division_name: Mental Capacity (Amendment) Bill [HL] - <i>Commons Amendments</i> &#8212; Amendment to the Motion
motion: <p class="italic" pid="b105.1/1" pwmotiontext="unrecognized">Moved by Baroness Tyler of Enfield</p>
  
  <p class="italic" pid="b105.1/3" pwmotiontext="unrecognized">1B: Before Clause 1, insert the following new Clause&#8212;&#8220;Meaning of deprivation of liberty(1) After section 4 of the Mental Capacity Act 2005 insert&#8212;&#8220;4ZA Meaning of deprivation of liberty  (1) A person is deprived of liberty if the circumstances described in subsection (2) apply to them.(2) A person is deprived of liberty if they&#8212;(a) are subject to confinement in a particular place for more than a negligible period of time; and(b) have not given valid consent to their confinement; and(c) the arrangements are due to an action of a person or body responsible to the state.(3) For the purpose of subsection (2)(a), a person is subject to confinement where they&#8212;(a) are prevented from removing themselves permanently from the place in which they are required to reside, in order to live where and with whom they choose; and(b) are subject to continuous supervision and control.&#8221;(2) In section 64(5) of that Act (interpretation) for the words from &#8220;same&#8221; to the end substitute &#8220;meaning given by section 4ZA.&#8221;&#8221;</p>
  
  <p pid="b113.0/3" pwmotiontext="yes">Ayes 232, Noes 223.</p>