Mental Health Bill [HL]
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department of Health and the Home
Office, in consultation with the Welsh Assembly Government, will be published
separately as Bill 76—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Ms Secretary Hewitt has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Mental Health Bill [HL] are compatible with the
Convention rights.
Bill 76
54/2
Contents
Part 1
Amendments to Mental Health Act 1983
Chapter 1
Changes to key provisions
Mental disorder
1
Removal of categories of mental disorder
2
Learning disability
3
Changes to exclusions from operation of 1983 Act
Tests for detention etc
4
Impaired decision making: admission for assessment and treatment
5
Replacement of “treatability” and “care” tests with appropriate treatment test
6
Renewal of detention
7
Further cases in which appropriate treatment test is to apply
Medical treatment
8
Appropriate treatment test in Part 4 of 1983 Act
9
Change in definition of “medical treatment”
Fundamental principles
10
The fundamental principles
Chapter 2
Professional roles
Approved clinicians and responsible clinicians
11
Amendments to Part 2 of 1983 Act
12
Amendments to Part 3 of 1983 Act
ii
13
Further amendments to Part 3 of 1983 Act
14
Amendments to Part 4 of 1983 Act
15
Amendments to Part 5 of 1983 Act
16
Amendments to other provisions of 1983 Act
17
Amendments to other Acts
18
Certain registered medical practitioners to be treated as approved under
section 12 of 1983 Act
19
Regulations as to approvals in relation to England and Wales
Approved mental health professionals
20
21
Approval of courses etc for approved mental health professionals
22
Amendment to section 62 of Care Standards Act 2000
23
Approved mental health professionals: further amendments
24
Children and young people
Conflicts of interest in professional roles
25
Conflicts of interest
Chapter 3
Safeguards for patients
Patient’s nearest relative
26
Extension of power to appoint acting nearest relative
27
Discharge and variation of orders appointing nearest relative
28
Restriction of nearest relative’s right to apply to tribunal
29
Civil partners
Consent to treatment
30
Electro-convulsive therapy, etc.
31
Section 30: supplemental
Chapter 4
Supervised community treatment
32
Community treatment orders, etc
33
Relationship with leave of absence
34
35
Authority to treat
Chapter 5
Mental Health Review Tribunals
36
References
37
Organisation
iii
Chapter 6
Cross-border patients
38
Cross-border arrangements
Chapter 7
Restricted patients
39
Restriction orders
40
Conditionally discharged patients subject to limitation directions
Chapter 8
Miscellaneous
41
Offence of ill-treatment: increase in maximum penalty on conviction on
indictment
42
Informal admission of patients aged 16 or 17
43
Places of safety
44
Delegation of powers of managers of NHS foundation trusts
45
Local Health Boards
46
Welsh Ministers: procedure for instruments
Part 2
Amendments to Mental Capacity Act 2005
47
Mental Capacity Act 2005: deprivation of liberty
48
Amendment to section 20(11) of Mental Capacity Act 2005
Part 3
General
49
Meaning of “1983 Act”
50
Transitional provisions and savings
51
Consequential provisions
52
Repeals and revocations
53
Commencement
54
Extent
55
Short title
Schedule 1 —
Categories of mental disorder: further amendments etc
Part 1 —
Amendments to 1983 Act
Part 2 —
Schedule 2 —
to 1983 Act
Schedule 3 —
Supervised community treatment: further amendments to
1983 Act
iv
Schedule 4 —
Supervised community treatment: amendments to other Acts
Schedule 5 —
Amendments to Part 6 of 1983 Act
Related amendments
Schedule 6 —
Mental Capacity Act 2005: new Schedule A1
Schedule 7 —
Mental Capacity Act 2005: new Schedule 1A
Schedule 8 —
Amendments relating to new section 4A of,& Schedule A1 to,
Mental Capacity Act 2005
Other amendments to Mental Capacity Act 2005
Schedule 9 —
Schedule 10 —
Replacement of “treatability” and “care” tests
Part 3 —
Part 4 —
Part 5 —
Part 6 —
Organisation of tribunals
Part 7 —
Part 8 —
Part 9 —
Part 10 —
Deprivation of liberty