|
| |
|
| |
10 | The fundamental principles |
| |
After section 118(2) of the 1983 Act (code of practice) insert— |
| |
“(2A) | The code shall include a statement of the principles which the Secretary |
| |
of State thinks should inform decisions under this Act. |
| 5 |
(2B) | In preparing the statement of principles the Secretary of State shall, in |
| |
particular, ensure that each of the following matters is addressed— |
| |
(a) | respect for patients’ past and present wishes and feelings, |
| |
(b) | minimising restrictions on liberty, |
| |
(c) | involvement of patients in planning, developing and delivering |
| 10 |
care and treatment appropriate to them, |
| |
(d) | avoidance of unlawful discrimination, |
| |
(e) | effectiveness of treatment, |
| |
(f) | views of carers and other interested parties, |
| |
(g) | patient wellbeing and safety, and |
| 15 |
| |
(2C) | The Secretary of State shall also have regard to the desirability of |
| |
| |
(a) | the efficient use of resources, and |
| |
(b) | the equitable distribution of services. |
| 20 |
(2D) | In performing functions under this Act persons mentioned in |
| |
subsection (1)(a) or (b) shall have regard to the code.” |
| |
| |
| |
Approved clinicians and responsible clinicians |
| 25 |
11 | Amendments to Part 2 of 1983 Act |
| |
(1) | Part 2 of the 1983 Act (compulsory admission to hospital and guardianship) is |
| |
| |
(2) | In section 5 (application in respect of patient already in hospital)— |
| |
(a) | in subsection (2), after “registered medical practitioner” insert “or |
| 30 |
| |
(b) | for subsection (3) substitute— |
| |
“(3) | The registered medical practitioner or approved clinician in |
| |
charge of the treatment of a patient in a hospital may nominate |
| |
one (but not more than one) person to act for him under |
| 35 |
subsection (2) above in his absence. |
| |
(3A) | For the purposes of subsection (3) above— |
| |
(a) | the registered medical practitioner may nominate |
| |
another registered medical practitioner, or an approved |
| |
clinician, on the staff of the hospital; and |
| 40 |
|
| |
|
| |
|
(b) | the approved clinician may nominate another approved |
| |
clinician, or a registered medical practitioner, on the |
| |
staff of the hospital.”, and |
| |
(c) | in subsection (4), after “a practitioner”, in each place, insert “or |
| |
| 5 |
(3) | In section 17 (leave of absence)— |
| |
| |
(i) | for “responsible medical officer” substitute “responsible |
| |
| |
(ii) | for “that officer” substitute “that clinician”, |
| 10 |
(b) | in subsection (3), for “responsible medical officer” substitute |
| |
“responsible clinician”, and |
| |
| |
(i) | for “responsible medical officer” substitute “responsible |
| |
| 15 |
(ii) | for “that officer” substitute “that clinician”. |
| |
(4) | In section 20 (duration of authority)— |
| |
(a) | in subsections (3) and (5), for “responsible medical officer” substitute |
| |
| |
(b) | in subsection (6), for “appropriate medical officer” substitute |
| 20 |
“appropriate practitioner”, and |
| |
(c) | omit subsection (10). |
| |
(5) | In section 21B (patients who are taken into custody or return after more than |
| |
| |
(a) | in subsections (2) and (3), for “appropriate medical officer” substitute |
| 25 |
“appropriate practitioner”, and |
| |
(b) | in subsection (10), omit the definition of “appropriate medical officer”. |
| |
(6) | In section 23(2) (persons who may apply for discharge of patient), in |
| |
paragraphs (a) and (b), for “responsible medical officer” substitute |
| |
| 30 |
(7) | In section 24 (visiting and examination of patients), in each place, after |
| |
“registered medical practitioner” insert “or approved clinician”. |
| |
(8) | In section 25(1) (restrictions on discharge by nearest relative)— |
| |
(a) | for “responsible medical officer” substitute “responsible clinician”, and |
| |
(b) | for “that officer” substitute “that clinician”. |
| 35 |
(9) | In section 34 (interpretation of Part 2 of the 1983 Act), in subsection (1), insert |
| |
the following definition at the appropriate place— |
| |
““the appropriate practitioner” means— |
| |
(a) | in the case of a patient who is subject to the |
| |
guardianship of a person other than a local social |
| 40 |
services authority, the nominated medical attendant of |
| |
| |
(b) | in any other case, the responsible clinician;”. |
| |
