Mental Health Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Mental Health Bill [HL]

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 1 — Changes to key provisions
1

[NOTE: The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
A
Bill
To
Amend the Mental Health Act 1983 and the Mental Capacity Act 2005 in
relation to mentally disordered persons; and for connected purposes.
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:—
Part 1
Amendments to Mental Health Act 1983
Chapter 1
Changes to key provisions
Mental disorder
5
1
Removal of categories of mental disorder
(1)
Section 1(2) of the 1983 Act (key definitions) is amended as set out in
subsections (2) and (3).
(2)
For the definitions of “mental disorder” and “mentally disordered”
substitute—
10
““mental disorder” means any disorder or disability of the mind;
and
“mentally disordered” shall be construed accordingly;”.
(3)
The following definitions are omitted—
(a)
those of “severe mental impairment” and “severely mentally
15
impaired”,
(b)
those of “mental impairment” and “mentally impaired”, and
(c)
that of “psychopathic disorder”.
(4)
Schedule 1 (which contains further amendments to the 1983 Act and
amendments to other Acts) has effect.
20

Bill 76 54/2

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 1 — Changes to key provisions
2

2
Learning disability
(1)
Section 1 of the 1983 Act (application of Act) is amended as follows.
(2)
After subsection (2) insert—
“(2A)
But a person with learning disability shall not be considered by reason
of that disability to be—
5
(a)
suffering from mental disorder for the purposes of the
provisions mentioned in subsection (2B) below; or
(b)
requiring treatment in hospital for mental disorder for the
purposes of sections 17E and 50 to 53 below,

unless that disability is associated with abnormally aggressive or
10
seriously irresponsible conduct on his part.
(2B)
The provisions are—
(a)
sections 3, 7, 17A, 20 and 20A below;
(b)
sections 35 to 38, 45A, 47, 48 and 51 below; and
(c)
section 72(1)(b) and (c) and (4) below.”
15
(3)
After subsection (3) insert—
“(4)
In subsection (2A) above, “learning disability” means a state of arrested
or incomplete development of the mind which includes significant
impairment of intelligence and social functioning.”
3
Changes to exclusions from operation of 1983 Act
20
In section 1 of the 1983 Act (application of Act), for subsection (3) substitute—
“(3)
For the purposes of subsection (2) above, a person shall not be
considered to have a mental disorder as defined in this section solely on
the grounds of—
(a)
his substance misuse (including dependence upon, or use of,
25
alcohol or drugs);
(b)
his sexual identity or orientation;
(c)
his commission, or likely commission, of illegal or disorderly
acts;
(d)
his cultural, religious or political beliefs.”
30
Tests for detention etc
4
Impaired decision making: admission for assessment and treatment
(1)
The 1983 Act is amended as follows.
(2)
In section 2 (admission for assessment), after subsection (2)(a) insert—
“(aa)
because of his mental disorder, his ability to make decisions
35
about the provision of medical treatment is significantly
impaired;”.
(3)
In section 3 (admission for treatment), after subsection (2)(a) insert—
“(aa)
because of his mental disorder, his ability to make decisions
about the provision of medical treatment is significantly
40
impaired;”.

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 1 — Changes to key provisions
3

5
Replacement of “treatability” and “care” tests with appropriate treatment test
(1)
The 1983 Act is amended as follows.
(2)
In section 3 (admission for treatment)—
(a)
in subsection (2), omit paragraph (b) (and the word “and” at the end of
that paragraph),
5
(b)
in that subsection, after paragraph (c) insert “; and
(d)
appropriate medical treatment is available for him.”,
and
(c)
in subsection (3)(a), for “(b)” substitute “(d)”.
(3)
In that section, after subsection (3) insert—
10
“(4)
In this Act, references to appropriate medical treatment, in relation to a
person suffering from mental disorder, are references to medical
treatment which is likely to alleviate or prevent a deterioration in his
condition.”
(4)
In section 20 (renewal of authority to detain), in subsection (4)—
15
(a)
omit paragraph (b) (and the word “and” at the end of that paragraph),
(b)
after paragraph (c) insert “and
(d)
appropriate medical treatment is available for him.”,
and
(c)
omit the words from “but, in the case of mental illness” to the end.
20
(5)
In section 37(2) (conditions for exercise of powers of court to order hospital
admission or guardianship), in paragraph (a)(i), for the words from “, in the
case of psychopathic disorder” to the end substitute “appropriate medical
treatment is available for him; or”.
(6)
In section 45A(2) (conditions for exercise of powers of court to direct hospital
25
admission), for paragraph (c) substitute—
“(c)
that appropriate medical treatment is available for him.”
(7)
In section 47(1) (conditions for exercise of Secretary of State’s powers to direct
removal to hospital), in paragraph (b), for the words from “and, in the case of
psychopathic disorder” to the end substitute “; and
30
(c)
that appropriate medical treatment is available for him;”.
(8)
In section 72—
(a)
in subsection (1)(b) (powers of tribunal to direct discharge of patient
not liable to be detained under section 2), after sub-paragraph (ii)
insert—
35
“(iia)
that appropriate medical treatment is available
for him; or”, and
(b)
omit subsection (2).
(9)
In section 73(1) (powers of tribunal to direct discharge of restricted patients), in
paragraph (a), for “or (ii)” substitute “, (ii) or (iia)”.
40
(10)
In section 145 (interpretation), after subsection (1AA) insert—
“(1AB)
References in this Act to appropriate medical treatment shall be
construed in accordance with section 3(4) above.”

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 1 — Changes to key provisions
4

6
Renewal of detention
(1)
Section 20 of the 1983 Act (duration of authority) is amended as follows.
(2)
In subsection (3), after paragraph (a), insert—
“(aa)
to arrange for the patient to be examined by—
(i)
the registered medical practitioner who has been
5
professionally concerned with the medical treatment of
the patient; or
(ii)
if no such practitioner is available, a registered medical
practitioner who is an approved clinician, and”.
(3)
In subsection (3)(b) for “if it appears to him that the conditions set out in
10
subsection (4) below are satisfied, to” substitute “if the responsible clinician
and the medical practitioner agree that the requirements of subsection (4) are
satisfied the responsible clinician shall”.
7
Further cases in which appropriate treatment test is to apply
(1)
The 1983 Act is amended as follows.
15
(2)
In section 36(1) (remand to hospital for treatment) after paragraph (a) (inserted
by Schedule 1 to this Act) insert “and
(b)
appropriate medical treatment is available for him.”
(3)
In section 48(1) (removal to hospital of immigration detainees etc) after
paragraph (b) (inserted by Schedule 1 to this Act) insert “and
20
(c)
appropriate medical treatment is available for him;”.
(4)
In section 51(6)(a) (further power to make hospital order) after sub-paragraph
(i) (inserted by Schedule 1 to this Act) insert “and
(ii)
appropriate medical treatment is available for him;
and”.
25
Medical treatment
8
Appropriate treatment test in Part 4 of 1983 Act
(1)
Part 4 of the 1983 Act (consent to treatment) is amended as follows.
(2)
In section 64 (supplementary provisions for Part 4), after subsection (2) insert—
“(3)
For the purposes of this Part of this Act, it is appropriate for treatment
30
to be given to a patient if the treatment is likely to alleviate or prevent
a deterioration in his condition.”
9
Change in definition of “medical treatment”
In section 145(1) of the 1983 Act (interpretation), in the definition of “medical
treatment”, for the words from “and also” to the end substitute “psychological
35
intervention and specialist mental health habilitation, rehabilitation and care;”.