New Clause 20: Terminally Ill Adults (End of Life) Bill
New Clause 20 - Guidance about operation of Act
“(1) The Secretary of State must issue guidance relating to the operation of this Act.
(2) The guidance need not (but may) relate to matters about which the Welsh Ministers may issue guidance under subsection (4) (‘Welsh devolved matters’).
(3) Before issuing guidance under subsection (1), the Secretary of State must consult—
(a) the Chief Medical Officer for England,
(b) the Chief Medical Officer for Wales,
(c) such persons with learning disabilities and other persons who have protected characteristics as the Secretary of State considers appropriate,
(d) such persons appearing to represent providers of health or care services, including providers of palliative or end of life care, as the Secretary of State considers appropriate,
(e) if any part of the guidance relates to Welsh devolved matters, the Welsh Ministers, and
(f) such other persons as the Secretary of State considers appropriate.
(4) The Welsh Ministers may issue guidance relating to the operation of this Act in Wales, but the guidance must only be about matters within devolved competence.
(5) For this purpose, a matter is ‘within devolved competence’ if provision about it would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd.
(6) Before issuing guidance under subsection (4), the Welsh Ministers must consult—
(a) the Chief Medical Officer for Wales,
(b) the Secretary of State,
(c) such persons with learning disabilities and other persons who have protected characteristics as the Welsh Ministers consider appropriate,
(d) such persons appearing to represent providers of health or care services, including providers of palliative or end of life care, as the Welsh Ministers consider appropriate, and
(e) such other persons as the Welsh Ministers consider appropriate.
(7) When preparing guidance under this section, an appropriate national authority must have regard to the need to provide practical and accessible information, advice and guidance to—
(a) persons (including persons with learning disabilities) requesting or considering requesting assistance to end their own lives;
(b) the next of kin and families of such persons;
(c) the general public.
(8) An appropriate national authority must publish any guidance issued under this section.
(9) In this section—
‘appropriate national authority’ means the Secretary of State or the Welsh Ministers;
‘protected characteristics’ has the same meaning as in Part 2 of the Equality Act 2010 (see section 4 of that Act).”—(Kim Leadbeater.)