(10) | In that subsection, for the definition of “the responsible medical officer” |
| |
| 45 |
““the responsible clinician” means— |
| |
|
| |
|
| |
|
(a) | in relation to a patient liable to be detained by virtue of |
| |
an application for admission for assessment or an |
| |
application for admission for treatment, or a community |
| |
patient, the approved clinician with overall |
| |
responsibility for the patient’s case; |
| 5 |
(b) | in relation to a patient subject to guardianship, the |
| |
approved clinician authorised by the responsible local |
| |
social services authority to act (either generally or in any |
| |
particular case or for any particular purpose) as the |
| |
| 10 |
12 | Amendments to Part 3 of 1983 Act |
| |
(1) | Part 3 of the 1983 Act (patients concerned in criminal proceedings) is amended |
| |
| |
(2) | In section 35 (remand to hospital for report)— |
| |
(a) | in subsections (4) and (5), for “registered medical practitioner” |
| 15 |
substitute “approved clinician”, and |
| |
(b) | in subsection (8), after “registered medical practitioner” insert “or |
| |
| |
(3) | In section 36 (remand to hospital for treatment)— |
| |
(a) | in subsection (3), for “registered medical practitioner who would be in |
| 20 |
charge of his treatment” substitute “approved clinician who would |
| |
have overall responsibility for his case”, |
| |
(b) | in subsection (4), for “responsible medical officer” substitute |
| |
“responsible clinician”, and |
| |
(c) | in subsection (7), after “registered medical practitioner” insert “or |
| 25 |
| |
(4) | In section 37 (hospital and guardianship orders), in subsection (4), for |
| |
“registered medical practitioner who would be in charge of his treatment” |
| |
substitute “approved clinician who would have overall responsibility for his |
| |
| 30 |
(5) | In section 38 (interim hospital orders)— |
| |
(a) | in subsection (4), for “registered medical practitioner who would be in |
| |
charge of his treatment” substitute “approved clinician who would |
| |
have overall responsibility for his case”, and |
| |
(b) | in subsection (5), for “responsible medical officer”, in each place, |
| 35 |
substitute “responsible clinician”. |
| |
(6) | In section 41 (power of courts to restrict discharge from hospital), in |
| |
subsections (3)(c) and (6), for “responsible medical officer” substitute |
| |
| |
(7) | In section 44(2) (person who is to give evidence in connection with committal |
| 40 |
to hospital), for “registered medical practitioner who would be in charge of the |
| |
offender’s treatment” substitute “approved clinician who would have overall |
| |
responsibility for the offender’s case”. |
| |
(8) | In section 45A(5) (person who is to give evidence in connection with hospital |
| |
or limitation direction), for “registered medical practitioner who would be in |
| 45 |
charge of his treatment” substitute “approved clinician who would have |
| |
overall responsibility for his case”. |
| |
|
| |
|
| |
|
(9) | In the following provisions, for “responsible medical officer” substitute |
| |
| |
(a) | section 45B(3) (requirement to produce report on person subject to |
| |
hospital and limitation directions), and |
| |
(b) | section 49(3) (requirement to produce report on person subject to |
| 5 |
| |
13 | Further amendments to Part 3 of 1983 Act |
| |
(1) | Part 3 of the 1983 Act (patients concerned in criminal proceedings) is further |
| |
| |
(2) | In section 50(1) (powers of Secretary of State in respect of prisoners under |
| 10 |
| |
(a) | for “responsible medical officer” substitute “responsible clinician”, and |
| |
(b) | for “registered medical practitioner” substitute “approved clinician”. |
| |
(3) | In section 51 (further provisions as to detained persons)— |
| |
| 15 |
(i) | for “responsible medical officer” substitute “responsible |
| |
| |
(ii) | for “registered medical practitioner” substitute “approved |
| |
| |
(b) | in subsection (4), for “responsible medical officer” substitute |
| 20 |
| |
(4) | In section 52 (further provisions as to persons remanded by magistrates’ |
| |
courts), in subsections (5) and (7), for “responsible medical officer” substitute |
| |
| |
(5) | In section 53(2) (powers of Secretary of State in respect of civil prisoners and |
| 25 |
persons detained under the Immigration Acts)— |
| |
(a) | for “responsible medical officer” substitute “responsible clinician”, and |
| |
