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| | For other Amendment(s) see the following page(s) of Supplement to Votes:
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| | 1125-26, 1127-30 and 1143-77 |
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| | Mental Health Bill [Lords], As Amended |
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| | Page 23, line 14 [Clause 29], at end insert ‘for a maximum of three years in total.’. |
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| | Page 39, line 20 [Clause 41], at end insert— |
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| | | ‘(4) | In section 135(6) for the words from “means” to the end of that subsection |
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| | | (i) | residential accommodation provided by a local social |
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| | | services authority under Part III of the National |
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| | | Assistance Act 1948 (c. 29), |
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| | | (ii) | a hospital as defined by this Act, |
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| | | (iii) | an independent hospital or care home for mentally |
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| | | (iv) | any other suitable place the occupier of which is willing |
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| | | temporarily to receive the patient or, if, in the |
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| | | circumstances of the case it is impracticable to use any |
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| | | (5) | In section 136 (Mentally disordered persons found in public places) of the 1983 |
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| | | Act after subsection (2) insert— |
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| | | “(3) | Where a police station is used as the place of safety the person may not |
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| | | be detained there for a period longer than 24 hours.”’. |
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| | Page 19, line 24 [Clause 29], at end insert— |
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| | | ‘(c) | the following persons have been consulted about the making of the order |
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| | | under section 17A and the conditions to which the patient is subject |
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| | | (ii) | the nearest relative of the patient; |
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| | | (iii) | any carer who the responsible clinician believes will play a |
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| | | substantial part in the care of the patient after he leaves hospital; |
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| | | (iv) | any person with parental responsibility; and |
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| | | | the responsible clinician has taken into account any views expressed by |
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| | | (d) | in this section “parental responsibility” has the same meaning as in the |
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| | | Children Act 1989 (c. 41).’. |
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| | | Warrant to search for and remove patients |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 135 of the 1983 Act is amended as follows. |
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| | | (2) | In subsection 1(a) leave out “for neglected or kept otherwise than under proper |
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| | | control” and substitute “and neglected”. |
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| | | (3) | After subsection 1(b) insert “or (c) may be in need of treatment or care for his |
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| | | mental disorder and is living in any such place, and, access to that place is |
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| | | necessary for the purpose of establishing whether or not he is in need of treatment |
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| | | or care, and it has not been possible to gain such access without a warrant.”.’. |
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| | To move the following Clause:— |
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| | | ‘( ) | The 1983 Act is amended as follows. |
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| | | ( ) | In section 3 (admission for treatment) after subsection 2(a) insert— |
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| | | “(aa) | that because of his mental disorder, his ability to make decisions about |
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| | | the provision of medical treatment is significantly impaired.”.’. |
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| | Page 63, line 27 [Schedule 3], at end insert— |
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| | | ‘(d) | Where application is made to the tribunal by or in respect of a community |
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| | | patient and the tribunal does not direct that the patient be discharged, the |
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| | | (i) | may recommend that the responsible clinician consider whether |
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| | | to vary or suspend any or all of the conditions imposed under |
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| | | subsections (3)(a), (aa), (c) and (d) above; and |
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| | | (ii) | may further consider the patient’s case if the responsible |
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| | | clinician does not make all or some of the changes |
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| | Page 2, line 24 [Clause 3], leave out from ‘Act’ to end of line 26 and insert ‘after |
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| | | “(2) | Nothing in this section shall be construed to cover paedophilia. |
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| | | (3) | For the purposes of subsection (2) above a person shall not be considered to have |
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| | | a mental disorder as defined in this section solely on the grounds of the |
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| | | (a) | his substance misuse (including dependence upon, or use of, alcohol or |
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| | | (b) | his sexual preference or gender identity; |
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| | | (c) | his commission, or likely commission, of illegal or disorderly acts; |
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| | | (d) | his cultural, religious or political beliefs.”.’. |
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| | Page 26, line 10, leave out Clause 32. |
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| | | Authority to treat community patients |
