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Mental Capacity (Amendment) Act 2019

Government Bill

Originated in the House of Lords, Session 2017-19

Act of Parliament (1)

Full text of the Act of Parliament as passed by Parliament (this is the Act in its original state. The Act may have been amended by another Act and any such amendments are not shown in this version).

Mental Capacity (Amendment) Act 2019 (c. 18)
16 May 2019

Full text of the Bill as introduced and further versions of the Bill as it is reprinted to incorporate amendments (proposals for change) made during its passage through Parliament.

HL Bill 171 Commons amendment in lieu of a Lords amendment, and Commons amendments to a Commons amendment in lieu of a Lords amendment to a Commons amendment
3 April 2019
Lords
Bill 345 2017-19, Lords Amendments to the Bill
27 February 2019
Commons
13 February 2019
Lords
22 January 2019
Commons
Bill 303 2017-19 (as brought from the Lords)
12 December 2018
Commons
27 November 2018
Lords
3 July 2018
Lords

Tracked changes versions of the Bill, showing amendments made in Committee of the whole House and in Public Bill Committees in the House of Commons. Please note that these are unofficial versions and may not be completely accurate.

Version of the bill showing changes made in Committee
23 January 2019
Commons

Documents to explain the purpose of the Bill.

13 February 2019
Lords
12 December 2018
Commons
4 July 2018
Lords

In the House of Commons, amendments are grouped together so that amendments relating to a particular topic or issue are discussed together.

Consideration of Lords Amendments
2 April 2019
Commons
Consideration on Report
12 February 2019
Commons
Provisional Selection of Amendments for Report Stage
11 February 2019
Commons
Consideration in Committee: Selection 3
21 January 2019
Commons
Consideration in Committee: Selection 2
16 January 2019
Commons
Consideration in Committee: Selection 1
14 January 2019
Commons

The Government provide a delegated powers memorandum for all public (including hybrid) bills to justify the delegation of powers, usually to Ministers, in the bill. For reports of the Delegated Powers and Regulatory Reform Committee, see “Select Committee Reports”.

Mental Capacity (Amendment) Bill [HL]: Delegated Powers Memorandum
4 July 2018
Lords

Under the 'English votes for English laws' procedure, which applied from 23 October 2015 until it was suspended on 22 April 2020 (and finally rescinded on 13 July 2021),the Speaker certified Bills, or provisions of Bills, as relating exclusively to England, and/or to England and Wales. In relation to Finance Bills, the Speaker could certify founding financial motions, or clauses or schedules, as relating exclusively to England, Wales and Northern Ireland.The text of certificates issued by the Speaker, and information prepared by the Government on how government amendments affect the territorial application of provisions of the bill, are available here. (Similar information about the bill itself could be found in the Explanatory Notes – see above.).

Speaker's Signed Certificate
3 April 2019
Commons
Departmental Memorandum for Consideration of Lords Amendments
29 March 2019
Commons
Legislative Grand Committee England and Wales Consent Motion 12 February 2019
12 February 2019
Commons
Speaker's Signed Certificate 12 February 2019
12 February 2019
Commons
Departmental Memorandum for Report Stage
11 February 2019
Commons
Departmental Memorandum for Committee Stage
7 February 2019
Commons
Speaker's Signed Certificate
7 January 2019
Commons

Full list of amendment papers relating to the Bill. Individual amendment papers will be replaced with consolidated lists before the amendments are discussed. Page and line references in amendment papers refer to the PDF version of the Bill.