(b) | for “registered medical practitioner” substitute “approved clinician”. |
| |
(6) | In section 54 (requirements as to medical evidence), for subsection (2) |
| |
| 30 |
“(2) | For the purposes of any provision of this Part of this Act under which a |
| |
court may act on the written evidence of any person, a report in writing |
| |
purporting to be signed by that person may, subject to the provisions of |
| |
this section, be received in evidence without proof of the following— |
| |
(a) | the signature of the person; or |
| 35 |
(b) | his having the requisite qualifications or approval or authority |
| |
or being of the requisite description to give the report. |
| |
(2A) | But the court may require the signatory of any such report to be called |
| |
| |
(7) | In section 55 (interpretation of Part 3), for the definition of “responsible medical |
| 40 |
officer” in subsection (1) substitute— |
| |
““responsible clinician”, in relation to a person liable to be |
| |
detained in a hospital within the meaning of Part 2 of this Act, |
| |
means the approved clinician with overall responsibility for the |
| |
| 45 |
|
| |
|
| |
|
(8) | In Part 2 of Schedule 1 (modifications in relation to patients subject to special |
| |
restrictions), in paragraph 3— |
| |
(a) | in paragraph (b), for ““the responsible medical officer” and after the |
| |
words “that officer”” substitute ““the responsible clinician” and after |
| |
the words “that clinician””, and |
| 5 |
(b) | in paragraph (c), for ““by the responsible medical officer”” substitute |
| |
““by the responsible clinician””. |
| |
14 | Amendments to Part 4 of 1983 Act |
| |
(1) | Part 4 of the 1983 Act (consent to treatment) is amended as follows. |
| |
(2) | In section 57 (requirements as to certification for treatment requiring consent |
| 10 |
| |
(a) | in subsection (2)(a), for “responsible medical officer” substitute |
| |
“approved clinician in charge of the treatment in question”, and |
| |
(b) | in subsection (3), at the end insert “nor the responsible clinician”. |
| |
(3) | In section 58 (requirements as to certification for treatment requiring consent |
| 15 |
| |
| |
(i) | in paragraph (a), for “responsible medical officer” substitute |
| |
“approved clinician in charge of it”, and |
| |
(ii) | in paragraph (b), for “responsible medical officer” substitute |
| 20 |
“approved clinician in charge of the treatment in question”, and |
| |
(b) | in subsection (4), at the end insert “nor the responsible clinician”. |
| |
(4) | In section 61 (review of treatment)— |
| |
| |
(i) | for “by the responsible medical officer” substitute “by the |
| 25 |
approved clinician in charge of the treatment”, and |
| |
(ii) | in paragraph (a), for “responsible medical officer” substitute |
| |
| |
(b) | in subsection (2)(b), for “responsible medical officer” substitute |
| |
| 30 |
(c) | in subsection (3), omit the words “to the responsible medical officer”, |
| |
| |
(d) | after that subsection insert— |
| |
“(3A) | The notice under subsection (3) above shall be given to the |
| |
approved clinician in charge of the treatment.” |
| 35 |
(5) | In section 62(2) (exception to discontinuance of treatment), for “responsible |
| |
medical officer” substitute “approved clinician in charge of the treatment”. |
| |
(6) | In section 63 (treatment requiring consent), for “responsible medical officer” |
| |
substitute “approved clinician in charge of the treatment”. |
| |
(7) | In section 64 (supplementary provisions for Part 4)— |
| 40 |
(a) | in subsection (1), for the words from ““the responsible” to “treatment” |
| |
substitute ““the responsible clinician” means the approved clinician |
| |
with overall responsibility for the case”, and |
| |
|
| |
|
| |
|
(b) | after that subsection insert— |
| |
“(1A) | Insofar as this Part of this Act applies to a patient who is neither |
| |
liable to be detained under this Act nor a community patient, |
| |
references in this Part to the responsible clinician or the |
| |
approved clinician in charge of the treatment of the patient shall |
| 5 |
be construed as references to the person in charge of the |
| |
| |
15 | Amendments to Part 5 of 1983 Act |
| |
(1) | Part 5 of the 1983 Act (Mental Health Review Tribunals) is amended as follows. |
| |
(2) | In the following provisions, after “registered medical practitioner” insert “or |
| 10 |
| |
