Mental Health Bill [HL]

House of Commons

Session 2006 - 07
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Mental Health Bill [HL]

Mental Health Bill [HL]
Schedule 9 — Transitional provisions and savings
134

Schedule 9
Section 50

Transitional provisions and savings
Interpretation
1     (1)
This Schedule is to be read as follows.
      (2)
Reference to an enactment is to an enactment contained in this Act, unless
5
otherwise stated.
      (3)
Reference to an enactment contained in the 1983 Act includes reference to
that enactment as applied by section 40(4) of that Act (patients concerned in
criminal proceedings or under sentence).
Authority to detain etc
10
2     (1)
The provisions mentioned in sub-paragraph (4) do not affect—
(a)
the authority for the detention or guardianship of a person who is
liable to be detained or subject to guardianship under the 1983 Act
immediately before the date on which those provisions come into
force,
15
(b)
the 1983 Act in relation to any application, order or direction for
admission or removal to a hospital, or any guardianship application
or order, made under that Act before that date or the exercise, before
that date, of any power to remand,
(c)
the power to make on or after that date an application for the
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admission of a person to a hospital, or a guardianship application,
where all the recommendations on which the application is to be
founded are signed before that date, or
(d)
the authority for the detention or guardianship of a person in
pursuance of such an application.
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      (2)
But those provisions do apply to the following events occurring on or after
that date—
(a)
any renewal of the authority for the person’s detention or
guardianship,
(b)
any consideration of his case by a Mental Health Review Tribunal,
30
and
(c)
any decision about the exercise of any power to discharge him from
detention or guardianship.
      (3)
Sub-paragraph (2)(b) is subject to paragraph 4.
      (4)
The provisions are—
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(a)
section 1 and Schedule 1 (removal of categories of mental disorder),
(b)
section 2 (special provision for persons with learning disability),
(c)
section 3 (exclusions),
(d)
section 5 (replacement of “treatability” and “care” tests with
appropriate treatment test),
40
(e)
section 7 (addition of appropriate treatment test),
(f)
section 9 (definition of “medical treatment”), and
(g)
the repeals in Schedule 10 which are consequential on any of those
sections or that Schedule.

Mental Health Bill [HL]
Schedule 9 — Transitional provisions and savings
135

Consent to treatment
3     (1)
The amendments made by section 8 (appropriate treatment test in Part 4 of
the 1983 Act) do not affect the application of a certificate under section
57(2)(b) or 58(3)(b) of the 1983 Act given before the date on which the
amendments come into force.
5
      (2)
The amendments made by sections 30 and 31 (electro-convulsive therapy,
etc.) do not affect the application of a certificate under subsection (3) of
section 58 of the 1983 Act which—
(a)
relates to electro-convulsive therapy (by virtue of regulations under
subsection (1)(a) of that section), and
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(b)
is given before the date on which those amendments come into force.
      (3)
But any certificate under section 58(3)(b) of the 1983 Act that the patient has
not consented to electro-convulsive therapy ceases to apply when those
amendments come into force.
Reclassification of patients
15
4
The amendment made by paragraph 13 of Schedule 1 and the repeal in
Schedule 10 of section 66(1)(d) and (fb) of the 1983 Act (which concern a
patient’s right to apply to a Mental Health Review Tribunal following a
report about the form of his mental disorder) do not affect any right to apply
in consequence of a report furnished before the date on which the
20
amendment and repeal come into force.
Supervised community treatment
5
Section 32 and the amendments and repeals in Schedules 3 and 10 which are
consequential on that section apply to a patient who is liable to be detained
under the 1983 Act immediately before the date on which that section and
25
those amendments and repeals come into force, as they apply to a patient
who becomes so liable on or after that date.
Nearest relative
6     (1)
Subsections (2), (3) and (4)(b) of section 26 (extension of power to appoint
acting nearest relative) do not apply to the making of an order under section
30
29 of the 1983 Act on or after the date on which those provisions come into
force, if the application for the order was made before that date.
      (2)
Subsections (6) and (7) of section 27 (duration of orders appointing nearest
relative) do not affect—
(a)
any order made under section 29 of the 1983 Act before the date on
35
which those subsections come into force, or
(b)
any order made under that section on or after that date if the
application for it was made before that date.
      (3)
But subsections (2)(a), (4) and (5) of section 27 (applications for discharge
and variation) do apply in relation to an order mentioned in sub-paragraph
40
(2)(a) or (b).
      (4)
Section 28 (restriction of nearest relative’s right to apply to tribunal) does not
apply in relation to an order mentioned in sub-paragraph (2)(a) or (b).

