Mental Health Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Mental Health Bill [HL]

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
12

19
Regulations as to approvals in relation to England and Wales
After section 142 of the 1983 Act, insert—
“142A
Regulations as to approvals in relation to England and Wales
The Secretary of State jointly with the Welsh Ministers may by
regulations make provision as to the circumstances in which—
5
(a)
a practitioner approved for the purposes of section 12 above, or
(b)
a person approved to act as an approved clinician for the
purposes of this Act,
approved in relation to England is to be treated, by virtue of his
approval, as approved in relation to Wales too, and vice versa.”
10
Approved mental health professionals
20
Approved mental health professionals
For section 114 of the 1983 Act (appointment of approved social workers) and
the cross-heading immediately above it substitute—
“Approved mental health professionals
15
114
Approval by local social services authority
(1)
A local social services authority may approve a person to act as an
approved mental health professional for the purposes of this Act.
(2)
But a local social services authority may not approve a registered
medical practitioner to act as an approved mental health professional.
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(3)
Before approving a person under subsection (1) above, a local social
services authority shall be satisfied that he has appropriate competence
in dealing with persons who are suffering from mental disorder.
(4)
The appropriate national authority may by regulations make provision
in connection with the giving of approvals under subsection (1) above.
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(5)
The provision which may be made by regulations under subsection (4)
above includes, in particular, provision as to—
(a)
the period for which approvals under subsection (1) above have
effect;
(b)
the courses to be undertaken by persons before such approvals
30
are to be given and during the period for which such approvals
have effect;
(c)
the conditions subject to which such approvals are to be given;
and
(d)
the factors to be taken into account in determining whether
35
persons have appropriate competence as mentioned in
subsection (3) above.
(6)
Provision made by virtue of subsection (5)(b) above may relate to
courses approved or provided by such person as may be specified in
the regulations (as well as to courses approved under section 114A
40
below).

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
13

(7)
An approval by virtue of subsection (6) above may be in respect of a
course in general or in respect of a course in relation to a particular
person.
(8)
The power to make regulations under subsection (4) above includes
power to make different provision for different cases or areas.
5
(9)
In this section “the appropriate national authority” means—
(a)
in relation to persons who are or wish to become approved to
act as approved mental health professionals by a local social
services authority whose area is in England, the Secretary of
State;
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(b)
in relation to persons who are or wish to become approved to
act as approved mental health professionals by a local social
services authority whose area is in Wales, the Welsh Ministers.
(10)
In this Act “approved mental health professional” means—
(a)
in relation to acting on behalf of a local social services authority
15
whose area is in England, a person approved under subsection
(1) above by any local social services authority whose area is in
England, and
(b)
in relation to acting on behalf of a local social services authority
whose area is in Wales, a person approved under that
20
subsection by any local social services authority whose area is
in Wales.”
21
Approval of courses etc for approved mental health professionals
After section 114 of the 1983 Act insert—
“114A
Approval of courses etc for approved mental health professionals
25
(1)
The relevant Council may, in accordance with rules made by it,
approve courses for persons who are or wish to become approved
mental health professionals.
(2)
For that purpose—
(a)
subsections (2) to (4)(a) and (7) of section 63 of the Care
30
Standards Act 2000 apply as they apply to approvals given,
rules made and courses approved under that section; and
(b)
sections 66 and 71 of that Act apply accordingly.
(3)
In subsection (1), “the relevant Council” means—
(a)
in relation to persons who are or wish to become approved to
35
act as approved mental health professionals by a local social
services authority whose area is in England, the General Social
Care Council;
(b)
in relation to persons who are or wish to become approved to
act as approved mental health professionals by a local social
40
services authority whose area is in Wales, the Care Council for
Wales.
(4)
The functions of an approved mental health professional shall not be
considered to be relevant social work for the purposes of Part 4 of the
Care Standards Act 2000.
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Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
14