HL Bill 171-I Marshalled list for consideration of Commons amendments
23 April 2019
Lords
HL Bill 171(a) Motions for consideration of Commons amendments
8 April 2019
Lords
Commons Consideration of Lords Messages as at 2 April 2019
2 April 2019
Commons
Notices of CCLM Amendments as at 29 March 2019
1 April 2019
Commons
HL Bill 161-I Marshalled list for consideration of Commons amendments
25 February 2019
Lords
HL Bill 161(a) Motion for consideration of Commons amendments
18 February 2019
Lords
Consideration of Bill Amendments as at 12 February 2019
12 February 2019
Commons
Notices of Amendments as at 8 February 2019
11 February 2019
Commons
Notices of Amendments as at 7 February 2019
8 February 2019
Commons
Notices of Amendments as at 6 February 2019
7 February 2019
Commons
Notices of Amendments as at 5 February 2019
6 February 2019
Commons
Public Bill Committee Amendments as at 22 January 2019
22 January 2019
Commons
Notices of Amendments as at 17 January 2019
18 January 2019
Commons
Public Bill Committee Amendments as at 17 January 2019
17 January 2019
Commons
Notices of Amendments as at 15 January 2019
16 January 2019
Commons
Public Bill Committee Amendments as at 15 January 2019
15 January 2019
Commons
Notices of Amendments as at 11 January 2019
14 January 2019
Commons
Notices of Amendments as at 10 January 2019
11 January 2019
Commons
10 January 2019
Commons
8 January 2019
Commons
HL Bill 147(a) Amendment for Third Reading
5 December 2018
Lords
HL Bill 117-R-II Second marshalled list for Report
23 November 2018
Lords
HL Bill 117-R-I(Rev)(a) Amendments for Report, supplementary to the revised marshalled list
22 November 2018
Lords
HL Bill 117-R-I(Rev) Revised marshalled list for Report
20 November 2018
Lords
HL Bill 117-R-I Marshalled list for Report
19 November 2018
Lords
HL Bill 117-R(i) Amendments for Report
16 November 2018
Lords
HL Bill 117-R(h) Amendments for Report
15 November 2018
Lords
HL Bill 117-R(g) Amendments for Report
14 November 2018
Lords
HL Bill 117-R(f) Amendments for Report
13 November 2018
Lords
HL Bill 117-R(e) Amendments for Report
12 November 2018
Lords
HL Bill 117-R(d) Amendments for Report
9 November 2018
Lords
HL Bill 117-R(c) Amendments for Report
7 November 2018
Lords
HL Bill 117-R(b) Amendments for Report
6 November 2018
Lords
HL Bill 117-R(a) Amendments for Report
25 October 2018
Lords
HL Bill 117-III(a) Amendments for Committee, supplementary to the third marshalled list
19 October 2018
Lords
HL Bill 117-III Third marshalled list for Committee
18 October 2018
Lords
HL Bill 117-II(b) Amendments for Committee, supplementary to the second marshalled list
17 October 2018
Lords
HL Bill 117-II(a) Amendments for Committee, supplementary to the second marshalled list
12 October 2018
Lords
HL Bill 117-II Second marshalled list for Committee
11 October 2018
Lords
HL Bill 117-I(h) Amendments for Committee, supplementary to the marshalled list
10 October 2018
Lords
HL Bill 117-I(g) Amendments for Committee, supplementary to the marshalled list
8 October 2018
Lords
HL Bill 117-I(f) Amendments for Committee, supplementary to the marshalled list
21 September 2018
Lords
HL Bill 117-I(e) Amendments for Committee, supplementary to the marshalled list
20 September 2018
Lords
HL Bill 117-I(d) Amendments for Committee, supplementary to the marshalled list
17 September 2018
Lords
HL Bill 117-I(c) Amendments for Committee, supplementary to the marshalled list
13 September 2018
Lords
HL Bill 117-I(b) Amendment for Committee, supplementary to the marshalled list
5 September 2018
Lords
HL Bill 117-I(a) Amendments for Committee, supplementary to the marshalled list
4 September 2018
Lords
HL Bill 117-I Marshalled list for Committee
3 September 2018
Lords
HL Bill 117(o) Amendments for Committee
31 August 2018
Lords
HL Bill 117(n) Amendments for Committee
30 August 2018
Lords
HL Bill 117(m) Amendments for Committee
29 August 2018
Lords
HL Bill 117(l) Amendment for Committee
28 August 2018
Lords
HL Bill 117(k) Amendments for Committee
24 August 2018
Lords
HL Bill 117(j) Amendments for Committee
23 August 2018
Lords
HL Bill 117(i) Amendments for Committee
21 August 2018
Lords
HL Bill 117(h) Amendments for Committee
20 August 2018
Lords
HL Bill 117(g) Amendments for Committee
17 August 2018
Lords
HL Bill 117(f) Amendments for Committee
16 August 2018
Lords
HL Bill 117(e) Amendments for Committee
15 August 2018
Lords
HL Bill 117(d) Amendment for Committee
24 July 2018
Lords
HL Bill 117(c) Amendments for Committee
19 July 2018
Lords
HL Bill 117(b) Amendment for Committee
18 July 2018
Lords
HL Bill 117(a) Amendments for Committee
17 July 2018
Lords

