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Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 71In page 20, to delete lines 24 to 27.

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 72:In page 20, lines 28 and 29, to delete "for an appointer".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 73:In page 20, to delete lines 30 to 39 and substitute the following:"(a) to assist the appointer to obtain any information or personal records (in this section referred to as "relevant information") that the appointer is entitled to and that is or are required in relation to a relevant decision, (b) to advise the appointer by explaining relevant information and...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 74:In page 21, line 1, to delete "for an appointer".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 75:In page 21, line 7, to delete "for an appointer".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 76:In page 21, between lines 11 and 12, to insert the following:"(4) A decision-making assistant shall not make a decision on behalf of the appointer.".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 77:In page 21, between lines 13 and 14, to insert the following:"(a) the person has not attained the age of 18 years,".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 78:In page 21, line 17, to delete "or". Amendments Nos. 78 and 79 are technical amendments to allow for an extra criterion for invaliding decision-making assistance agreements to be inserted in the section. Amendments Nos. 80 and 81 are safeguards to protect a person with capacity difficulties. They provide that a decision-making assistance agreement will be invalid if...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 79:In page 21, line 20, to delete "appointer." and substitute "appointer, or".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 80:In page 21, between lines 20 and 21, to insert the following:"(c) the person has been convicted of an offence under section 113.".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 81:In page 21, line 24, to delete "paragraph (a) or (b)" and substitute "paragraph (a), (b), (c) or (d)".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 82:In page 21, line 29, to delete "or" where it secondly occurs.

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 83:In page 21, line 32, to delete "appointer," and substitute "appointer, or".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 84:In page 21, between lines 32 and 33, to insert the following:"(c) the decision-making assistant is convicted of an offence under section 113.".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 85:In page 21, line 36, to delete "paragraph (a) or (b)" and substitute "paragraph (a), (b) or (c)".

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 86:In page 21, after line 41, to insert the following: "PART 4 CO-DECISION-MAKING AGREEMENTSDefinitions 13.In this Part— "appointer" means a co-decision-maker appointer; "co-decision-maker", in relation to an appointer, means the suitable person who the appointer appoints under section 14, to jointly make with the appointer decisions on the appointer's personal...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 87:In page 21, after line 41, to insert the following:"Co-decision-making agreement 14.(1) Subject to the provisions of this section, a person who has attained the age of 18 years and who considers that his or her capacity is in question or may shortly be in question may appoint a suitable person who has also attained that age to jointly make with the relevant person one...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 88:In page 21, after line 41, to insert the following:"Persons who shall not be appointed as co-decision-makers 15.(1) Subject to subsection (3), a person shall not be suitable for appointment as a co-decision-maker if he or she—(a) has been convicted of an offence in relation to the person or property of the relevant person or the person or property of a child of...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 89:In page 21, after line 41, to insert the following:"Functions of a co-decision-maker 16.(1) A co-decision-maker shall advise the appointer respecting matters the subject or to be the subject of relevant decisions, and shall share with the appointer the authority to make relevant decisions and may do all things necessary to give effect to the authority vested in him or...

Select Committee on Justice, Defence and Equality: Assisted Decision-Making (Capacity) Bill 2013: Committee Stage (17 Jun 2015)

Kathleen Lynch: I move amendment No. 90:In page 21, after line 41, to insert the following:"Restrictions on co-decision-makers 17.(1) Where there is both a co-decision-maker and a decision-making representative for a relevant person—(a) the co-decision-maker shall not exercise any function granted to the decision-making representative and which is exercisable by the decision-making representative,...

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