Volume 2

Draft Mental Incapacity Bill / presented to Parliament by the Secretary of State for Constitutional Affairs.

  • Great Britain. Department for Constitutional Affairs.
Date:
2003
Catalogue details

Licence: Open Government Licence

Credit: Draft Mental Incapacity Bill / presented to Parliament by the Secretary of State for Constitutional Affairs. Source: Wellcome Collection.

    44/64 (page 42)
    incapacity’ are to be construed accordingly. The term ‘notice’ refers to a notice in writing. Subsection (2) makes clear that any question which arises in relation to Schedule 3 as to things that the donor of a power might be expected to do 1s to be determined on the assumption that he had full mental capacity at the time but otherwise by reference to the circumstances which existed at that time. Schedule 4 Transitional Provisions and Savings Parts 1 and 2 Schedule 4 deals with transitional arrangements arising from the repeal of Part 7 of the Mental Health Act 1983 and repeal of the Enduring Powers of Attorney Act 1985. In particular, Part 1 sets out provisions for enabling receivers appointed under the Mental Health Act 1983 to continue. FINANCIAL AND PUBLIC SERVICE MANPOWER EFFECTS The Bill will entail some additional public expenditure. There will be some implementation costs, although we do not anticipate that these will be significant. However, there will also be some additional legal aid costs (for legal help rather than legal representation). Some additional costs, to cover the necessary training of health and social care staff and alterations to relevant Department of Health guidance currently available in this area, will also be needed. SUMMARY OF THE REGULATORY IMPACT ASSESSMENT For the majority of people who will be affected by these proposals, there will be no real cost implications. It is anticipated that the Bill will reflect their own good practice and should not require any significant change or new costs. The costs of compliance for small businesses are likely to be small, though we have not yet quantified these in resource terms. The majority of care and residential homes and providers of care and support, are small businesses. The view of many representatives of care home managers is that they already act in accordance with the intentions of the Bill. The full text of the Partial Regulatory Impact Assessment (RIA) is set out at the end of this document. It assesses the impact in terms of costs, benefits and risks of the proposals in the draft Bill and the other options considered that