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Mental Health Bill [HL]


Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

59

 

(b)   

sections 21 and 21A above shall apply as if he had absented

himself without leave on the day on which he is discharged

from custody and had returned himself as provided in those

sections on the last day of the period of 28 days beginning

with that day.”

5

Discharge

10    (1)  

Section 23 (discharge of patients) is amended as follows.

      (2)  

In subsection (1) for the words from “from detention” to the end substitute

“absolutely from detention or guardianship is made in accordance with this

section”.

10

      (3)  

After subsection (1) insert—

“(1A)   

Subject to the provisions of this section and section 25 below, a

community patient shall cease to be liable to recall under this Part of

this Act, and the application for admission for treatment cease to

have effect, if an order in writing discharging him from such liability

15

is made in accordance with this section.

(1B)   

An order under subsection (1) or (1A) above shall be referred to in

this Act as “an order for discharge”.”

      (4)  

In subsection (2), after paragraph (b) insert—

“(c)   

where the patient is a community patient, by the responsible

20

clinician, by the managers of the responsible hospital or by

the nearest relative of the patient.”

      (5)  

In subsection (3)—

(a)   

for the words from “is liable” to “treatment” substitute “falls within

subsection (3A) below”, and

25

(b)   

for “the patient is maintained” substitute “arrangements have been

made in respect of the patient”.

      (6)  

After subsection (3) insert—

“(3A)   

A patient falls within this subsection if—

(a)   

he is liable to be detained in a registered establishment in

30

pursuance of an application for admission for assessment or

for treatment; or

(b)   

he is a community patient and the responsible hospital is a

registered establishment.”

11    (1)  

Section 24 (visiting and examination of patients) is amended as follows.

35

      (2)  

In subsection (1), after “this Act” insert “, or who is a community patient,”.

      (3)  

In subsection (3)—

(a)   

for the words from “, in respect of” to “his discharge” substitute “any

power under section 23(3) above to make an order for a patient’s

discharge”, and

40

(b)   

in paragraph (b) for “the home” substitute “the establishment in

question”.

      (4)  

In subsection (4)—

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

60

 

(a)   

after “the detention of the patient” insert “, or (as the case may be) for

his liability to recall,” and

(b)   

for “the home” substitute “the establishment”.

12    (1)  

Section 25 (restrictions on discharge by nearest relative) is amended as

follows.

5

      (2)  

In subsection (1), after “shall not be made” insert “under section 23 above”.

      (3)  

After that subsection insert—

“(1A)   

Subsection (1) above shall apply to an order for the discharge of a

community patient as it applies to an order for the discharge of a

patient who is liable to be detained in a hospital, but with the

10

reference to the managers of the hospital being read as a reference to

the managers of the responsible hospital.”

      (4)  

In subsection (2), after “treatment” insert “, or in respect of a community

patient,”.

Orders appointing acting nearest relative

15

13         

In section 29 (appointment by court of acting nearest relative), in subsection

(3)(d) omit the words “from hospital or guardianship”.

14    (1)  

Section 30 (discharge and variation of orders under section 29) is amended

as follows.

      (2)  

In subsection (4), for paragraphs (a) and (b) substitute—

20

“(a)   

if—

(i)   

on the date of the order the patient was liable to be

detained or subject to guardianship by virtue of a

relevant application, order or direction; or

(ii)   

he becomes so liable or subject within the period of

25

three months beginning with that date; or

(iii)   

he was a community patient on the date of the order,

   

it shall cease to have effect when he is discharged under

section 23 above or 72 below or the relevant application,

order or direction otherwise ceases to have effect (except as a

30

result of his being transferred in pursuance of regulations

under section 19 above);

(b)   

otherwise, it shall cease to have effect at the end of the period

of three months beginning with the date of the order.”

      (3)  

After subsection (4) insert—

35

“(4A)   

In subsection (4) above, reference to a relevant application, order or

direction is to any of the following—

(a)   

an application for admission for treatment;

(b)   

a guardianship application;

(c)   

an order or direction under Part 3 of this Act (other than

40

under section 35, 36 or 38).”

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

61

 

Regulations for purposes of Part 2

15         

In section 32 (regulations for purposes of Part 2), in subsection (2)(c) after

“this Part of this Act” insert “or community patients”.

Wards of court

16    (1)  

Section 33 (special provisions as to wards of court) is amended as follows.

5

      (2)  

In subsection (2), after “admission under this Part of this Act” insert “or is a

community patient”.

      (3)  

For subsection (4) substitute—

“(4)   

Where a community treatment order has been made in respect of a

minor who is a ward of court, the provisions of this Part of this Act

10

relating to community treatment orders and community patients

have effect in relation to the minor subject to any order which the

court makes in the exercise of its wardship jurisdiction; but this does

not apply as regards any period when the minor is recalled to

hospital under section 17E above.”

