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Notices of Amendments


given on

Tuesday 17th April 2007

      For other Amendment(s) see the following page(s) of Supplement to Votes:
      1-15

Public Bill Committee


Mental Health Bill [Lords]


Ms Rosie Winterton

15

Clause 3, page 2, leave out lines 22 to 30 and insert—

      ‘“(3) Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.”’.

Ms Rosie Winterton

16

Page 2, line 32, leave out Clause 4.

Ms Rosie Winterton

17

Clause 5, page 3, line 13, leave out from ‘is’ to end of line 14 and insert ‘appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case.”’.

Ms Rosie Winterton

18

Page 4, line 1, leave out Clause 6.

Ms Rosie Winterton

19

Clause 8, page 4, line 28, at end insert—

      ‘( ) In the following provisions, for the words from “, having regard to” to the end substitute “it is appropriate for the treatment to be given.”—

        (a) section 57(2)(b) (certification of second opinion where treatment requires consent and a second opinion), and

        (b) section 58(3)(b) (certification of second opinion where treatment requires consent or a second opinion).’.

Ms Rosie Winterton

20

Clause 8, page 4, line 31, leave out from ‘is’ to end of line 32 and insert ‘appropriate in his case, taking into account the nature and degree of the mental disorder from which he is suffering and all other circumstances of his case.”’.

Ms Rosie Winterton

21

Page 14, line 14, leave out Clause 24.

Ms Rosie Winterton

22

Clause 32, page 20, line 21, leave out from beginning to ‘and’ in line 32.

Ms Rosie Winterton

23

Clause 32, page 20, line 40, leave out from beginning to end of line 17 on page 21 and insert—

        ‘(b) it is necessary for his health or safety or for the protection of other persons that he should receive such treatment;

        (c) subject to his being liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his continuing to be detained in a hospital;

        (d) 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 medical treatment;’.

Ms Rosie Winterton

24

Clause 32, page 23, line 28, leave out from beginning to ‘the’ and insert ‘in his opinion,’.

Ms Rosie Winterton

25

Clause 32, page 23, line 34, leave out subsection (5).

Ms Rosie Winterton

26

Clause 32, page 25, line 3, after ‘satisfied’, insert ‘and if a statement under subsection (7A) below is made’.

Ms Rosie Winterton

27

Clause 32, page 25, line 4, leave out from ‘report’ to end of line 5 and insert ‘to that effect in the prescribed form’.

Ms Rosie Winterton

28

Clause 32, page 25, line 6, leave out subsection (5).

Ms Rosie Winterton

29

Clause 32, page 25, leave out lines 24 to 43 and insert—

        ‘(b) it is necessary for his health or safety or for the protection of other persons that he should receive such treatment;

        (c) subject to his continuing to be liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his being detained in a hospital;

        (d) it is necessary for his health or safety or for the protection of other persons that he should continue to be liable to be recalled to hospital for medical treatment;’.

Ms Rosie Winterton

30

Clause 32, page 25, line 45, at end insert—

      ‘(7A) The statement referred to in subsection (4) above is a statement in writing by an approved mental health professional—

        (a) that it appears to him that the conditions set out in subsection (7) above are satisfied; and

        (b) that it is appropriate to extend the community treatment period.’.

Ms Rosie Winterton

31

Clause 53, page 45, line 38, leave out ‘54 and’ and insert ‘[Commencement of section [Repeal of provisions for after-care under supervision]] to’.

Ms Rosie Winterton

32

Clause 53, page 46, line 10, after ‘(4)(b)’, insert ‘(including provision within section [Commencement of section [Repeal of provisions for after-care under supervision]])’.

Ms Rosie Winterton

33

Clause 55, page 46, line 22, leave out subsection (2).

Ms Rosie Winterton

34

Schedule 10, page 138, line 29, column 2, at end insert—

‘Sections 25A to 25J.’.

Ms Rosie Winterton

35

Schedule 10, page 138, line 31, column 2, at end insert—

‘In section 32(2)(c), the words “or to after-care under supervision”.
In section 34— (a) in subsection (1), the definitions of “the community responsible medical officer” and “the supervisor”, and (b) subsection (1A).
In section 66(1)— (a) paragraphs (ga), (gb) and (gc) (and the word “or” at the end of each of those paragraphs), and (b) in sub-paragraph (i), the words from “or, in the cases” to the end.
In section 66(2)— (a) in paragraph (d), the words “and (gb)”, and (b) paragraph (fa).
In section 67(1), the words “or to after-care under supervision”.’.

Ms Rosie Winterton

36

Schedule 10, page 138, line 32, column 2, at end insert—

‘Section 72(4A).
In section 76(1), the words from “or to after-care” to “leaves hospital)”.
Section 117(2A).
Section 127(2A).
In section 145— (a) in subsection (1), the definitions of “the responsible after-care bodies” and “supervision application”, and (b) subsection (1A).’.

