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| | Page 14, line 23 [Clause 22], at end insert— |
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| | | ‘(c) | an approved clinician shall not make a report for the purposes of renewal |
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| | | of detention under section 20’. |
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| | Page 19, line 27 [Clause 29], leave out paragraphs (b) to (d) and insert— |
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| | | ‘(b) | if the patient is not under Part III of the Act, (a patient concerned in |
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| | | criminal proceedings or under sentence), the patient’s ability to make |
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| | | decisions about the provision of medical treatment is significantly |
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| | | impaired because of his mental disorder; |
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| | | (i) | the protection of others from serious harm, or |
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| | | (ii) | the protection of the patient from suicide or serious harm to |
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| | | himself that he should receive treatment for his mental disorder; |
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| | | (d) | subject to his being liable to be recalled to hospital for medical treatment |
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| | | such treatment can be provided without his continuing to be detained in |
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| | | (e) | the patient has on at least one occasion within five years previous to the |
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| | | present admission under section 3 refused to accept medical treatment for |
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| | | (i) | when appropriate medical treatment has been refused there has |
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| | | been a significant relapse in his mental or physical condition |
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| | | justifying compulsory admission to hospital; (whether or not |
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| | | there has been such an admission); and |
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| | | (ii) | medical treatment was then provided to him which alleviated or |
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| | | prevented a worsening of his condition, its symptoms or other |
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| | | manifestations of his condition. |
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| | | (f) | it is necessary for the protection of others from serious harm, or the |
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| | | protection of the patient from suicide or serious harm to himself, that he |
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| | | should be liable to be recalled to hospital for medical treatment; and”.’. |
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| | Page 29, line 2 [Clause 32], leave out ‘or 64G’. |
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| | Page 29, line 28 [Clause 32], leave out ‘or 64E(6)(b)’. |
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| | Page 29, line 22 [Clause 32], leave out from ‘treatment’ to end of line 22. |
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| | Page 24, line 15, leave out Clause 30. |
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| | | Treatment requiring consent (period of time since administration of treatment) |
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| | To move the following Clause:— |
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| | | ‘(1) | Section 58 of the 1983 Act is amended as follows. |
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| | | (2) | In subsection (1)(b) leave out “three months” and insert “two months”.’. |
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| | Page 19, line 24 [Clause 29], at end insert— |
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| | | ‘(c) | after subsection (3) insert— |
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| | | “(4) | Subsections (1)(b), (c) and (d) above shall not apply if the |
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| | | treatment is electro-convulsive therapy.”.’. |
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| | Page 4, line 34 [Clause 8], at end insert— |
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| | | ‘(i) | physical health of the patient’. |
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| | Page 20, line 33 [Clause 29], at end insert— |
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| | | ‘(8) | A community patient or his nearest relative may make an application to the |
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| | | Mental Health Review Tribunal to vary or suspend any or all of the conditions |
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| | | imposed under subsection (3)(a), (aa), (c) and (d) above within the relevant period |
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| | | or if substantial variations have been made by the responsible clinician under |
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| | | (9) | In subsection 8 above “the relevant period” means— |
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| | | (i) | six months beginning with the day on which the community treatment |
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| | | (ii) | the period or periods for which the community treatment period is |
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| | | extended by virtue of the report. |
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| | | (10) | Where application is made to a Mental Health Review Tribunal by or in respect |
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| | | of a community patient under subsection (8) above the tribunal— |
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| | | (i) | may recommend that the responsible clinician consider whether to vary |
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| | | or suspend any or all of the conditions imposed under subsections 3(a), |
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| | | (aa), (c) and (d) above; and |
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| | | (ii) | may further consider the patient’s case if the responsible clinician does |
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| | | not make all or some of the changes recommended. |
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| | | (11) | Nothing in this section restricts the power to make applications to tribunals under |
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| | | Independent mental health advocates |
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| | To move the following Clause:— |
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| | | ‘(1) | Part 10 of the 1983 Act (miscellaneous and supplementary) is amended as |
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| | | (2) | Before section 131 insert— |
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| | | “130A | Independent mental health advocates |
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5 | | (1) | The appropriate national authority shall make such arrangements as it |
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| | | considers reasonable to enable persons (“independent mental health |
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| | | advocates”) to be available to help qualifying patients. |
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| | | (2) | The appropriate national authority may by regulations make provision as |
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| | | to the appointment of persons as independent mental health advocates. |
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10 | | (3) | The regulations may, in particular, provide— |
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| | | (a) | that a person may act as an independent mental health advocate |
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| | | only in such circumstances, or only subject to such conditions, as |
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| | | may be specified in the regulations; |
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| | | (b) | for the appointment of a person as an independent mental health |
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15 | | advocate to be subject to approval in accordance with the |
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| | | (4) | In making arrangements under this section, the appropriate national |
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| | | authority shall have regard to the principle that any help available to a |
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| | | patient under the arrangements should, so far as practicable, be provided |
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20 | | by a person who is independent of any person who is professionally |
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| | | concerned with the patient’s medical treatment. |
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| | | (5) | For the purposes of subsection (4) above, a person is not to be regarded |
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| | | as professionally concerned with a patient’s medical treatment merely |
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| | | because he is representing him in accordance with arrangements— |
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25 | | (a) | under section 35 of the Mental Capacity Act 2005; or |
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| | | (b) | of a description specified in regulations under this section. |
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| | | (6) | Arrangements under this section may include provision for payments to |
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| | | be made to, or in relation to, persons carrying out functions in accordance |
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30 | | (7) | Regulations under this section— |
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| | | (a) | may make different provision for different cases; |
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| | | (b) | may make provision which applies subject to specified |
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| | | (c) | may include transitional, consequential, incidental or |
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35 | | |
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