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| | To move the following Clause:— |
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| | | ‘(1) | The 1983 Act is amended as follows. |
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| | | (2) | In section 58(3), after first “patient”, insert “who is liable to be detained under this |
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| | | (3) | After section 58 of the 1983 Act, insert— |
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| | | “58A | Consent to treatment of community patients |
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| | | (1) | Subject to section 62A below, a community patient who has not been |
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| | | recalled to hospital shall not be given any form of treatment to which this |
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| | | (a) | he has consented to that treatment and either the approved |
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| | | clinician in charge of that treatment or a registered medical |
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| | | practitioner appointed for the purposes of this Part of this Act has |
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| | | certified in writing that the patient is capable of understanding its |
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| | | nature, purpose and likely effect and has consented to it; or |
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| | | (b) | a registered medical practitioner appointed as aforesaid (not |
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| | | being the approved clinician in charge of the treatment in |
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| | | question) has certified in writing that— |
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| | | (i) | the patient is not capable of understanding the nature, |
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| | | purpose or likely effects of that treatment; and |
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| | | (ii) | he has either no reason to believe that the patient objects |
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| | | to being given the treatment, or he does have reason to |
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| | | believe that patient so objects, but it is not necessary to |
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| | | use force against the patient in order to give the |
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| | | (iii) | he is satisfied that the treatment does not conflict with a |
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| | | valid and applicable advance decision, or a decision |
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| | | made by a donee or deputy or the Court of Protection; |
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| | | (iv) | it is appropriate for the treatment to be given. |
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| | | (2) | Where a patient who has been liable to detention under this Act has been |
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| | | administered medication for mental disorder to which this section applies |
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| | | for less than three months prior to becoming a community patient, the |
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| | | period mentioned in section 58(1)(b) above shall be read to extend for no |
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| | | longer than one month beginning with the day on which the community |
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| | | (3) | The Secretary of State may by order vary the length of the period |
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| | | mentioned in subsection (2). |
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| | | (4) | Certification under subsection (1)(b) above may take place whilst a |
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| | | patient remains liable to be detained, but will not come into force until |
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| | | the responsible clinician discharges the patient from detention in hospital |
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| | | under the terms of section 17A(1) above. |
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| | | (5) | Before giving a certificate under section 58(3A)(b) above the registered |
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| | | medical practitioner shall consult two other persons, who have been |
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| | | professionally concerned with the patient’s treatment, but of those |
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| | | (a) | at least one shall be a person who is not a registered medical |
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| | | (b) | neither shall be the patient’s responsible clinician or the |
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| | | approved clinician in charge of the treatment in question. |
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| | | (6) | In section 61(1), leave out “or “58(3)(b)” ” and insert “58(3)(b), or |
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| | | (7) | In section 61(1)(a) after “20(3)”, insert “20A(4)”. |
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| | | (8) | In section 61(3) for “responsible medical officer” substitute “approved |
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| | | clinician in charge of the treatment in questions”. |
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| | | (9) | In section 61(3), leave out “or “58(3)(b)” ” and insert “58(3)(b), or |
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| | | (4) | After section 62(2) insert— |
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| | | “(2A) | Section 62A below shall not preclude the continuation of any treatment |
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| | | or of treatment under any plan pending compliance with section 58 above |
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| | | where a community patient is recalled to hospital or a community |
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| | | treatment order is revoked and |
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| | | (a) | the patient is capable of understanding the nature, purpose and |
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| | | likely effect of that treatment and has consented to it; or |
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| | | (b) | the patient is not capable of understanding its nature, purpose and |
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| | | likely effect of that treatment, but it is not necessary to restrain |
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| | | the patient in order to give the treatment.”. |
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| | | (5) | After section 62 (Urgent Treatment) insert— |
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| | | “62A | Treatment on recall of community patient or revocation or order |