Details of proceedings in Public Bill Committee or Committee of the whole House, on any report (consideration) stage, and on any consideration of Lords Amendments or any subsequent Lords Messages. The documents contain the text of amendments considered at each sitting and show whether it was agreed to, negatived (not agreed), not called, not moved or withdrawn.

Proceedings on Consideration of Lords Messages as at 2 April 2019
3 April 2019
Commons
Report Stage Proceedings as at 12 February 2019
13 February 2019
Commons
All proceedings up to 22 January 2019 at Public Bill Committee Stage
23 January 2019
Commons
Public Bill Committee Proceedings as at 22 January 2019
23 January 2019
Commons
Public Bill Committee Proceedings as at 17 January 2019
18 January 2019
Commons
Public Bill Committee Proceedings as at 15 January 2019
16 January 2019
Commons

House of Commons Library and House of Lords Library briefing papers aim to be politically impartial, containing factual information as well as a range of opinions on each subject. Briefing papers on Bills are produced before Second Reading and, in the Commons, after Committee Stage.

Briefing Paper on Second Reading
17 December 2018
Commons

Archive of press notices related to the Bill.

Have your say on the Mental Capacity (Amendment) Bill
19 December 2018
Commons

House of Lords Library Notes aim to be politically impartial and are compiled for Members of Parliament and their staff.

Mental Capacity (Amendment) Bill: Briefing for Lords Stages
11 July 2018
Lords

The Government human rights memorandum is prepared by the Government to assist the Joint Committee on Human Rights with its scrutiny of the Bill’s human rights implications.

Memorandum for the Joint Committee on Human Rights from the Department of Health and Social Care
29 October 2018
Lords

Written submissions from outside bodies and individuals are circulated to MPs appointed to examine the Bill during committee stage in a Public Bill Committee. The following written submissions were sent to this committee.