(5)
The General Social Care Council and the Care Council for Wales may
also carry out, or assist other persons in carrying out, research into
matters relevant to training for approved mental health professionals.”
22
Amendment to section 62 of Care Standards Act 2000
In section 62 of the Care Standards Act 2000 (c. 14) (codes of practice), after
5
subsection (1) insert—
“(1A)
The codes may also lay down standards of conduct and practice
expected of social workers when carrying out the functions of an
approved mental health professional (as defined in section 114 of the
Mental Health Act 1983).”
10
23
Approved mental health professionals: further amendments
Schedule 2 (which contains amendments in connection with section 20) has
effect.
24
Children and young people
After section 142A of the 1983 Act (inserted by section 19 of this Act) insert—
15
“142B
Admission to age appropriate setting
In the case of an application for admission for assessment and
treatment for a mental disorder, whether voluntary or not, in the case
of any child or young person under the age of 18 years, a clinician with
specialist training in child or adolescent mental health shall assess the
20
needs of the child or young person and a PCT or equivalent health
board shall provide for such services and accommodation as are
sufficient for the particular needs of that child or young person.
142C
Medical assessment by a CAMHS specialist prior to imposition of
compulsion for a child or young person
25
In the case of a minor under the age of 18, who is admitted for
assessment under section 2 or admitted for treatment under section 3,
one recommendation as specified in these sections shall, except in an
emergency where no child or adolescent mental health specialist is
available, be made by a qualified child and adolescent registered
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medical practitioner.
142D
Clinical supervisor
Whenever under any provision of this Act a responsible clinician is to
be appointed if the patient is a minor under 18 that clinician shall,
except in an emergency where no child and adolescent mental health
35
specialist is available, be a child and adolescent mental health
specialist.”
Conflicts of interest in professional roles
25
Conflicts of interest
(1)
The 1983 Act is amended as follows.
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Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
15

(2)
In section 11 (general provisions as to applications), after subsection (1)
insert—
“(1A)
No application mentioned in subsection (1) above shall be made by an
approved mental health professional if the circumstances are such that
there would be a potential conflict of interest for the purposes of
5
regulations under section 12A below.”
(3)
In section 12 (general provisions as to medical recommendations), in
subsection (1), after “this Part of this Act” insert “or a guardianship
application”.
(4)
In that section, for subsections (3) to (7) substitute—
10
“(3)
No medical recommendation shall be given for the purposes of an
application mentioned in subsection (1) above if the circumstances are
such that there would be a potential conflict of interest for the purposes
of regulations under section 12A below.”
(5)
After that section insert—
15
“12A
Conflicts of interest
(1)
The appropriate national authority may make regulations as to the
circumstances in which there would be a potential conflict of interest
such that—
(a)
an approved mental health professional shall not make an
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application mentioned in section 11(1) above;
(b)
a registered medical practitioner shall not give a
recommendation for the purposes of an application mentioned
in section 12(1) above.
(2)
Regulations under subsection (1) above may make—
25
(a)
provision for the prohibitions in paragraphs (a) and (b) of that
subsection to be subject to specified exceptions;
(b)
different provision for different cases; and
(c)
transitional, consequential, incidental or supplemental
provision.
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(3)
In subsection (1) above, “the appropriate national authority” means—
(a)
in relation to applications in which admission is sought to a
hospital in England or to guardianship applications in respect
of which the area of the relevant local social services authority
is in England, the Secretary of State;
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(b)
in relation to applications in which admission is sought to a
hospital in Wales or to guardianship applications in respect of
which the area of the relevant local social services authority is in
Wales, the Welsh Ministers.
(4)
References in this section to the relevant local social services authority,
40
in relation to a guardianship application, are references to the local
social services authority named in the application as guardian or (as the
case may be) the local social services authority for the area in which the
person so named resides.”
(6)
In section 13 (duty to make applications for admission or guardianship), in
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subsection (5), after “section 11(4) above” insert “or of regulations under
section 12A above”.

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 3 — Safeguards for patients
16

Chapter 3
Safeguards for patients
Patient’s nearest relative
26
Extension of power to appoint acting nearest relative
(1)
Section 29 of the 1983 Act (appointment by court of acting nearest relative) is
5
amended as follows.
(2)
In subsection (1), for the words from “the applicant” to the end substitute “the
person specified in the order”.
(3)
After subsection (1) insert—
“(1A)
If the court decides to make an order on an application under
10
subsection (1) above, the following rules have effect for the purposes of
specifying a person in the order—
(a)
if a person is nominated in the application to act as the patient’s
nearest relative and that person is, in the opinion of the court, a
suitable person to act as such and is willing to do so, the court
15
shall specify that person (or, if there are two or more such
persons, such one of them as the court thinks fit);
(b)
otherwise, the court shall specify such person as is, in its
opinion, a suitable person to act as the patient’s nearest relative
and is willing to do so.”
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(4)
In subsection (2)—
(a)
after “on the application of—” insert—
“(za)
the patient;”, and
(b)
omit the words from “but in relation to” to the end.
(5)
In subsection (3)—
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(a)
in paragraph (c) omit the word “or” at the end of the paragraph, and
(b)
after paragraph (d) insert “; or
(e)
that the nearest relative of the patient is otherwise not a
suitable person to act as such.”
(6)
In subsection (5), for “(3)(a) or (b)” substitute “(3)(a), (b) or (e)”.
30
27
Discharge and variation of orders appointing nearest relative
(1)
Section 30 of the 1983 Act (discharge and variation of orders under section 29)
is amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (a), after “in any case, by” insert “the patient or”, and
35
(b)
in paragraph (b), for “or paragraph (b)” substitute “, (b) or (e)”.
(3)
After that subsection insert—
“(1A)
But, in the case of an order made on the ground specified in paragraph
(e) of section 29(3) above, an application may not be made under
subsection (1)(b) above by the person who was the nearest relative of
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Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 3 — Safeguards for patients
17