(a) | section 67(2) (power to visit and examine patient for the purposes of a |
| |
| |
(b) | section 76(1) (power to visit and examine patient for the purposes of a |
| |
| 15 |
(3) | In section 79 (interpretation of Part 5), in subsection (6), for “, and “the |
| |
responsible medical officer” means the responsible medical officer,” substitute |
| |
“, and “the responsible clinician” means the responsible clinician,”. |
| |
16 | Amendments to other provisions of 1983 Act |
| |
(1) | The 1983 Act is amended as follows. |
| 20 |
(2) | In section 118 (code of practice), in subsection (1)(a), after “registered medical |
| |
practitioners” insert “, approved clinicians”. |
| |
(3) | In the following provisions, after “registered medical practitioner” insert “or |
| |
| |
(a) | section 120(4)(a) (right of person authorised by Secretary of State etc to |
| 25 |
| |
(b) | section 121(5)(a) (right of person authorised by Mental Health Act |
| |
Commission to visit patients). |
| |
(4) | In section 134 (correspondence of patients), in subsection (1), for “registered |
| |
medical practitioner in charge of the treatment of the patient” substitute |
| 30 |
“approved clinician with overall responsibility for the patient’s case”. |
| |
(5) | In section 145 (general interpretation), in subsection (1), insert the following |
| |
definition at the appropriate place— |
| |
““approved clinician” means a person approved by the Secretary of State |
| |
(in relation to England) or by the Welsh Ministers (in relation to Wales) |
| 35 |
to act as an approved clinician for the purposes of this Act;”. |
| |
17 | Amendments to other Acts |
| |
(1) | In section 116B(5) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (provision for |
| |
person subject to hospital order and restriction order to be remitted for trial, |
| |
| 40 |
(a) | for “the responsible medical officer” substitute “the responsible |
| |
| |
|
| |
|
| |
|
(b) | for the words from “In this subsection” to the end substitute— |
| |
| “In this subsection “responsible clinician” means the |
| |
responsible clinician within the meaning of Part 3 of the 1983 |
| |
| |
(2) | In section 116B(5) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (provision for |
| 5 |
person subject to hospital order and restriction order to be remitted for trial, |
| |
| |
(a) | for “the responsible medical officer” substitute “the responsible |
| |
| |
(b) | for the words from “In this subsection” to the end substitute— |
| 10 |
| “In this subsection “responsible clinician” means the |
| |
responsible clinician within the meaning of Part 3 of the 1983 |
| |
| |
(3) | In section 63B(5) of the Naval Discipline Act 1957 (c. 53) (provision for person |
| |
subject to hospital order and restriction order to be remitted for trial, etc)— |
| 15 |
(a) | for “the responsible medical officer” substitute “the responsible |
| |
| |
(b) | for the words from “In this subsection” to the end substitute— |
| |
| “In this subsection “responsible clinician” means the |
| |
responsible clinician within the meaning of Part 3 of the 1983 |
| 20 |
| |
(4) | In section 5A(4) of the Criminal Procedure (Insanity) Act 1964 (c. 84) (provision |
| |
for person subject to hospital order and restriction order to be remitted for trial, |
| |
etc), for “the responsible medical officer” substitute “the responsible clinician”. |
| |
(5) | In section 171 of the Armed Forces Act 2006 (c. 52) (remission for trial)— |
| 25 |
(a) | in subsection (1), for “the responsible medical officer” substitute “the |
| |
responsible clinician”, and |
| |
(b) | in subsection (4) for the definition of “the responsible medical officer” |
| |
| |
““the responsible clinician” means the responsible clinician within |
| 30 |
the meaning of Part 3 of the Mental Health Act 1983.” |
| |
(6) | On the commencement of the repeal of an enactment mentioned in subsection |
| |
(1), (2) or (3) by the Armed Forces Act 2006, that subsection shall also cease to |
| |
| |
18 | Certain registered medical practitioners to be treated as approved under |
| 35 |
| |
In section 12 of the 1983 Act (general provisions as to medical |
| |
recommendations), after subsection (2) insert— |
| |
“(2A) | A registered medical practitioner who is an approved clinician shall be |
| |
treated as also approved for the purposes of this section under |
| 40 |
subsection (2) above as having special experience as mentioned there.” |
| |
|
| |
|