House of Commons

Session 2006-07 Publications on the internet Bill Home Page

Notices of Amendments

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given on

Tuesday 1st May 2007

For other Amendment(s) see the following page(s) of Supplement to Votes:
135-165

Public Bill Committee

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Mental Health Bill [Lords]

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Independent mental health advocacy (young persons)

Sandra Gidley
Dr John Pugh

NC24

To move the following Clause:—

‘After section 125 of the 1983 Act insert—

“125C Independent mental health advocacy (young persons)

(1) The appropriate authority must arrange, to such extent as it considers necessary to meet all reasonable requirements, for help from persons to be known as independent mental health advocates, to be available for patients aged 18 years or under.

(2) The help available under the arrangements must include—

(a) help in obtaining information about and understanding of—

(i) what medical treatment is being provided to the patient;

(ii) why it is being provided;

(iii) under what authority it is being provided;

(iv) the requirements of this Act which apply in connection with the patient’s treatment; and

(v) the rights which can be exercised by or in respect of him under this Act; and

(b) help (by way of representation or otherwise) in exercising those rights.”.’.

Advance statements

Mrs Madeleine Moon

NC25

To move the following Clause:—

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

(2) After section 142 insert—

“142A Advance statements

(1) In this section ‘advance statement’ means a written statement made by a patient (‘P’)—

(a) when P has reached the age of 18 and has the capacity to make such a statement, and

(b) deposited with the person (‘N’) who is primarily responsible for P’s care.

(2) An advance statement may contain—

(a) information about P, and

(b) directions as to the persons to whom that information (or specified pieces of information) is to be communicated if P becomes mentally disordered.

(3) N must—

(a) have regard to the advance statement;

(b) ensure that any other person who is concerned with the care of P is aware of the advance statement.

(4) P may—

(a) withdraw an advance statement, or

(b) replace it with an amended advance statement,

at any time when P has the capacity to do so.”.’.

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Prepared: 2 May 2007