Mental Health Bill [HL]

House of Commons

Session 2006 - 07
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Mental Health Bill [HL]

Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1
100

      (3)
If the supervisory body are required by paragraph 50(1) to give the
requested authorisation, the urgent authorisation ceases to be in
force when the requested authorisation comes into force.
      (4)
If the supervisory body are prohibited by paragraph 50(2) from
giving the requested authorisation, the urgent authorisation
5
ceases to be in force when the managing authority receive notice
under paragraph 58.
      (5)
In this paragraph—
“required request” means the request referred to in
paragraph 76(2) or (3);
10
“requested authorisation” means the standard authorisation
to which the required request relates.
      (6)
This paragraph does not affect the powers of the Court of
Protection or of any other court.
90    (1)
This paragraph applies if an urgent authorisation ceases to be in
15
force.
      (2)
The supervisory body must give notice that the authorisation has
ceased to be in force.
      (3)
The supervisory body must give that notice to all of the
following—
20
(a)
the relevant person;
(b)
any section 39A IMCA.
      (4)
The supervisory body must give that notice as soon as practicable
after the authorisation ceases to be in force.
Part 6
25
Eligibility requirement not met:
suspension of standard authorisation
91    (1)
This Part applies if the following conditions are met.
      (2)
The first condition is that a standard authorisation—
(a)
has been given, and
30
(b)
has not ceased to be in force.
      (3)
The second condition is that the managing authority of the
relevant hospital or care home are satisfied that the relevant
person has ceased to meet the eligibility requirement.
      (4)
But this Part does not apply if the relevant person is ineligible by
35
virtue of paragraph 5 of Schedule 1A (in which case see Part 8).
92
The managing authority of the relevant hospital or care home
must give the supervisory body notice that the relevant person has
ceased to meet the eligibility requirement.
93    (1)
This paragraph applies if the managing authority give the
40
supervisory body notice under paragraph 92.

Mental Health Bill [HL]
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      (2)
The standard authorisation is suspended from the time when the
notice is given.
      (3)
The supervisory body must give notice that the standard
authorisation has been suspended to the following persons—
(a)
the relevant person;
5
(b)
the relevant person’s representative;
(c)
the managing authority of the relevant hospital or care
home.
94    (1)
This paragraph applies if, whilst the standard authorisation is
suspended, the managing authority are satisfied that the relevant
10
person meets the eligibility requirement again.
      (2)
The managing authority must give the supervisory body notice
that the relevant person meets the eligibility requirement again.
95    (1)
This paragraph applies if the managing authority give the
supervisory body notice under paragraph 94.
15
      (2)
The standard authorisation ceases to be suspended from the time
when the notice is given.
      (3)
The supervisory body must give notice that the standard
authorisation has ceased to be suspended to the following
persons—
20
(a)
the relevant person;
(b)
the relevant person’s representative;
(c)
the managing authority of the relevant hospital or care
home.
      (4)
The supervisory body must give notice under this paragraph as
25
soon as practicable after they are given notice under paragraph 94.
96    (1)
This paragraph applies if no notice is given under paragraph 94
before the end of the relevant 28 day period.
      (2)
The standard authorisation ceases to have effect at the end of the
relevant 28 day period.
30
      (3)
The relevant 28 day period is the period of 28 days beginning with
the day on which the standard authorisation is suspended under
paragraph 93.
97
The effect of suspending the standard authorisation is that Part 1
ceases to apply for as long as the authorisation is suspended.
35
Part 7
Standard authorisations:
change in supervisory responsibility
Application of this Part
98    (1)
This Part applies if these conditions are met.
40
      (2)
The first condition is that a standard authorisation—
(a)
has been given, and

