|
|
| |
| |
|
| | “(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 |
|
| | |
| | (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 |
|
| | |
| | (ii) | has not been subjected to any undue influence in making |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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— |
|
| | |
| | (b) | the local social services authority in which the nominator resides, |
|
| | |
| | (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, |
|
| | |
| | |
|
|
| |
| |
|
| | (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 |
|
| |
| | |
| 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 |
|
| | |
| | (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 |
|
| | |
| | (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 |
|
| | |
| | (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.”’. |
|
| |
|
|
| |
| |
|
| | Right to move hospital (No. 2) |
|
| |
| |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
| |
| | |
| |
| |
| |
| |
| |
| |
| | |
| 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.”’. |
|
| |
|
|
| |
| |
|
| | Independent mental health advocacy (young persons) |
|
| |
| |
| | |
| 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 |
|
| | |
| | (b) | help (by way of representation or otherwise) in exercising those |
|
| | |
| |
| | |
| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | The 1983 Act is amended as follows. |
|
| | (2) | After section 142 insert— |
|
| | |
| | (1) | In this section ‘advance statement’ means a written statement made by a |
|
| | |
| | (a) | when P has reached the age of 18 and has the capacity to make |
|
| | |
| | (b) | deposited with the person (‘N’) who is primarily responsible for |
|
| | |
| | (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. |
|
|
|
| |
| |
|
| | |
| | (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. |
|
| | |
| | (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.”.’. |
|
| |
| | |
| |
| |
| |
| |
| |
| |
| | |
| To move the following Clause:— |
|
| | ‘After section 114 of the 1983 Act insert— |
|
| | “114B | Duty to implement the Race Equality Duty |
|
| | |
| | (a) | The local social services authority; and |
|
| | (b) | the relevant body responsible for registered medical practitioners |
|
| | |
| | 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 |
|
| | |
| | (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 |
|
|
|
| |
| |
|
| | clinicians and registered medical practitioners to include training in |
|
| | |
| |
| | Amendment to section 40 of Mental Capacity Act 2005 |
|
| |
| |
| |
| |
| |
| |
| | |
| 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 |
|
| | |
| | (c) | in paragraph (d) after “P” insert, “other than a donee acting in a |
|
| | |
| |
| |
| |
| That certain written evidence already reported to the House be appended to the proceedings of the |
|
| |
| | |
| | Bill, as amended, to be reported. |
|
| |
|