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 3 — General
45

51
Consequential provisions
(1)
The Secretary of State may by order made by statutory instrument make
supplementary, incidental or consequential provision for the purposes of, in
consequence of, or for giving full effect to a provision of this Act.
(2)
An order under subsection (1) may, in particular—
5
(a)
amend or repeal any provision of an Act passed before, or in the same
Session as, this Act;
(b)
amend or revoke any provision of subordinate legislation made before
the passing of this Act;
(c)
include transitional or saving provision in connection with the coming
10
into force of provision made by the order.
(3)
In relation to provision which deals with matters with respect to which
functions are exercisable by the Welsh Ministers—
(a)
the power under subsection (1) is exercisable by the Secretary of State
only with agreement of the Welsh Ministers, and
15
(b)
the power under that subsection is also exercisable by the Welsh
Ministers except that provision may not be made by virtue of
subsection (2)(a).
(4)
The amendments that may be made by virtue of subsection (2) are in addition
to those made by or by virtue of any other provision of this Act.
20
(5)
A statutory instrument containing an order under subsection (1) which makes
provision by virtue of subsection (2)(a) may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each House of
Parliament.
(6)
A statutory instrument containing any other order under subsection (1) made
25
by the Secretary of State is subject to annulment in pursuance of a resolution of
either House of Parliament.
(7)
A statutory instrument containing an order under subsection (1) made by the
Welsh Ministers is subject to annulment in pursuance of a resolution of the
National Assembly for Wales.
30
(8)
In subsection (2), “subordinate legislation” has the same meaning as in the
Interpretation Act 1978 (c. 30).
52
Repeals and revocations
The enactments mentioned in Schedule 10 are repealed or revoked to the extent
specified.
35
53
Commencement
(1)
This Act (other than sections 48 to 50 (and Schedule 9), this section and sections
54 and 55) comes into force in accordance with provision made by the Secretary
of State by order made by statutory instrument.
(2)
In relation to provision which deals with matters with respect to which
40
functions are exercisable by the Welsh Ministers, the power under subsection
(1) is exercisable only with their agreement.

Mental Health Bill [HL]
Part 3 — General
46

(3)
Section 48 comes into force in accordance with provision made by the Lord
Chancellor by order made by statutory instrument.
(4)
An order under this section may—
(a)
make different provision for different purposes or different areas;
(b)
include transitional or saving provision.
5
(5)
The provision which may be made by virtue of subsection (4)(b) includes
provision modifying the application of a provision of this Act pending the
commencement of a provision of another enactment.
(6)
A statutory instrument containing an order under this section which makes
provision by virtue of subsection (4)(b) is subject to annulment in pursuance of
10
a resolution of either House of Parliament.
54
Extent
(1)
The provisions of this Act which amend other enactments have the same extent
as the enactments which they amend.
(2)
But subsection (1) is subject to—
15
(a)
paragraph 35 of Schedule 3,
(b)
paragraphs 3, 4 and 20 of Schedule 5, and
(c)
paragraph 12 of Schedule 8.
(3)
Section 51 extends to the United Kingdom.
55
Short title
20
(1)
This Act may be cited as the Mental Health Act 2007.
(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.
25

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 1 — Amendments to 1983 Act
47

Schedules
Schedule 1
Section 1

Categories of mental disorder: further amendments etc
Part 1
Amendments to 1983 Act
5
1
The 1983 Act is amended as follows.
2
In section 3(2) (grounds for application for admission for treatment), in
paragraph (a), for “mental illness, severe mental impairment, psychopathic
disorder or mental impairment and his mental disorder is” substitute
“mental disorder”.
10
3
In section 7(2) (grounds for guardianship application), in paragraph (a),
omit the words “, being mental illness, severe mental impairment,
psychopathic disorder or mental impairment and his mental disorder is”.
4
In section 20 (renewal of detention or guardianship)—
(a)
in subsection (4)(a), for “mental illness, severe mental impairment,
15
psychopathic disorder or mental impairment, and his mental
disorder is” substitute “mental disorder”, and
(b)
in subsection (7)(a), for “mental illness, severe mental impairment,
psychopathic disorder or mental impairment and his mental
disorder is” substitute “mental disorder”.
20
5
In section 35(3) (conditions for exercise of power to remand accused to
hospital for report), in paragraph (a), for “mental illness, psychopathic
disorder, severe mental impairment or mental impairment” substitute
“mental disorder”.
6
In section 36(1) (conditions for exercise of power to remand accused to
25
hospital for medical treatment), for the words from “he is suffering” to the
end substitute—
“(a)
he is suffering from mental disorder of a nature or degree
which makes it appropriate for him to be detained in a
hospital for medical treatment;”.
30
7
In section 37 (power to order hospital admission or guardianship)—
(a)
in subsection (2)(a), for “mental illness, psychopathic disorder,
severe mental impairment or mental impairment” substitute “mental
disorder”, and
(b)
in subsection (3), omit the words “as being a person suffering from
35
mental illness or severe mental impairment”.