Commons Committee stage

Written evidence: Leicestershire County Council DOLS Service (MCAB63)
23 January 2019
Commons
Written evidence: Royal College of Nursing (MCAB64)
23 January 2019
Commons
Written evidence: Nigel Hodder, Best Interests Assessor for DOLS (MCAB65)
23 January 2019
Commons
Written evidence: Liz Gale, Mental Capacity Act Lead, Bi-Borough Adults Social Care and Public Health, Royal Borough of Kensington and Chelsea and Westminster City Council (MCAB66)
23 January 2019
Commons
Written evidence: Devon County Council (MCAB67)
23 January 2019
Commons
Written evidence: Doughty Street Chambers Court of Protection Team (MCAB68)
23 January 2019
Commons
Written evidence: Dr Amanda Thompsell (Chair, Faculty of Old Age Psychiatry, Royal College of Psychiatrists), Dr Hugh Series (Consultant old age psychiatrist), and Dr Sharmi Bhattacharyya (MCAB69)
23 January 2019
Commons
Written evidence: Adrian Watts (MCAB70)
23 January 2019
Commons
Written evidence: Dr R. L. Symonds (MCAB71)
23 January 2019
Commons
Written evidence: Liz Spires, social worker (MCAB72)
23 January 2019
Commons
Written evidence: Penny Calthrop (MCAB73)
23 January 2019
Commons
Written evidence: Tom Grace (MCAB74)
23 January 2019
Commons
Written evidence: Challenging Behaviour Foundation (MCAB75)
23 January 2019
Commons
Written evidence: Wendy and Graham Enderby (MCAB76)
23 January 2019
Commons
Written evidence: Association of Directors of Adults Social Services (ADASS) (MCAB77)
23 January 2019
Commons
Written evidence: Catherine Brewin (MCAB78)
23 January 2019
Commons
Written Evidence: British Medical Association (MCAB40)
18 January 2019
Commons
Written Evidence: Dan Baker, Mental Capacity Act and Deprivation of Liberty Safeguards Lead Officer, Central Bedfordshire Council (MCAB41)
18 January 2019
Commons
Written Evidence: Jess Flanagan, Senior Associate solicitor, Health and Welfare Court of Protection, Clarke Willmott LLP (MCAB42)
18 January 2019
Commons
Written Evidence: Hywel Dda University Health Board (MCAB43)
18 January 2019
Commons
Written Evidence: Royal College of Psychiatrists (RCPsych) (MCAB44)
18 January 2019
Commons
Written Evidence: David Thornicroft, Managing Director, St Thomas Training (MCAB45)
18 January 2019
Commons
Written Evidence: Inclusion London and People First Self-Advocacy (MCAB46)
18 January 2019
Commons
Written Evidence: Professor Rosie Harding, Chair in Law and Society, Birmingham Law School, University of Birmingham (MCAB47)
18 January 2019
Commons
Written Evidence: Lincolnshire County Council (MCAB48)
18 January 2019
Commons
Written Evidence: North East Lincolnshire MCA Group (formerly the Strategic Network) (MCAB49)
18 January 2019
Commons
Written Evidence: Marc Robertson (MCAB50)
18 January 2019
Commons
Written Evidence: Court of Protection Practitioners Association (MCAB51)
18 January 2019
Commons
Written Evidence: Irwin Mitchell (MCAB52)
18 January 2019
Commons
Written Evidence: Ray Colyer, Deprivation of Liberty Safeguards Manager, Islington Council (MCAB53)
18 January 2019
Commons
Written Evidence: Best Interest Assessors, Sheffield City Council (MCAB54)
18 January 2019
Commons
Written Evidence: Dimensions (MCAB55)
18 January 2019
Commons
Written Evidence: Christiane Plaum, MCA DoLS Team Manager, Deprivation of Liberty Safeguards Team, West Sussex County Council (MCAB56)
18 January 2019
Commons
Written Evidence: Tracey Cave, Social Worker/AMHP/BIA, BIA Team, Middlesbrough Council (MCAB57)
18 January 2019
Commons
Written Evidence: MIND (MCAB58)
18 January 2019
Commons
Written Evidence: Independent Age (MCAB59)
18 January 2019
Commons
Written Evidence: Law Society (MCAB60)
18 January 2019
Commons
Written Evidence: The Relatives and Residents Association (MCAB61)
18 January 2019