Mental Health Bill [HL]
Schedule 10 — Repeals and revocations
Part 1 — Removal of categories of mental disorder
136

7     (1)
If, by virtue of section 29 (civil partners) coming into force, a person ceases
to be a patient’s nearest relative, this does not affect—
(a)
any application to a Mental Health Review Tribunal under the 1983
Act made by that person, but not determined or withdrawn, before
the date on which that section comes into force,
5
(b)
any notice under section 25 of that Act given by that person before
that date, or
(c)
any application to a county court under section 30(1) of that Act
made by that person, but not determined or withdrawn, before that
date.
10
      (2)
But section 29 does apply to the determination on or after that date of any
application under section 29 or 30 of the 1983 Act made before that date.
Applications and references to Mental Health Review Tribunal
8     (1)
The amendments made by section 36 apply in relation to a patient who is
liable to be detained under the 1983 Act immediately before the date on
15
which the amendments come into force as they apply in relation to one who
becomes so liable on or after that date.
      (2)
The repeal in paragraph 20(b) of Schedule 3 of the reference in section
69(2)(b) of the 1983 Act to section 45B(2) of that Act (which concerns the right
of a patient subject to a hospital direction to apply to a Mental Health Review
20
Tribunal in the period of six months beginning with the date of the direction)
does not affect any right to apply by virtue of a hospital direction dated
before the date on which the repeal comes into force.
Schedule 10
Section 52

Repeals and revocations
25
Part 1
Removal of categories of mental disorder

Reference
Extent of repeal or revocation

Juries Act 1974 (c. 23)
In Schedule 1, paragraph 4(1).

Mental Health Act 1983 (c. 20)
In section 1(2), the definitions of—

30

(a)
“severe mental impairment” and

“severely mentally impaired”,

(b)
“mental impairment” and “mentally

impaired”, and

(c)
“psychopathic disorder”.

35

In section 7(2)(a), the words “, being mental

illness, severe mental impairment,

psychopathic disorder or mental impairment

and his mental disorder is”.

Section 11(6).

40

In section 15(3), the words from “; but this

subsection” to the end.

Section 16.

Mental Health Bill [HL]
Schedule 10 — Repeals and revocations
Part 2 — Replacement of “treatability” and “care” tests
137

Reference
Extent of repeal or revocation

Mental Health Act 1983 (c. 20)—
Section 20(9).

cont.
Section 21B(8) and (9).

In section 37—

(a)
in subsection (3), the words “as being a

5

person suffering from mental illness or

severe mental impairment”, and

(b)
subsection (7).

In section 45A, subsections (10) and (11).

Section 47(4).

10

Section 55(3).

In section 66(1), paragraphs (d) and (fb) (and the

word “or” at the end of those paragraphs).

Section 72(5).

Section 92(3).

15

In Part 1 of Schedule 1—

(a)
in paragraph 2, the word “16,”,

(b)
paragraph 3, and

(c)
in paragraph 6, paragraph (b) (and the

word “and” immediately preceding it).

20

In Schedule 5—

(a)
in paragraph 37(5), the words from “,

and he shall be so treated” to the end,

and

(b)
paragraph 39.

25

Mental Health (Patients in the
In Schedule 1, paragraph 10(4).

Community) Act 1995 (c. 52)

Mental Capacity Act 2005 (c. 9)
In Schedule 4, in paragraph 23(1), the words

“(within the meaning of the Mental Health

Act)”.

30

Mental Health (Care and
In Schedule 1, paragraph 2(8).

Treatment) (Scotland) Act

2003 (Consequential

Provisions) Order 2005 (S.I.

2005/2078)

35

Part 2
Replacement of “treatability” and “care” tests

Reference
Extent of repeal or revocation

Mental Health Act 1983 (c. 20)
In section 3(2), paragraph (b) (and the word

“and” at the end of that paragraph).