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 1 — Amendments to 1983 Act
48

8
In section 38(1) (conditions for exercise of power to make interim hospital
order), in paragraph (a), for “mental illness, psychopathic disorder, severe
mental impairment or mental impairment” substitute “mental disorder”.
9
In section 45A(2) (conditions for exercise of power to make hospital order),
in paragraph (a), for “psychopathic disorder” substitute “mental disorder”.
5
10
In section 47(1) (power to make transfer direction), in paragraph (a), for
“mental illness, psychopathic disorder, severe mental impairment or mental
impairment” substitute “mental disorder”.
11
In section 48 (further power to make transfer direction)—
(a)
in subsection (1), for the words from “that person is suffering” to
10
“such treatment,” substitute—
“(a)
that person is suffering from mental disorder of a
nature or degree which makes it appropriate for him
to be detained in a hospital for medical treatment; and
(b)
he is in urgent need of such treatment;”, and
15
(b)
in subsection (3), for “to (4)” substitute “and (3)”.
12
In section 51(6) (further power to make hospital order), in paragraph (a), for
the words from “the detainee” to the end substitute—
“(i)
the detainee is suffering from mental disorder of a
nature or degree which makes it appropriate for the
20
patient to be detained in a hospital for medical
treatment;”.
13
In section 66(2) (time limits for applications to tribunals), in paragraph (d),
for “in the cases mentioned in paragraphs (d), (fb), (g)” substitute “in the case
mentioned in paragraph (g)”.
25
14
In section 72 (powers of tribunals)—
(a)
in subsection (1)(b)(i), for “mental illness, psychopathic disorder,
severe mental impairment or mental impairment or from any of
those forms of disorder” substitute “mental disorder or from mental
disorder”,
30
(b)
in subsection (4)(a), for “mental illness, psychopathic disorder,
severe mental impairment or mental impairment” substitute “mental
disorder”, and
(c)
in subsection (6), for “(5)” substitute “(4)”.
15    (1)
Section 86 (application of power to remove alien patients) is amended as
35
follows.
      (2)
In subsection (1), for “mental illness” substitute “mental disorder”.
      (3)
After subsection (3) insert—
“(4)
In relation to a patient receiving treatment in a hospital within the
meaning of the Mental Health (Northern Ireland) Order 1986, the
40
reference in subsection (1) above to mental disorder shall be
construed in accordance with that Order.”
16    (1)
Section 141 (Members of Parliament etc) is amended as follows.
      (2)
In subsection (1)—
(a)
after “House of Commons is authorised to be detained” insert “under
45
a relevant enactment”, and

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 2 — Amendments to other Acts
49

(b)
for “mental illness” substitute “mental disorder”.
      (3)
In subsection (4)—
(a)
for “mental illness” substitute “mental disorder”, and
(b)
after “detained” insert “under a relevant enactment”.
      (4)
In subsections (5) and (6), for “mental illness” substitute “mental disorder”.
5
      (5)
After subsection (6) insert—
“(6A)
For the purposes of this section, the following are relevant
enactments—
(a)
this Act;
(b)
the Criminal Procedure (Scotland) Act 1995 and the Mental
10
Health (Care and Treatment) Scotland Act 2003 (“the Scottish
enactments”); and
(c)
the Mental Health (Northern Ireland) Order 1986 (“the 1986
Order”).
(6B)
In relation to an authorisation for detention under the Scottish
15
enactments or the 1986 Order, the references in this section to mental
disorder shall be construed in accordance with those enactments or
that Order (as the case may be).”
17
In section 145(1) (interpretation), for the definitions of “mental disorder”,
“severe mental impairment”, “mental impairment” and “psychopathic
20
disorder” substitute—
““mental disorder” has the meaning given in section 1 above
(subject to sections 86(4) and 141(6B));”.
Part 2
Amendments to other Acts
25
Juries Act 1974
18    (1)
Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (mentally disordered
persons) is amended as follows.
      (2)
In paragraph 1, for “mental illness, psychopathic disorder, mental handicap
or severe mental handicap” substitute “mental disorder within the meaning
30
of the Mental Health Act 1983”.
      (3)
Omit paragraph 4(1).
Contempt of Court Act 1981
19
In section 14 of the Contempt of Court Act 1981 (c. 49) (proceedings in
England and Wales), in subsection (4) and the first subsection (4A), for
35
“mental illness or severe mental impairment” substitute “mental disorder
within the meaning of that Act”.
Family Law Act 1996
20    (1)
The Family Law Act 1996 (c. 27) is amended as follows.

