<Power to help incapable adults to benefit from social services etc.

After section 13 of Social Work (Scotland) Act 1968 (c.49) insert—

"13ZA Provision of services to incapable adults

(1) Where—

(a) a local authority has decided under section 12A of this Act that an adult’s needs call for the provision of a community care service, and

(b) it appears to the local authority that the adult is incapable in relation to decisions about the service,

the local authority may take any steps which they consider would help the adult to benefit from the service.

(2) Without prejudice to the generality of subsection (1) above, steps that may be taken by the local authority include moving the adult to residential accommodation provided in pursuance of this Part.

(3) The principles set out in subsection (2) to (4) of section 1 of the 2000 Act apply in relation to any steps taken under subsection (1) above as they apply to interventions in the affairs of an adult under or in pursuance of that Act.

(4) Subsection (1) does not authorise a local authority to take steps if they are aware that—

(a) there is a guardian or welfare attorney with powers relating to the proposed steps;

(b) an intervention order has been granted relating to the proposed steps; or

(c) an application has been made (but not yet determined) for an intervention order or guardianship order under Part 6 of the 2000 Act relating to the proposed steps.

(5) In this section—

(a) "the 2000 Act" means the Adults with Incapacity (Scotland) Act 2000 (asp 4);

(b) "adult" has the meaning given in section 1(6) of the 2000 Act;

(c) "community care service" has the meaning given in section 5A of this Act;

(d) "incapable" has the meaning given in section 1(6) of the 2000 Act;

(e) "intervention order" is to be construed in accordance with section 53 of the 2000 Act";

(f) the reference to a guardian includes a reference to—

(i) a guardian appointed under the 2000 Act; and

(ii) a guardian (however called) appointed under the law of any country to, or entitled under the law of any country to act for, an adult during his incapacity, if the guardianship is recognised by the law of Scotland;

(g) the reference to a welfare attorney includes a reference to—

(i) a welfare attorney within the meaning of section 16 of the 2000 Act; and

(ii) a person granted, under a contract, grant or appointment governed by the law of any country, powers (however expressed) relating to the granter’s personal welfare and having effect during the granter’s incapacity.".>

After section 67

Lewis Macdonald

17 After section 67, insert—

<Compulsion orders: revocation

(1) In section 183(5)(b)(ii) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) substitute—

"(ii) either—

(A) that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; or

(B) that it continues to be necessary for the patient to be subject to the compulsion order,".

(2) In section 184(4)(b)(ii) of that Act substitute—

"(ii) either—

(A) that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; or

(B) that it continues to be necessary for the patient to be subject to the compulsion order,".

(3) In section 188(4)(b)(ii) of that Act substitute—

"(ii) either—

(A) that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; or

(B) that it continues to be necessary for the patient to be subject to the compulsion order,".

(4) In section 193(4)(b)(ii) of that Act substitute—

"(ii) either—

(A) that the conditions mentioned in paragraphs (b) and (c) of section 182(4) of this Act continue to apply in respect of the patient; or

(B) that it continues to be necessary for the patient to be subject to the compulsion order,".>

After section 67C

Lewis Macdonald

18 After section 67C, insert—

<Applications to the Mental Health Tribunal for Scotland

After paragraph 13 of schedule 2 to the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), insert—

"Withdrawn applications to be disregarded for certain purposes

13A For the purposes of sections 101(3)(c), 189(2)(a)(ii) and (b)(ii) and 213(2)(a)(ii) and (b)(ii) of this Act, an application to the Tribunal which is withdrawn by the applicant before it is determined is to be treated as not having been made.".>

Schedule 2

Lewis Macdonald

19 In schedule 2, page 58, line 23, column 2, at beginning insert—

<Section 142.>

Long Title

Lewis Macdonald

20 In the long title, page 1, line 9, leave out from <adjust> to <reviewed;> on line 10 and insert <amend the law relating to mentally disordered persons;>

Schools (Health Promotion and Nutrition) (Scotland) Bill – Stage 2

Section 3

Dave Petrie

24 In section 3, page 2, line 35, at end insert <, or

( ) provided to pupils with additional support needs as defined in section 1 of the Education (Additional Support for Learning) (Scotland) Act (asp 4).>

Section 6

Frances Curran

25 In section 6, page 5, line 3, leave out from <must> to end of line 5 and insert <may, subject to subsection (3), provide them free of charge.>

Tricia Marwick

26 In section 6, page 5, line 6 at end insert <, subject to subsection (3)>

Frances Curran

27 In section 6, page 5, line 7, leave out from <or> to end of line 8

Frances Curran

28 In section 6, page 5, line 10, leave out <(2B)(a)> and insert <(2B)>

Frances Curran

29 In section 6, page 5, line 14, leave out <, by virtue of subsection (2) or (2B)(b),>

Frances Curran

30 In section 6, page, 5, line 16, at end insert—

<( ) In subsection (3), after paragraph (b) insert—

"( ) who is in attendance at a primary school;">

Frances Curran

31 In section 6, page, 5, line 16, at end insert—

<( ) In subsection (3), after paragraph (b) insert—

"( ) who is in attendance at a secondary school;">

Section 8A

John Home Robertson

17C As an amendment to amendment 17, line 24, at end insert—

<( ) Guidance issued under this section must in particular include consideration of any nutritional, economic or ecological benefit of providing food or drink produced or processed as near as practicable to the premises on which it will be consumed.".>

Contents An A B C D E F G H I J