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A

BILL

TO

Make further provision about discrimination against people on the grounds of
their mental health.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Members of Parliament etc.

(1) Section 141 of the Mental Health Act 1983 (disqualification of MPs and
members of devolved bodies on grounds of mental illness) is repealed.

(2) Any rule of the common law which disqualifies a person from membership of
5the House of Commons on grounds of mental illness is abolished.

(3) The Schedule (which includes amendments and repeals consequential on
subsection (1)) has effect.

2 Jurors

(1) In section 1 of the Juries Act 1974 (qualification for jury service)—

(a) 10in subsection (1), omit paragraph (c) (but not the “and” after it),

(b) omit subsection (2), and

(c) in subsection (3), for “Part 2 of that Schedule” substitute “Schedule 1”.

(2) In Schedule 1 to that Act (the title to which becomes “Persons Disqualified for
Jury Service”, with the title to Part 1 becoming “Persons subject to Mental
15Health Act 1983 or Mental Capacity Act 2005” and the title to Part 2 becoming
“Other Persons Disqualified for Jury Service”), for paragraph 1 substitute—

1 A person for the time being liable to be detained under the Mental
Health Act 1983.

1A A person for the time being resident in a hospital on account of
20mental disorder as defined by the Mental Health Act 1983.

Mental Health (Discrimination) (No. 2) BillPage 2

3 Company directors

(1) In the Companies (Model Articles) Regulations 2008 (S.I. 2008/3229S.I. 2008/3229), omit the
following provisions (model articles of association: termination of director’s
appointment on grounds of mental health)—

(a) 5in Schedule 1, paragraph 18(e),

(b) in Schedule 2, paragraph 18(e), and

(c) in Schedule 3, paragraph 22(e).

(2) In the RTM Companies (Model Articles) (England) Regulations 2009 (S.I. 2009/
2767), in the Schedule, omit paragraph 23(e) (model articles of association:
10termination of director’s appointment on grounds of mental health).

(3) In the RTM Companies (Model Articles) (Wales) Regulations 2011 (S.I. 2011/
2680), omit the following provisions (model articles of association: termination
of director’s appointment on grounds of mental health)—

(a) in Schedule 1, paragraph 23(e), and

(b) 15in Schedule 2, paragraph 23(d).

4 Commencement, extent and short title

(1) Sections 1 and 3 come into force at the end of two months beginning with the
day on which this Act is passed.

(2) Section 2 comes into force on such day as the Secretary of State may by order
20made by statutory instrument appoint; and an order under this subsection may
include savings or transitional provisions.

(3) An amendment, repeal or revocation made by this Act has the same extent as
the provision amended, repealed or revoked.

(4) The other provisions of this Act extend to England and Wales, Scotland and
25Northern Ireland.

(5) This Act may be cited as the Mental Health (Discrimination) (No. 2) Act 2012.

Mental Health (Discrimination) (No. 2) BillPage 3

Section 1

Schedule Section 1(1): consequential amendments and repeals

Mental Health Act 1983

1 (1) In section 145(1) of the Mental Health Act 1983 (interpretation), in the
5definition of “mental disorder”, for “sections 86(4) and 141(6B)” substitute
“section 86(4)”.

(2) In section 146 of that Act (application to Scotland), omit “141,”.

(3) In section 147 of that Act (application to Northern Ireland), omit “141,”.

Scotland Act 1998

2 (1) 10In section 17 of the Scotland Act 1998 (disqualification from membership of
the Scottish Parliament), in subsection (4)—

(a) omit “section 141 of the Mental Health Act 1983 (mental illness) and”,
and

(b) for “either of those sections” substitute “that section”.

(2) 15In Schedule 8 to that Act, omit paragraph 19 and the preceding cross-
heading.

Government of Wales Act 1998

3 In Schedule 12 to the Government of Wales Act 1998, omit paragraph 23.

Northern Ireland Act 1998

4 (1) 20In section 37 of the Northern Ireland Act 1998 (disqualification from
membership of the Northern Ireland Assembly), in subsection (4)—

(a) omit “section 141 of the Mental Health Act 1983 (mental illness) and”,
and

(b) for “either of those sections” substitute “that section”.

(2) 25In Schedule 13 to that Act, omit paragraph 5(3).

Government of Wales Act 2006

5 (1) In section 18 of the Government of Wales Act 2006 (disqualification from
membership of the National Assembly for Wales)—

(a) in subsection (5), omit paragraph (a), and

(b) 30in subsection (6), for “a provision” substitute “the provision”.

(2) In Schedule 10 to that Act, omit paragraph 13 and the preceding cross-
heading.

Mental Health (Discrimination) (No. 2) BillPage 4

Mental Health Act 2007

6 (1) In Schedule 1 to the Mental Health Act 2007 (categories of mental disorder),
omit paragraph 16.

(2) In Schedule 3 to that Act (supervised community treatment), omit
5paragraph 33 and the preceding cross-heading.

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