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 2 — Amendments to other Acts
50

      (2)
In section 48 (remand for medical examination and report), in subsection
(4)—
(a)
for “mental illness or severe mental impairment” substitute “mental
disorder within the meaning of the Mental Health Act 1983”,
(b)
for “the Mental Health Act 1983” substitute “that Act”, and
5
(c)
for “section 35 of the Act of 1983” substitute “that section”.
      (3)
In section 51 (power of magistrates’ court to order hospital admission or
guardianship), in subsection (1), for “mental illness or severe mental
impairment” substitute “mental disorder within the meaning of that Act”.
Housing Act 1996
10
21
In section 156 of the Housing Act 1996 (c. 52) (remand for medical
examination and report), in subsection (4)—
(a)
for “mental illness or severe mental impairment” substitute “mental
disorder within the meaning of the Mental Health Act 1983”,
(b)
for “the Mental Health Act 1983” substitute “that Act”, and
15
(c)
for “section 35 of that Act” substitute “that section”.
Care Standards Act 2000
22
In section 121 of the Care Standards Act 2000 (c. 14) (general interpretation),
in subsection (1), for the definition of “mental disorder” substitute—
““mental disorder” has the same meaning as in the Mental
20
Health Act 1983;”.
Mental Capacity Act 2005
23    (1)
In Schedule 4 to the Mental Capacity Act 2005 (c. 9) (provisions applying to
existing enduring powers of attorney), paragraph 23 is amended as follows.
      (2)
In sub-paragraph (1), omit the words “(within the meaning of the Mental
25
Health Act)”.
      (3)
After sub-paragraph (1) insert—
   “(1A)
In sub-paragraph (1), “mental disorder” has the same meaning as
in the Mental Health Act but disregarding the amendments made
to that Act by the Mental Health Act 2007.”
30
National Health Service Act 2006
24
In section 275 of the National Health Service Act 2006 (c. 41) (interpretation),
in the definition of “illness” in subsection (1), for “mental disorder within the
meaning of the Mental Health Act 1983” substitute “any disorder or
disability of the mind”.
35
National Health Service (Wales) Act 2006
25
In section 206 of the National Health Service (Wales) Act 2006 (c. 42)
(interpretation), in the definition of “illness” in subsection (1), for “mental
disorder within the meaning of the Mental Health Act 1983” substitute “any
disorder or disability of the mind”.
40

Mental Health Bill [HL]
Schedule 2 — Approved mental health professionals: further amendments to 1983 Act
51

Police and Justice Act 2006
26
In section 27 of the Police and Justice Act 2006 (c. 48) (anti-social behaviour
injunctions: power of arrest and remand), in subsection (11)—
(a)
for “mental illness or severe mental impairment” substitute “mental
disorder within the meaning of the Mental Health Act 1983”, and
5
(b)
for “the Mental Health Act 1983 (c.20)” substitute “that Act”.
Schedule 2
Section 23

Approved mental health professionals: further amendments to 1983 Act
1
The 1983 Act is amended as follows.
2
In the following provisions, for “approved social worker” substitute
10
“approved mental health professional”—
(a)
section 4(2) (admission for assessment in cases of emergency), and
(b)
section 8(1)(c) (effect of guardianship application).
3     (1)
Section 10 (transfer of guardianship) is amended as follows.
      (2)
In subsection (3), for “approved social worker” substitute “approved mental
15
health professional acting on behalf of the local social services authority”.
      (3)
After subsection (4) insert—
“(5)
In this section “the local social services authority”, in relation to a
person (other than a local social services authority) who is the
guardian of a patient, means the local social services authority for the
20
area in which that person resides (or resided immediately before his
death).”
4     (1)
Section 11 (general provisions as to applications) is amended as follows.
      (2)
In subsection (1), for “approved social worker” substitute “approved mental
health professional”.
25
      (3)
In subsection (3), for “approved social worker, that social worker” substitute
“approved mental health professional, that professional”.
      (4)
For subsection (4) substitute—
“(4)
An approved mental health professional may not make an
application for admission for treatment or a guardianship
30
application in respect of a patient in either of the following cases—
(a)
the nearest relative of the patient has notified that
professional, or the local social services authority on whose
behalf the professional is acting, that he objects to the
application being made; or
35
(b)
that professional has not consulted the person (if any)
appearing to be the nearest relative of the patient, but the
requirement to consult that person does not apply if it
appears to the professional that in the circumstances such
consultation is not reasonably practicable or would involve
40
unreasonable delay.”