Page 2739 - Week 09 - Thursday, 25 August 1994
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MR LAMONT: Madam Speaker, I move the following amendments and present a supplementary explanatory memorandum:
Page 16, line 17, clause 27, paragraph (1)(c), omit the paragraph, substitute the following paragraph:
"(c) the person -
(i) has refused to consent to the order; or
(ii) is incapable of weighing for himself or herself the considerations involved in making a decision whether to consent to the order; and".
Page 27, line 10, clause 93, subclause (2), omit "(f), (g) or (h)", substitute "(f) or (g)".
Page 51, line 3, clause 103, paragraph (1)(a), omit "and" (last occurring).
Page 51, line 5, clause 103, paragraph (1), add the following paragraphs:
"(c) if the person has a guardian under the Guardianship and Management of Property Act 1991 - the guardian; and
(d) if the person has an attorney appointed under the Powers of Attorney Act 1956 and the Tribunal considers it appropriate to do so - the attorney.".
Page 63, line 31, clause 141, add the following subclause:
"(5) Subsections 214(3) and (4) of the Magistrates Court Act 1930 apply in relation to an appeal under this section as if it were an appeal referred to in subsection 214(1) of that Act.".
Page 64, line 11, after clause 143 insert the following new clause:
Relationship with Mental Health Act 1962
"143A. (1) A doctor is not entitled to give a certificate in respect of a person for the purposes of the Mental Health Act 1962 without the consent of the Tribunal.
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