Amendment Paper as at
Friday 23rd July 1999
CONSIDERATION OF BILL
MENTAL HEALTH (AMENDMENT) (SCOTLAND) BILL
NEW CLAUSES
Report to Mental Welfare Commission
Mr David Maclean
Mr Eric Forth
NC1
To move the following Clause:—
'(1) Where the managers of a hospital exercise their powers under subsection (3A) of section 94 of the Mental Health (Scotland) Act 1984, they shall submit regular reports in writing to the Mental Welfare Commission about the discharge of the powers under that section.
(2) A report under subsection (1) shall be submitted no later than 18 months after the discharge from hospital of the patient concerned, and thereafter on an annual basis, until such time as either—
(a) the patient is considered by the medical officer in charge of his case to be capable of adequately managing and administering his property and affairs; or
(b) a curator bonis is appointed in respect of that person.
(3) Any report submitted under subsection (1) above shall be made available on application to any person who, in the judgement of the Mental Welfare Commission, has a legitimate interest in its contents.'.
Commencement
Mr David Maclean
Mr Eric Forth
NC2
To move the following Clause:—
'No provision of this Act shall have effect unless affirmed by a majority resolution of the Scottish Parliament.'.
Boundaries
Mr David Maclean
Mr Eric Forth
NC3
To move the following Clause:—
'Subsection (3A) of section 94 of the Mental Health (Scotland) Act 1984 (powers of hospital managers in relation to property of patients) shall only have effect if the patient's normal place of residence lies within the boundaries of the health board of the hospital from which he is discharged.'.
Right of appeal
Mr David Maclean
Mr Eric Forth
NC4
To move the following Clause:—
'( ) Any person shall have the right to appeal to the Mental Welfare Commission against—
(a) the holding by the managers of a hospital of money and valuables on behalf of a person under section 93(3A) of the Mental Health (Amendment) Act 1984; or
(b) the expenditure of money or disposal of valuables in pursuance of section 93(3) of that Act.
(2) Where the Commission upholds the grounds of such an appeal, it shall determine what recompense shall be payable by the hospital to the patient concerned.'.
Mr David Maclean
Mr Eric Forth
2
Page 1, line 8 [Clause 1], after 'may', insert ', for a period not exceeding five years following the discharge of the patient,'.
Mr David Maclean
3
Page 1 [Clause 1], leave out lines 9 to 11 and insert—
'(a) hold, and receive interest accruing thereon, money, other financial assets and investments, and valuables on behalf of a person in pursuance of subsection (1) of this section, and'.
Mr David Maclean
Mr Eric Forth
1
Page 1, line 16 [Clause 1], at end insert—
'( ) The managers of a hospital may exercise their powers under this section until such time as either—
(a) the patient is considered by the medical officer in charge of his case to be capable of adequately managing and administering his property and affairs; or
(b) a curator bonis is appointed in respect of that person.
( ) Any person may at any time request that the patient's ability to manage and administer his property and affairs be reviewed by the medical officer in charge of the case.'.
Mr David Maclean
4
Page 1, line 16 [Clause 1], at end insert—
'(3B) If the value of other financial assets and investments and valuables held by the managers of a hospital under the provisions of subsection (3A) of this section exceeds £5,000 then the administration of the patient's financial portfolio shall be passed to an independent financial adviser or professional, or curator bonis appointed by the Mental Welfare Commission for Scotland.'.
Mr David Maclean
5
Page 1, line 16 [Clause 1], at end insert—
'(3C) For the purposes of subsections (3A) and (3B) of this section—
(a) "money" shall include bank notes and coins and sums deposited in a bank or building society account;
(b) "other financial assets and investments" shall include stocks, shares, Government bonds, personal equity plans, tax exempt special savings Accounts, individual savings accounts, unit trusts, corporate bonds, pension funds and life assurance;
(c) "money", "other financial assets and investments" and "valuables" shall include sums and items inherited by the patient when resident in hospital or subsequent to discharge from hospital.'.
Mr David Maclean
6
Page 1, line 19 [Clause 2], leave out 'two months' and insert 'one month'.
Mr Eric Forth
7
Page 1, line 19 [Clause 2], leave out 'two' and insert 'six'.