40

In section 20(4)—

(a)
paragraph (b) (and the word “and” at the

end of that paragraph), and

(b)
the words from “but, in the case of

mental illness” to the end.

45

Section 72(2).

Mental Health Bill [HL]
Schedule 10 — Repeals and revocations
Part 5 — Supervised community treatment
138

Part 3
Approved clinicians and responsible clinicians

Reference
Extent of repeal or revocation

Mental Health Act 1983 (c. 20)
Section 20(10).

In section 21B(10), the definition of “appropriate

5

medical officer”.

In section 61(3), the words “to the responsible

medical officer”.

Health and Social Care
In Schedule 4, paragraph 51.

(Community Health and

10

Standards) Act 2003 (c. 43)

Civil Partnership Act 2004
In Schedule 27, paragraph 86(a).

(c. 33)

National Health Service
In Schedule 1, paragraph 63.

(Consequential Provisions)

15

Act 2006 (c. 43)

Part 4
Safeguards for patients

Reference
Extent of repeal or revocation

Mental Health Act 1983
In section 29—

20

(a)
in subsection (2), the words from “but in

relation to” to the end, and

(b)
in subsection (3), the word “or” at the

end of paragraph (c).

Part 5
25
Supervised community treatment

Reference
Extent of repeal or revocation

Mental Health Act 1983
In section 18(4), the words from “and, in

determining” to the end.

In section 29(3)(d), the words “from hospital or

30

guardianship”.

In section 69(2)(b), the words “45B(2), 46(3),”.

In section 146, the words from “128” to

“guardianship)”.

Crime (Sentences) Act 1997
In Schedule 4, paragraph 12(8).

35

(c. 43)

Mental Health Bill [HL]
Schedule 10 — Repeals and revocations
Part 8 — Restricted patients
139

Part 6
Organisation of tribunals

Reference
Extent of repeal or revocation

Mental Health Act 1983 (c. 20)
In section 78(6), the words “, if for any reason he

is unable to act,”.

5

In section 143(2), the words “or 65”.

In paragraph 4 of Schedule 2, the words “, if for

any reason he is unable to act,”.

Health Authorities Act 1995
In Schedule 1, paragraph 107(13).

(c. 17)

10
Part 7
Cross-border arrangements

Reference
Extent of repeal or revocation

Mental Health Act 1983
In section 80(1), the words “or subject to

guardianship” and the words “or, as the case

15

may be, for receiving him into guardianship”.

In section 88(3)—

(a)
the words “to Scotland or Northern

Ireland”,

(b)
paragraph (a), and

20

(c)
in paragraph (b), the words “in Northern

Ireland,”.

In section 146, the words from “88” to “138)”.

Mental Health (Care and
Articles 1(5), 2 and 3.

Treatment) (Scotland) Act
In Schedule 1, paragraph 2(5).

25
Part 8
Restricted patients

Reference
Extent of repeal or revocation

Colonial Prisoners Removal Act
In section 10(3)(a), the words “, made without

1884 (c. 31)
limitation of time”.

30

Mental Health Act 1983
In section 41(1), the words “, either without limit

of time or during such period as may be

specified in the order”.

In section 42(4)(b), the words from “, and, if the

restriction order was made for a specified

35

period,” to the end.

In section 44(3), the words “, made without

limitation of time”.

In section 81(7), the words “restriction order or”

in each place,

40

Mental Health Bill [HL]
Schedule 10 — Repeals and revocations
Part 10 — Deprivation of liberty
140

Reference
Extent of repeal or revocation

Mental Health Act 1983—cont.
In section 81A(3)—

(a)
the words “restriction order or” in each

place, and

(b)
the words “order or”.

5

In section 84(2), the words “, made without

limitation of time”.

In section 91(2), the words “at any time before

the end of the period for which those orders

would have continued in force”.

10

Part 9
Miscellaneous

Reference
Extent of repeal or revocation

Children Act 1989 (c. 41)
In Schedule 13, paragraph 48(5).

Part 10
15
Deprivation of liberty

Reference
Extent of repeal or revocation

Mental Capacity Act 2005 (c. 9)
Section 6(5).

Section 11(6).

Section 20(13).

20