15

Restricted patients

17         

In section 41 (power of higher courts to restrict discharge from hospital), in

subsection (3)(aa) for “after-care under supervision” substitute “community

treatment orders and community patients”.

Applications and references to Mental Health Review Tribunal

20

18    (1)  

Section 66 (applications to tribunals) is amended as follows.

      (2)  

In subsection (1)—

(a)   

after paragraph (c) insert—

“(ca)   

a community treatment order is made in respect of a

patient; or

25

(cb)   

a community treatment order is revoked under

section 17F above in respect of a patient; or”,

(b)   

in paragraph (f), after “discharged” insert “under section 23 above”,

(c)   

after that paragraph insert—

“(fza)   

a report is furnished under section 20A above in

30

respect of a patient and the patient is not discharged

under section 23 above; or”,

(d)   

after paragraph (fa) insert—

“(faa)   

a report is furnished under subsection (2) of section

21B above in respect of a community patient and

35

subsection (6A) of that section applies (or subsections

(6A) and (6B)(b) of that section apply) in the case of

the report; or”,

(e)   

in paragraph (g), after “treatment” insert “or a community patient”,

and

40

(f)   

in paragraph (h), after “this Act” insert “or who is a community

patient”.

      (3)  

In subsection (2)—

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

62

 

(a)   

after paragraph (c) insert—

“(ca)   

in the case mentioned in paragraph (ca) of that

subsection, six months beginning with the day on

which the community treatment order is made;

(cb)   

in the case mentioned in paragraph (cb) of that

5

subsection, six months beginning with the day on

which the community treatment order is revoked;”,

and

(b)   

after paragraph (f) insert—

“(fza)   

in the cases mentioned in paragraphs (fza) and (faa)

10

of that subsection, the period or periods for which the

community treatment period is extended by virtue of

the report;”.

      (4)  

After subsection (2) insert—

“(2A)   

Nothing in subsection (1)(b) above entitles a community patient to

15

make an application by virtue of that provision even if he is admitted

to a hospital on being recalled there under section 17E above.”

19         

In section 67 (references to tribunals by Secretary of State concerning Part 2

patients), in subsection (1), at the end insert “or of any community patient”.

20         

In section 69 (applications to tribunals concerning patients subject to

20

hospital and guardianship orders)—

(a)   

in subsection (1), for paragraph (a) substitute—

“(a)   

in respect of a patient liable to be detained in

pursuance of a hospital order or a community patient

who was so liable immediately before he became a

25

community patient, by the nearest relative of the

patient in any period in which an application may be

made by the patient under any such provision as so

applied;”,

(b)   

in subsection (2)(b), omit the words “45B(2), 46(3),”, and

30

(c)   

after subsection (2) insert—

“(3)   

The provisions of section 66 above as applied by section 40(4)

above are subject to subsection (4) below.

(4)   

If the initial detention period has not elapsed when the

relevant application period begins, the right of a hospital

35

order patient to make an application by virtue of paragraph

(ca) or (cb) of section 66(1) above shall be exercisable only

during whatever remains of the relevant application period

after the initial detention period has elapsed.

(5)   

In subsection (4) above—

40

(a)   

“hospital order patient” means a patient who is

subject to a hospital order, excluding a patient of a

kind mentioned in paragraph (a) or (b) of subsection

(2) above;

(b)   

“the initial detention period”, in relation to a hospital

45

order patient, means the period of six months

beginning with the date of the hospital order; and

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

63

 

(c)   

“the relevant application period” means the relevant

period mentioned in paragraph (ca) or (cb), as the

case may be, of section 66(2) above.”

21    (1)  

Section 72 (powers of tribunals) is amended as follows.

      (2)  

In subsection (1)—

5

(a)   

after “this Act” insert “or is a community patient”, and

(b)   

after paragraph (b) insert—

“(c)   

the tribunal shall direct the discharge of a community

patient if they are not satisfied—

(i)   

that he is then suffering from mental disorder

10

or mental disorder of a nature or degree which

makes it appropriate for him to receive

medical treatment; or

(ii)   

that it is necessary for his health or safety or

for the protection of other persons that he

15

should receive such treatment; or

(iii)   

that it is necessary for his health or safety or

for the protection of other persons that he

should be liable to be recalled to hospital for

that purpose; or

20

(iv)   

that appropriate medical treatment is

available for him; or

(v)   

in the case of an application by virtue of

paragraph (g) of section 66(1) above, that the

patient, if discharged, would be likely to act in

25

a manner dangerous to other persons or to

himself.”