Commons
Written Evidence: Eleanor Tallon and Annette Wilby, staff members in the MCA and DoLS team at Calderdale Council (MCAB62)
18 January 2019
Commons
Written Evidence: Andrew Lee, Director, People First (MCAB01)
16 January 2019
Commons
Written Evidence: National DoLS Leads Group (MCAB02)
16 January 2019
Commons
Written Evidence: Eloise Jones, Best Interest Assessor/ Senior Social Worker MCA/ DoLS (MCAB03)
16 January 2019
Commons
Written Evidence: Roger Hargreaves (MCAB04)
16 January 2019
Commons
Written Evidence: Dr O Sorinmade, MRC Psych., MSc., LLM, Consultant Older Adult Psychiatrist (MCAB05)
16 January 2019
Commons
Written Evidence: Royal College of Speech and Language Therapists (MCAB06)
16 January 2019
Commons
Written Evidence: Andrew MacTaggart, Best interests assessor (MCAB07)
16 January 2019
Commons
Written Evidence: Mike Stone (MCAB08)
16 January 2019
Commons
Written Evidence: Steven Richards (MCAB09)
16 January 2019
Commons
Written Evidence: Dr Samantha Hamer (MCAB10)
16 January 2019
Commons
Written Evidence: Carol Wilkinson (MCAB11)
16 January 2019
Commons
Written Evidence: Kay Matthews (MCAB12)
16 January 2019
Commons
Written Evidence: Sarah Paxton (MCAB13)
16 January 2019
Commons
Written Evidence: Dr Anil Christopher Chopdar (MCAB14)
16 January 2019
Commons
Written Evidence: David Parker (MCAB15)
16 January 2019
Commons
Written Evidence: Andy Nash (MCAB16)
16 January 2019
Commons
Written Evidence: Colin Newland (MCAB17)
16 January 2019
Commons
Written Evidence: Rethink Mental Illness (MCAB18)
16 January 2019
Commons
Written Evidence: Derek Boothby (MCAB19)
16 January 2019
Commons
Written Evidence: Sue Adams, DoLS Practice Manager/AMHP/BIA (MCAB20)
16 January 2019
Commons
Written Evidence: Citizens Advice Sheffield (MCAB21)
16 January 2019
Commons
Written Evidence: Dr Camilla Parker, Just Equality (MCAB22)
16 January 2019
Commons
Written Evidence: Royal Mencap Society (MCAB23)
16 January 2019
Commons
Written Evidence: Association for Real Change (ARC), Care England, the National Care Association (NCA), the National Care Forum (NCF), the Registered Nursing Home Association (RNHA), and the Voluntary Organisations Disability Group (VODG) (MCAB24)
16 January 2019
Commons
Written Evidence: Vincent Duffy (MCAB25)
16 January 2019
Commons
Written Evidence: Nick Woodhead (MCAB26)
16 January 2019
Commons
Written Evidence: Albert House Nursing Home (MCAB27)
16 January 2019
Commons
Written Evidence: Dr Haider Malik, Consultant Psychiatrist (MCAB28)
16 January 2019
Commons
Written Evidence: Bill O'Grady, Social Worker (MCAB29)
16 January 2019
Commons
Written Evidence: Stephen Ward, Lead for MHA and MCA Isle of Wight Council and Isle of Wight NHS Trust (MCAB30)
16 January 2019
Commons
Written Evidence: Tracey Hennis, qualified Social Worker and Best Interest Assessor (MCAB31)
16 January 2019
Commons
Written Evidence: Dr Lucy Series, a Wellcome Research Fellow and Lecturer in Law at the School of Law and Politics, at Cardiff University (MCAB32)
16 January 2019
Commons
Written Evidence: Sara-Jayne Williams, Mental Capacity Act Coordinator for Bedford Borough Council (MCAB33)
16 January 2019
Commons
Written Evidence: Roger Laidlaw, Social Worker and Deprivation of Liberty Safeguards Coordinator (MCAB35)
16 January 2019
Commons
Written Evidence: Sian Phillips (MCAB36)
16 January 2019
Commons
Written Evidence: Lucy Bright (MCAB37)
16 January 2019
Commons
Written Evidence: Kings College Hospital NHS Foundation Trust, Adult Safeguarding Service (MCAB38)
16 January 2019
Commons
Written Evidence: Learning Disability England (MCAB39)
16 January 2019
Commons
Written Evidence: Graham Hennis, a qualified Social Worker and a Best Interests Assessor (MCAB34)
16 January 2019
Commons

