|
| |
|
(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 |
| |
| 5 |
| |
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 |
| |
| 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.” |
| |
| |
(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 |
| |
| |
(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,”. |
| |
| |
(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 |
| |
| 40 |
(b) | in paragraph (b) for “the home” substitute “the establishment in |
| |
| |
| |
|
| |
|
| |
|
(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 |
| |
| 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 |
| |
| |
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 |
| |
| |
(2) | In subsection (4), for paragraphs (a) and (b) substitute— |
| 20 |
| |
(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 |
| |
| |
(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).” |
| |
|
| |
|
| |
|
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”. |
| |
| |
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 |
| |
| |
(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 |
| |
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. |
| |
| |
(a) | after paragraph (c) insert— |
| |
“(ca) | a community treatment order is made in respect of a |
| |
| 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 |
| |
| |
(e) | in paragraph (g), after “treatment” insert “or a community patient”, |
| |
| 40 |
(f) | in paragraph (h), after “this Act” insert “or who is a community |
| |
| |
| |
|
| |
|
| |
|
(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;”, |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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. |
| |
| 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 |
| |
| |
(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 |
| |
| 20 |
(iv) | that appropriate medical treatment is |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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.” |
| |
|
| |
|
| |
|
| |
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 |
| |
| |
| 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. |
| |
| 10 |
(a) | after “liable to be detained under this Act” insert “or to community |
| |
| |
(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 |
| |
(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 |
| |
| 20 |
| |
(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”. |
| |
| |
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”. |
| |
| 35 |
29 | In section 132 (duty of managers of hospitals to give information to detained |
| |
patients), in subsection (2) for “nursing home” substitute “establishment”. |
| |
|
| |
|
| |
|
30 | After section 132 insert— |
| |
“132A | Duty of managers of hospitals to give information to community |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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).” |
| |
| |
34 (1) | Section 145 (interpretation) is amended as follows. |
| |
|
| |
|