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Public Bill Committee Proceedings: 15th May 2007          

37

 

Mental Health Bill[ [], continued

 
 

“(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,


 
 

Public Bill Committee Proceedings: 15th May 2007          

38

 

Mental Health Bill[ [], continued

 
 

(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

 

Not called  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.”’.

 



 
 

Public Bill Committee Proceedings: 15th May 2007          

39

 

Mental Health Bill[ [], continued

 
 

Right to move hospital (No. 2)

 

Tim Loughton

 

Angela Browning

 

Mr Tim Boswell

 

Mr Charles Walker

 

James Duddridge

 

Andrew Rosindell

 

Withdrawn  NC22

 

To move the following Clause:—

 

‘(1)    

The 1983 Act is amended as follows.

 

(2)    

After section 19 (regulations as to transfer of patients) insert—

 

“19A  

The right to move hospital

 

(1)    

The appropriate authority shall have a duty to inform a patient and his

 

nearest relative that a request can be made to move from one hospital to

 

another if there is a good reason to do so.

 

(2)    

All applications shall be recorded by the appropriate authority.

 

(3)    

If an application is refused, written reasons shall be provided to the

 

applicant and, subject to the wishes of the patient, to the nearest

 

relative.”.’.

 


 

Minors

 

Tim Loughton

 

Sandra Gidley

 

Angela Browning

 

Dr John Pugh

 

Mr Tim Boswell

 

Mr Charles Walker

 

Not called  nc23

 

To move the following Clause:—

 

‘(1)    

After section 38 of the 1983 Act insert—

 

“38A  

Hospital and guardianship orders (minors)

 

In the case of an offender who has not attained the age of 18 years the

 

court shall not make an order under sections 35 (remand to hospital for

 

report), 36 (remand to hospital for treatment), 37 (hospital and

 

guardianship orders) or 38 (interim hospital orders) unless satisfied that

 

the services and accommodation to be provided are sufficient for the

 

particular needs of that offender.”’.

 



 
 

Public Bill Committee Proceedings: 15th May 2007          

40

 

Mental Health Bill[ [], continued

 
 

Independent mental health advocacy (young persons)

 

Sandra Gidley

 

Dr John Pugh

 

Not called  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

 

Not called  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.


 
 

Public Bill Committee Proceedings: 15th May 2007          

41

 

Mental Health Bill[ [], continued

 
 

(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.”.’.

 


 

Race equality duty

 

Mr Tim Boswell

 

Tim Loughton

 

Angela Browning

 

Mr Charles Walker

 

James Duddridge

 

Andrew Rosindell

 

Not selected  NC26

 

To move the following Clause:—

 

‘After section 114 of the 1983 Act insert—

 

“114B

Duty to implement the Race Equality Duty

 

(1)    

 

(a)    

The local social services authority; and

 

(b)    

the relevant body responsible for registered medical practitioners

 

and approved clinicians

 

shall implement the general race equality duty under section 71(1) of the

 

Race Relations Act 1976, through actions which shall include—

 

(i)    

the collecting and analysing of relevant data;

 

(ii)    

involving affected persons and organisations in matters

 

concerning service delivery;

 

(iii)    

preparing and implementing an equality action plan; and

 

(iv)    

publicly reporting each year on their performance on

 

race equality.

 

(2)    

Approved mental health practitioners and approved clinicians and

 

registered medical practitioners in assisting their regulatory bodies with

 

the performance of their duty under section 1 shall—

 

(a)    

monitor and evaluate their decisions and practices in the exercise

 

of their functions under the Act;

 

(b)    

take action to eliminate unlawful racial discrimination arising

 

from the exercise of their function; and

 

(c)    

report on such action to their regulatory body.

 

(3)    

The appropriate national authority may by regulations make provision

 

for training for approved mental health professionals, approved


 
 

Public Bill Committee Proceedings: 15th May 2007          

42

 

Mental Health Bill[ [], continued

 
 

clinicians and registered medical practitioners to include training in

 

cultural awareness.”.’.

 


 

Amendment to section 40 of Mental Capacity Act 2005

 

Angela Browning

 

Tim Loughton

 

Dr John Pugh

 

Sandra Gidley

 

Mr Tim Boswell

 

Mr Charles Walker

 

Withdrawn  nc27

 

To move the following Clause:—

 

‘(1)    

In section 40 of the Mental Capacity Act 2005—

 

(a)    

in paragraph (a) after “P” insert, “other than a donee for property and

 

affairs of P acting in a professional capacity”,

 

(b)    

in paragraph (c) after “P” insert, “other than a deputy who has been

 

appointed by the Court for the property and affairs of P in a professional

 

capacity.”,

 

(c)    

in paragraph (d) after “P” insert, “other than a donee acting in a

 

professional capacity”’.

 


 

Ms Rosie Winterton

 


 

That certain written evidence already reported to the House be appended to the proceedings of the

 

Committee.

 

Agreed to  

 

Bill, as amended, to be reported.

 


 
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