the patient when the order was made except with leave of the county
court.”
(4)
In subsection (2)—
(a)
after “or on the application of” insert “the patient or of”, and
(b)
for the words from “for the first-mentioned person” to the end
5
substitute “another person for the person having those functions”.
(5)
After that subsection insert—
“(2A)
If the court decides to vary an order on an application under subsection
(2) above, the following rules have effect for the purposes of
substituting another person—
10
(a)
if a person is nominated in the application to act as the patient’s
nearest relative and that person is, in the opinion of the court, a
suitable person to act as such and is willing to do so, the court
shall specify that person (or, if there are two or more such
persons, such one of them as the court thinks fit);
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(b)
otherwise, the court shall specify such person as is, in its
opinion, a suitable person to act as the patient’s nearest relative
and is willing to do so.”
(6)
In subsection (4), for the words from “An order under” to “period is specified”
substitute “An order made on the ground specified in paragraph (c) or (d) of
20
section 29(3) above shall, unless previously discharged under subsection (1)
above, cease to have effect as follows”.
(7)
After subsection (4A) (inserted by Schedule 3 to this Act) insert—
“(4B)
An order made on the ground specified in paragraph (a), (b) or (e) of
section 29(3) above shall—
25
(a)
if a period was specified under section 29(5) above, cease to
have effect on expiry of that period, unless previously
discharged under subsection (1) above;
(b)
if no such period was specified, remain in force until it is
discharged under subsection (1) above.”
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28
Restriction of nearest relative’s right to apply to tribunal
In section 66 of the 1983 Act (applications to tribunal), in subsection (1)(h) after
“section 29 above” insert “on the ground specified in paragraph (c) or (d) of
subsection (3) of that section”.
29
Civil partners
35
(1)
Section 26 of the 1983 Act (definition of “relative” and “nearest relative”) is
amended as set out in subsections (2) to (5).
(2)
In subsection (1)(a), after “wife” insert “or civil partner”.
(3)
In subsection (5)—
(a)
in paragraph (b) after “wife” insert “or civil partner”, and
40
(b)
in paragraph (c) after “wife,” insert “civil partner,”.
(4)
In subsection (6)—

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 3 — Safeguards for patients
18

(a)
for “and “wife” include a person who is living with the patient as the
patient’s husband or wife” substitute “, “wife” and “civil partner”
include a person who is living with the patient as the patient’s husband
or wife or as if they were civil partners”, and
(b)
for “unless the husband or wife” substitute “or a patient in a civil
5
partnership unless the husband, wife or civil partner”.
(5)
In subsection (7)(b), for “unless the husband or wife” substitute “or a patient in
a civil partnership unless the husband, wife or civil partner”.
(6)
In section 27 of the 1983 Act (children and young persons in care), after “wife”
insert “or civil partner”.
10
Consent to treatment
30
Electro-convulsive therapy, etc.
After section 58 of the 1983 Act insert—
“58A
Electro-convulsive therapy, etc.
(1)
This section applies to the following forms of medical treatment for
15
mental disorder—
(a)
electro-convulsive therapy; and
(b)
such other forms of treatment as may be specified for the
purposes of this section by regulations made by the appropriate
national authority.
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(2)
Subject to section 62 below, a patient shall be not be given any form of
treatment to which this section applies unless he falls within subsection
(3) or (4) below.
(3)
A patient falls within this subsection if—
(a)
he has consented to the treatment in question; and
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(b)
either the approved clinician in charge of it or a registered
medical practitioner appointed as mentioned in section 58(3)
above has certified in writing that the patient is capable of
understanding the nature, purpose and likely effects of the
treatment and has consented to it.
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(4)
A patient falls within this subsection if a registered medical practitioner
appointed as aforesaid (not being the approved clinician in charge of
the treatment in question) has certified in writing—
(a)
that the patient is not capable of understanding the nature,
purpose and likely effects of the treatment; but
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(b)
that it is appropriate for the treatment to be given; and
(c)
that giving him the treatment would not conflict with—
(i)
an advance decision which the registered medical
practitioner concerned is satisfied is valid and
applicable;
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(ii)
a decision made by a donee or deputy or by the Court of
Protection; or
(iii)
an order of a court.