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| | | (1) | This section applies where— |
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| | | (a) | a community patient is recalled to hospital under section 17E |
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| | | (b) | a patient is liable to be detained under this Act following the |
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| | | revocation of a community treatment order under section 17F |
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| | | (2) | Subject to section 62 above, a patient to whom this section applies shall |
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| | | not be given any form of treatment to which section 58 applies without |
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| | | its certification under section 58(3)(e) following that recall or |
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| | | (6) | In section 64 (supplementary provisions for Part IV), after subsection (2) insert— |
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| | | “(3) | In this Part of this Act, references to ‘not capable of understanding the |
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| | | nature, purpose and likely effects of treatment’ are to be read in |
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| | | accordance with the test established at section 3 of the Mental Capacity |
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| | | (4) | References to a donee are to a donee of a lasting power of attorney |
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| | | (within the meaning a section 9 of the Mental Capacity Act 2005) created |
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| | | by a the patient, where the donee is acting within the scope of his |
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| | | authority and in accordance with that Act. |
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| | | (5) | References to a deputy are to a deputy appointed for the patient by the |
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| | | Court of Protection under section 16 of the Mental Capacity Act 2005, |
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| | | where the deputy is acting within the scope of this authority and in |
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| | | accordance with that Act. |
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| | | (6) | Reference to the responsible clinician shall be construed as a reference to |
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| | | the responsible clinician within the meaning of Part 2 of this Act. |
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| | | (7) | For the purpose of this section, a person restrains the patient if he— |
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| | | (a) | uses, or threatens to use, force to require the doing of an act |
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| | | which the patient resists, or |
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| | | (b) | restricts the patients liberty of movement, whether or not the |
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| | | (8) | References to a hospital include a registered establishment.”. |
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| | | (7) | In section 119 (practitioners approved for Part 4 and section 118)— |
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| | | (a) | in subsection (2)(a) for “in a registered establishment” substitute |
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| | | “hospital or registered establishment or any community patient in a |
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| | | hospital or establishment of any description or (if access is granted) other |
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| | | (b) | in subsection (2)(b), leave out “in that home” and insert “there”, |
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| | | (c) | after subsection (2) insert— |
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| | | “(3) | In this section ‘establishment of any description’ shall be |
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| | | construed in accordance with section 4(8) of the Care Standards |
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| | | Authority to treat community patients (Mental Capacity Act) |
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| | To move the following Clause:— |
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| | | ‘(1) | The Mental Capacity Act 2005 (c. 9), is amended as follows. |
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| | | (2) | In section 28 (Mental Health Act matters) after subsection (1) insert “(1A) |
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| | | Section 5 does not apply to an act to which section 58A of the Mental Health Act |
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| | Page 5, line 37 [Clause 9], at end insert— |
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| | | ‘( ) | In subsection (3), leave out from end of paragraph (b) to end of subsection and |
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| | | “(3A) | Where a report under subsection (3) above is furnished in respect of a |
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| | | patient the managers shall arrange for an approved clinician who is a |
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| | | member of a different profession to that of the responsible clinician to |
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| | | (3B) | If it appears to him that the conditions set out in subsection (4) below are |
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| | | satisfied the approved clinician shall furnish to the managers of the |
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| | | hospital where the patient is detained a report to that effect in the |
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| | | prescribed form and where such a report is furnished in respect of a |
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| | | patient the managers shall, unless they discharge the patient, cause him |
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| | Page 5, line 40 [Clause 9], at end insert— |
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| | | ‘( ) | After subsection (4) insert— |
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| | | “(4A) | At least one of the two clinicians mentioned in subsection (3) must be |
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| | | qualified by training and experience to provide objective medical |
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| | | expertise of mental disorder. |
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| | | (4B) | Objective medical expertise of mental disorder shall have the same |
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| | | meaning as in Winterwerp v The Netherlands (1979-80) 2 EHRR 387.”.’. |
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