List of related Impact Assessments

Updated Impact Assessment
11 February 2019
Impact Assessment: Mental Capacity (Amendment) Bill
9 July 2018

Occasionally questions put to government Ministers during debates on Bills in either the House of Commons or the House of Lords may be answered by the Minister saying 'I will write to the Hon Member'. Such “will write” replies are not published in Hansard but are placed in the Library of the House concerned and published on the Parliamentary website.

Letter dated 24/07/2018 from Lord O'Shaughnessy to Lords regarding points raised during the second reading of the Mental Capacity (Amendment) bill
24 July 2018
Annex B: Illustrative person journeys under DoLS [Deprivation of Liberty Safeguards] v Liberty Protection Safeguards (as referenced in letter dated 24/07/18)
24 July 2018
Annex C: Flow diagram representing a summary of the process in the new bill (as referenced in letter dated 24/07/18)
24 July 2018
Annex D: Mental Capacity Act 2005 - Keeling Schedule showing changes which will be effected by the Mental Capacity (Amendment) Bill (as referenced in letter dated 24/07/18)
24 July 2018
Annex A: Law Commission recommendations and Government Responses (as referenced in letter dated 24/07/18)
24 July 2018

Full transcripts

Commons Committee stage

Committee Debates: compilation pdf of sittings so far
23 January 2019
Commons
23 January 2019
Commons
23 January 2019
Commons
21 January 2019
Commons
21 January 2019
Commons
16 January 2019
Commons
16 January 2019
Commons

Lords 1st reading

1st reading (Hansard)
3 July 2018
Lords
1st reading (Minutes of Proceedings)
3 July 2018
Lords

Lords 2nd reading

2nd reading (Hansard)
16 July 2018
Lords
2nd reading (Hansard - continued)
16 July 2018
Lords
2nd reading (Minutes of Proceedings)
16 July 2018
Lords

Lords Committee stage

Committee: 3rd sitting - (Hansard)
22 October 2018
Lords
Committee: 3rd sitting (Minutes of Proceedings)
22 October 2018
Lords
Committee: 2nd sitting (Hansard)
15 October 2018
Lords
Committee: 2nd sitting (Hansard - continued)
15 October 2018
Lords
Committee: 2nd sitting (Hansard - continued)
15 October 2018
Lords
Committee: 2nd sitting (Minutes of Proceeding)
15 October 2018
Lords
Committee: 1st sitting (Hansard)
5 September 2018
Lords
Committee: 1st sitting (Hansard - continued)
5 September 2018
Lords
Committee: 1st sitting (Minutes of Proceedings)
5 September 2018
Lords

Lords Report stage

Report: 2nd sitting (Hansard)
27 November 2018
Lords
Report: 2nd sitting (Minutes of Proceedings)
27 November 2018
Lords
Report: 1st sitting
21 November 2018
Lords
Report stage (Minutes of Proceedings)
21 November 2018
Lords

Lords 3rd reading

3rd reading (Hansard)
11 December 2018
Lords
3rd reading (Minutes of Proceedings)
11 December 2018
Lords

Commons 2nd reading

18 December 2018
Commons

Commons Programme motion

Programme motion
18 December 2018
Commons

Commons Money resolution

Money resolution
18 December 2018
Commons

Commons Ways and Means resolution

Ways and Means resolution
18 December 2018
Commons

Commons Report stage

12 February 2019
Commons

Commons 3rd reading

12 February 2019
Commons

Lords Consideration of Commons amendments and / or reasons

Ping Pong (Hansard)
26 February 2019
Lords
Ping Pong (Minutes of Proceedings)
26 February 2019
Lords

Commons Consideration of Lords amendments

2 April 2019
Commons

Lords Consideration of Commons amendments and / or reasons

Ping Pong (Hansard)
24 April 2019
Lords
Ping Pong (Minutes of Proceedings)
24 April 2019
Lords

Royal Assent

Royal Assent (Hansard)
16 May 2019
Royal Assent (Minutes of Proceedings)
16 May 2019