House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Notices of Amendments

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given on

Tuesday 24th April 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:
66-92

Public Bill Committee

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Mental Health Bill [Lords]

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Local arrangements for assessment, conveyance and admission of urgent cases

Ann Coffey

NC18

To move the following Clause:—

‘In the 1983 Act, for Section 140 (Notification of hospitals) substitute—

“140 Local arrangements for assessment, conveyance and admission of urgent cases

(1) It shall be the duty of every Primary Care Trust, in conjunction with—

(a) the NHS Trusts contracted to provide in-patient mental health services and ambulance services within its area,

(b) the police authority or authorities within its area, and

(c) the local social services authority or authorities within its area,

to prepare, publish and maintain a comprehensive, up-to-date scheme for the safe, timely and effective management of the cases of patients within its area who may require urgent admission to hospital for treatment for mental disorder, whether under this Act or otherwise.

(2) This scheme shall include details of—

(a) the arrangements for the assessment of urgent cases and for ensuring the safety of the patient, carers, those carrying out the assessment and any other persons present during the assessment,

(b) the arrangements for obtaining a bed, if required, and the criteria for determining the relative priority of urgent cases awaiting admission,

(c) the arrangements for ensuring safe custody and conveyance of patients who need to be admitted to hospital under Section 6(1) of this Act,

(d) agreed time-limits for response by the bodies listed in 1 (a-c) above in cases of urgency where there is a serious risk to the safety of the patient or others.’”.

Responsibility for conveyance to hospital

Ann Coffey

NC19

To move the following Clause:—

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

(2) In Section 11(2) after “sought”, insert “or in the case of a National Health Service patient, to the NHS Trust responsible for hospital provision”.

(3) In Section 6(1) for “applicant, or any person authorised by the applicant” substitute “the body to which the application is addressed, or any person authorised by that body” and for “convey him to the hospital” substitute “convey him to the hospital identified by that body as being able to receive him.”’.

Nearest relative (named persons)

Sandra Gidley
Dr John Pugh

NC20

To move the following Clause:—

‘(1) Section 26 of the 1983 Act (“definitions of relative” and “nearest relative”) is amended as follows.

(2) In the cross-heading preceding Section 26 after “functions of relatives” insert “, persons acting as relatives”.

(3) Before subsection (1) insert—

“(A1) In this Part of the Act “named person” means any person—

(a) described in subsection (1) below; or

(b) not described in subsection (1) below who is the patient’s carer;

who has been nominated by the patient in accordance with subsection (1A) below.

(B1) In this Part of the Act “carer” has the same meaning as in Section 1(1)(a) of the Carers and Disabled Children Act 2000.”.

(4) After subsection (1) insert—

“(1A) A person is a named person in accordance with this subsection if—

(a) the nomination is signed by the nominator and the named person;

(b) the nominator’s and named person’s signatures are witnessed by two prescribed persons;

(c) each prescribed person certifies that, in the opinion of the prescribed person, the nominator—

(i) understands that the effect of nominating a person to be the named person will give him the role of nearest relative; and

(ii) has not been subjected to any undue influence in making the nomination;

(d) each prescribed person certifies that, in the opinion of the prescribed person, the named person—

(i) understands and is capable of performing the functions of the nearest relative; and

(ii) has not been subjected to any undue influence in agreeing to the nomination;

(e) the nomination has been forwarded to and registered with the local social services authority;

(f) in this part a prescribed person is—

(i) an Approved Mental Health Professional,

(ii) an Approved Clinician,

(iii) a provider of reserved legal service,

(iv) an Independent Mental Capacity Advocate.

(1B) A nomination under subsection (1A) above may be revoked by the nominator in accordance with subsection (1D) below.

(1C) The nomination of a named person is revoked in accordance with this subsection if—

(a) the revocation is signed by the nominator;

(b) the nominator’s signature is witnessed by a prescribed person;

(c) the prescribed person certifies that, in the opinion of the prescribed person, the nominator—

(i) understands the effect of revoking the appointment of a person as named person; and

(ii) has not been subjected to any undue influence in making the revocation.

(1D) The nomination of a named person shall be effective notwithstanding the nominator’s becoming, after making the nomination, incapable.

(1E) A person nominated under subsection (1) above may decline to be the nominator’s named person by giving notice to—

(a) the nominator; and

(b) the local social services authority in which the nominator resides,

to that effect.”.

(5) For subsection (3) substitute—

“(3) In this Part of the Act, subject to the provisions of this section and to the following provisions of this Part of this Act, the “nearest relative” means, in descending order—

(a) the named person,

(b) the person first described in subsection (1) above who is for the time being surviving, relatives of the whole blood being preferred to relatives of the same description of the halfblood and the elder of eldest of two or more relatives described in any paragraph of that subsection being preferred to the other or others of those relatives, regardless of sex.”.

(6) In Section 26(4) after “his nearest relative”, insert “under subsection 3(b) above”.

(7) In Section 26(5) leave out “(3)” and insert “(3)(b)”.’.

Independent mental health advocate

Meg Hillier

NC21

To move the following Clause:—

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

(2) After Section 59 insert—

“59A Independent mental health advocate

(1) The appropriate authority shall have a duty to arrange for assistance to be provided from independent mental health advocates to be available to patients—

(a) detained under this Act, or

(b) subject to a compulsory treatment order,

at the end of the compulsory period of their treatment.

(2) Assistance provided under subsection (1) shall ensure that each of the following matters is addressed—

(a) help is available to patients in obtaining comprehensible information about—

(i) the medical treatment available to them in the community and access to such treatment,

(ii) social and care support in the community and access to such support, and

(b) help is available to patients to exercise their rights and entitlements in accessing treatment.

(3) The Secretary of State may by regulations specify the qualifications necessary for a person to act as an independent mental health advocate.”’.

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Prepared: 25 April 2007