Ms Rosie Winterton

37

Schedule 10, page 138, line 34, column 2, at end insert—

‘In Part 1 of Schedule 1— (a) in paragraph 2, the words “, 25A, 25B”, and (b) paragraph 8A.’.

Ms Rosie Winterton

38

Schedule 10, page 138, line 34, at end insert—

Mental Health (Patients in the Community) Act 1995 (c. 52) Section 1(1).
In Schedule 1— (a) in paragraph 2, paragraph (c) (and the word “and” immediately preceding it), (b) in paragraph 11, paragraph (a) (and the word “and” at the end of that paragraph), and (c) paragraphs 3, 4, 6, 7, 8(2), 10(1) to (3), 12, 13, 18 and 20.’.

Ms Rosie Winterton

39

Schedule 10, page 138, line 36, at end insert—

National Health Service Reform and Health Care Professions Act 2002 (c. 17) In Schedule 2, paragraphs 43 to 45.
Civil Partnership Act 2004 (c. 33) In Schedule 27, in paragraph 86, paragraph (b) (and the word “and” immediately preceding it).’.

Repeal of provisions for after-care under supervision

Ms Rosie Winterton

NC12

    To move the following Clause:—

      ‘(1) The 1983 Act is amended as follows.

      (2) Sections 25A to 25J (after-care under supervision) are omitted.

      (3) In section 66 (applications to tribunals), in subsection (2)(c), for “cases mentioned in paragraphs (c) and (ga)” substitute “case mentioned in paragraph (c)”.

      (4) In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders: patients not subject to special restrictions), in paragraph 1, for “25C” substitute “26”.’.

Commencement of section [Repeal of provisions for after-care under supervision]

Ms Rosie Winterton

NC13

    To move the following Clause:—

      ‘(1) An order under section 53 providing for the commencement of section [Repeal of provisions for after-care under supervision] may, in particular, provide—

        (a) for that section not to apply to or affect a patient who is subject to after-care under supervision immediately before that commencement, and

        (b) for the patient to cease to be subject to after-care under supervision, and for his case to be dealt with, in accordance with provision made by the order.

      (2) The order may require—

        (a) a Primary Care Trust or Local Health Board to secure that the patient is examined by a registered medical practitioner of a description specified in the order;

        (b) the registered medical practitioner to examine the patient with a view to making a decision about his case by reference to criteria specified in the order.

      (3) The order may require the registered medical practitioner, having complied with provision made by virtue of subsection (2)(b)—

        (a) to discharge the patient,

        (b) to recommend that he be detained in hospital,

        (c) to recommend that he be received into guardianship, or

        (d) to make a community treatment order in respect of him.

      (4) The order may, in respect of a recommendation made by virtue of subsection (3)(b) or (c)—

        (a) provide that the recommendation is to be made to a local social services authority determined in accordance with the order;

        (b) provide that the recommendation is to be made in accordance with any other requirements specified in the order;

        (c) require the local social services authority determined in accordance with paragraph (a), in response to the recommendation, to make arrangements for an approved mental health professional to consider the patient’s case on their behalf.

      (5) The order may provide that a registered medical practitioner shall not make a community treatment order in respect of a patient unless an approved mental health professional states in writing—

        (a) that he agrees with the decision made by the practitioner about the patient’s case, and

        (b) that it is appropriate to make the order.

      (6) An order requiring a registered medical practitioner to make a community treatment order in respect of a patient shall include provision about—

        (a) the effect of the community treatment order (in particular, replacing after-care under supervision with a contingent requirement to attend, and be detained at, a hospital), and

        (b) the effect of its revocation (including, in particular, provision for detention under section 3 of the 1983 Act).

      (7) The order may modify a provision of the 1983 Act in its application in relation to a patient who is subject to after-care under supervision immediately before the commencement of section [Repeal of provisions for after-care under supervision].

      (8) Provision made by virtue of subsection (7) may, in particular—

        (a) modify any of sections 25A to 25J of the 1983 Act in their application in relation to a patient for so long as he is, by virtue of subsection (1)(a), subject to after-care under supervision after the commencement of section [Repeal of provisions for after-care under supervision];

        (b) modify any of sections 17A to 17G, 20A and 20B of that Act (inserted by section 32 of this Act) in their application in relation to a patient in respect of whom a community treatment order is made by virtue of subsection (3)(d).

      (9) A reference in this section to section [Repeal of provisions for after-care under supervision] includes the amendments and repeals in Schedules 3 and 10 consequential on that section.

      (10) An expression used in this section and in the 1983 Act has the same meaning in this section as it has in that Act.’.

Authority to treat community patients

Angela Browning
Tim Loughton
Dr John Pugh
Mr Tim Boswell
Sandra Gidley
Mr Charles Walker

    Andrew Rosindell Dr Richard Taylor

NC14

    To move the following Clause:—

      ‘(1) The 1983 Act is amended as follows.

      (2) In section 58(3) after first “patient” insert “who is liable to be detained under this Act”.