      (3)  

For subsection (3A) substitute—

“(3A)   

Subsection (1) above does not require a tribunal to direct the

discharge of a patient just because they think it might be appropriate

30

for the patient to be discharged (subject to the possibility of recall)

under a community treatment order; and a tribunal—

(a)   

may recommend that the responsible clinician consider

whether to make a community treatment order; and

(b)   

may (but need not) further consider the patient’s case if the

35

responsible clinician does not make an order.”

22         

In section 76 (visiting and examination of patients), in subsection (1), after

“this Act” insert “or a community patient,”.

23         

In section 77 (general provisions concerning tribunal applications), in

subsection (3) for the words from “to the tribunal” to the end substitute—

40

“(a)   

in the case of a patient who is liable to be detained in a

hospital, to the tribunal for the area in which that hospital is

situated;

(b)   

in the case of a community patient, to the tribunal for the area

in which the responsible hospital is situated;

45

(c)   

in the case of a patient subject to guardianship, to the tribunal

for the area in which the patient is residing.”

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

64

 

After-care services

24         

In section 117 (after-care), in subsection (2) for the words from “patient who

is subject” to the end substitute “community patient while he remains such

a patient.”

Code of practice

5

25         

In section 118 (code of practice), in subsection (1)(a) for “after-care under

supervision” substitute “community patients”.

General protection of detained patients

26    (1)  

Section 120 (general protection of detained patients) is amended as follows.

      (2)  

In subsection (1)—

10

(a)   

after “liable to be detained under this Act” insert “or to community

patients”,

(b)   

in paragraph (a) after “registered establishments” insert “and

community patients in hospitals and establishments of any

description and (if access is granted) other places”, and

15

(c)   

in paragraph (b)—

(i)   

in sub-paragraph (i), after “this Act in” insert “, or recalled

under section 17E above to,”, and

(ii)   

in sub-paragraph (ii), after “detained” insert “or is or has been

a community patient”.

20

      (3)  

In subsection (4)—

(a)   

in paragraph (a), for “registered establishment” substitute “hospital

or establishment of any description”, and

(b)   

in paragraph (b), for “in a registered establishment” substitute

“under this Act or who is or has been a community patient”.

25

      (4)  

After subsection (7) insert—

“(8)   

In this section, “establishment of any description” has the same

meaning as in section 119 above.”

27         

In section 121 (Mental Health Act Commission), in subsection (4), for the

words from “not liable” to the end substitute “neither liable to be detained

30

under this Act nor community patients”.

Offences

28         

In section 128 (assisting patients to absent themselves without leave, etc), in

subsection (1) after “under this Act” insert “or is a community patient”.

Duty to give information

35

29         

In section 132 (duty of managers of hospitals to give information to detained

patients), in subsection (2) for “nursing home” substitute “establishment”.

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

65

 

30         

After section 132 insert—

“132A   

Duty of managers of hospitals to give information to community

patients

(1)   

The managers of the responsible hospital shall take such steps as are

practicable to ensure that a community patient understands—

5

(a)   

the effect of the provisions of this Act applying to community

patients; and

(b)   

what rights of applying to a Mental Health Review Tribunal

are available to him in that capacity;

   

and those steps shall be taken as soon as practicable after the patient

10

becomes a community patient.

(2)   

The steps to be taken under subsection (1) above shall include giving

the requisite information both orally and in writing.

(3)   

The managers of the responsible hospital shall, except where the

community patient otherwise requests, take such steps as are

15

practicable to furnish the person (if any) appearing to them to be his

nearest relative with a copy of any information given to him in

writing under subsection (1) above; and those steps shall be taken

when the information is given to the patient or within a reasonable

time thereafter.”

20

31         

In section 133 (duty of managers of hospitals to inform nearest relatives of

discharge), after subsection (1) insert—

“(1A)   

The reference in subsection (1) above to a patient who is to be

discharged includes a patient who is to be discharged from hospital

under section 17A above.

25

(1B)   

Subsection (1) above shall also apply in a case where a community

patient is discharged under section 23 or 72 above (otherwise than by

virtue of an order for discharge made by his nearest relative), but

with the reference in that subsection to the managers of the hospital

or registered establishment being read as a reference to the managers

30

of the responsible hospital.”

Retaking of patients escaping from custody

32         

In section 138 (retaking of patients escaping from custody), in subsection

(1)(b) after “under this Act,” insert “or a community patient who was

recalled to hospital under section 17E above,”.

35

Members of Parliament suffering from mental disorder

33         

In section 141 (Members of Parliament suffering from mental disorder), after

subsection (6B) (inserted by Schedule 1 to this Act) insert—

“(6C)   

References in this section to a member who is authorised to be

detained shall not include a member who is a community patient

40

(whether or not he is recalled to hospital under section 17E above).”

Interpretation

34    (1)  

Section 145 (interpretation) is amended as follows.

 

 

 
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