      (3) After section 58 insert—

    58A Consent to treatment of community patients

      (1) Subject to section 62A below, a community patient who has not been recalled to hospital shall not be given any form of treatment to which this section applies unless—

        (a) he has consented to that treatment and either the approved clinician in charge of that treatment or a registered medical practitioner appointed for the purposes of this Part of this Act has certified in writing that the patient is capable of understanding its nature, purpose and likely effect and has consented to it; or

        (b) a registered medical practitioner appointed as aforesaid (not being the approved clinician in charge of the treatment in question) has certified in writing that—

          (i) the patient is not capable of understanding the nature, purpose or likely effects of that treatment; and

          (ii) he has either no reason to believe that the patient objects to being given the treatment, or he does have reason to believe that patient so objects, but it is not necessary to use force against the patient in order to give the treatment; and

          (iii) he is satisfied that the treatment does not conflict with a valid and applicable advance decision, or a decision made by a donee or deputy or the Court of Protection; and

          (iv) having regard to the likelihood of its alleviating or preventing a deterioration of his condition, the treatment should be given.

      (2) Where a patient who has been liable to detention under this Act has been administered medication for mental disorder to which this section applies for less than three months prior to becoming a community patient, the period mentioned in subsection (1)(b) shall be read to extend for no longer than one month beginning with the day on which the community treatment order is made.

      (3) The Secretary of State may by order vary the length of the period mentioned in subsection (2).

      (4) Certification under subsection (1)(b) may take place whilst a patient remains liable to be detained, but will not come into force until the responsible clinician discharges the patient from detention in hospital under the terms of section 17A(1) above.

      (5) Before giving a certificate under subsection (1)(b) the registered medical practitioner shall consult two other persons, who have been professionally concerned with the patient’s treatment, but of those persons—

        (a) at least one shall be a person who is not a registered medical practitioner; and

        (b) neither shall be the patient’s responsible clinician or the approved clinician in charge of the treatment in question.

      (6) In section 61(1) leave out ‘or 58(3)(b)’ and insert ‘58(3)(b), or 58A(1)(b)’.

      (7) In section 61(1)(a) after ‘20(3)’ insert ‘, 20A(4)’.

      (8) In section 61(3) for ‘responsible medical officer’ substitute ‘approved clinician in charge of the treatment in question’.

      (9) In section 61(3), leave out ‘or 58(3)(b)’ and insert ‘58(3)(b), or 58A(1)(b)’.”.

      (4) After section 62(2) insert—

      “(2A) Section 62A below shall not preclude the continuation of any treatment or of treatment under any plan pending compliance with section 58 where a community patient is recalled to hospital or a community treatment order is revoked and—

        (a) the patient is capable of understanding the nature, purpose and likely effect of that treatment and has consented to it; or

        (b) the patient is not capable of understanding the nature, purpose and likely effect of that treatment, but it is not necessary to use force against the patient in order to give the treatment.”.

      (5) After section 62 (Urgent Treatment) insert—

    62A Treatment on recall of community patient or revocation of order

      (1) This section applies where—

        (a) a community patient is recalled to hospital under section 17E above; or

        (b) a patient is liable to be detained under this Act following the revocation of a community treatment order under section 17F above in respect of him.

      (2) Subject to section 62, a patient to whom this section applies shall not be given any form of treatment to which section 58 applies without its certification under section 58(3) following that recall or revocation.”.

      (6) In section 64 (supplementary provisions for Part IV) after subsection (2) insert—

      “(3) In this Part of this Act, references to ‘not capable of understanding the nature, purpose and likely effects of treatment’ are to be read in accordance with the test established under section 3 of the Mental Capacity Act 2005 (c. 9).

      (4) References to a donee are to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act.

      (5) References to a deputy are to a deputy appointed for the patient by the Court of Protection under section 16 of the Mental Capacity Act 2005, where the deputy is acting within the scope of his authority and in accordance with that Act.

      (6) Reference to the responsible clinician shall be construed as a reference to the responsible clinician within the meaning of Part 2 of this Act.

      (7) References to a hospital include a registered establishment.”.

      (7) In section 119 (practitioners approved for Part 4 and section 118)—

        (a) in subsection (2)(a) for “registered establishment” substitute “hospital or registered establishment or any community patient in a hospital or establishment of any description or (if access is granted) other place”,

        (b) in subsection (2)(b), leave out “in that home” and insert “there”,

        (c) after subsection (2) insert—

      “(3) In this section, ‘establishment of any description’ shall be construed in accordance with section 4(8) of the Care Standards Act 2000.”.

      (8) The Mental Capacity Act 2005 (c. 9) is amended as follows.

      (9) In section 28 (Mental Health Act matters) after subsection (1) insert—

      “(1A) Section 5 does not apply to an act to which section 58A of the Mental Health Act 2007 (c. ) applies.”.’.


 
 
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Prepared: 18 April 2007