Mental Health Bill [HL]
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102

(b)
has not ceased to be in force.
      (3)
The second condition is that there is a change in supervisory
responsibility.
      (4)
The third condition is that there is not a change in the place of
detention (within the meaning of paragraph 25).
5
99
For the purposes of this Part there is a change in supervisory
responsibility if—
(a)
one body (“the old supervisory body”) have ceased to be
supervisory body in relation to the standard authorisation,
and
10
(b)
a different body (“the new supervisory body”) have
become supervisory body in relation to the standard
authorisation.
Effect of change in supervisory responsibility
100   (1)
The new supervisory body becomes the supervisory body in
15
relation to the authorisation.
      (2)
Anything done by or in relation to the old supervisory body in
connection with the authorisation has effect, so far as is necessary
for continuing its effect after the change, as if done by or in relation
to the new supervisory body.
20
      (3)
Anything which relates to the authorisation and which is in the
process of being done by or in relation to the old supervisory body
at the time of the change may be continued by or in relation to the
new supervisory body.
      (4)
But—
25
(a)
the old supervisory body do not, by virtue of this
paragraph, cease to be liable for anything done by them in
connection with the authorisation before the change; and
(b)
the new supervisory body do not, by virtue of this
paragraph, become liable for any such thing.
30
Part 8
Standard authorisations: review
Application of this Part
101   (1)
This Part applies if a standard authorisation—
(a)
has been given, and
35
(b)
has not ceased to be in force.
      (2)
Paragraphs 102 to 122 are subject to paragraphs 123 to 125.
Review by supervisory body
102   (1)
The supervisory body may at any time carry out a review of the
standard authorisation in accordance with this Part.
40

Mental Health Bill [HL]
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      (2)
The supervisory body must carry out such a review if they are
requested to do so by an eligible person.
      (3)
Each of the following is an eligible person—
(a)
the relevant person;
(b)
the relevant person’s representative;
5
(c)
the managing authority of the relevant hospital or care
home.
Request for review
103   (1)
An eligible person may, at any time, request the supervisory body
to carry out a review of the standard authorisation in accordance
10
with this Part.
      (2)
The managing authority of the relevant hospital or care home
must make such a request if one or more of the qualifying
requirements appear to them to be reviewable.
Grounds for review
15
104   (1)
Paragraphs 105 to 107 set out the grounds on which the qualifying
requirements are reviewable.
      (2)
A qualifying requirement is not reviewable on any other ground.
Non-qualification ground
105   (1)
Any of the following qualifying requirements is reviewable on the
20
ground that the relevant person does not meet the requirement—
(a)
the age requirement;
(b)
the mental health requirement;
(c)
the mental capacity requirement;
(d)
the best interests requirement;
25
(e)
the no refusals requirement.
      (2)
The eligibility requirement is reviewable on the ground that the
relevant person is ineligible by virtue of paragraph 5 of Schedule
1A.
      (3)
The ground in sub-paragraph (1) and the ground in sub-
30
paragraph (2) are referred to as the non-qualification ground.
Change of reason ground
106   (1)
Any of the following qualifying requirements is reviewable on the
ground set out in sub-paragraph (2)—
(a)
the mental health requirement;
35
(b)
the mental capacity requirement;
(c)
the best interests requirement;
(d)
the eligibility requirement;
(e)
the no refusals requirement.
      (2)
The ground is that the reason why the relevant person meets the
40
requirement is not the reason stated in the standard authorisation.

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      (3)
This ground is referred to as the change of reason ground.
Variation of conditions ground
107   (1)
The best interests requirement is reviewable on the ground that—
(a)
there has been a change in the relevant person’s case, and
(b)
because of that change, it would be appropriate to vary the
5
conditions to which the standard authorisation is subject.
      (2)
This ground is referred to as the variation of conditions ground.
      (3)
A reference to varying the conditions to which the standard
authorisation is subject is a reference to—
(a)
amendment of an existing condition,
10
(b)
omission of an existing condition, or
(c)
inclusion of a new condition (whether or not there are
already any existing conditions).
Notice that review to be carried out
108   (1)
If the supervisory body are to carry out a review of the standard
15
authorisation, they must give notice of the review to the following
persons—
(a)
the relevant person;
(b)
the relevant person’s representative;
(c)
the managing authority of the relevant hospital or care
20
home.
      (2)
The supervisory body must give the notice—
(a)
before they begin the review, or
(b)
if that is not practicable, as soon as practicable after they
have begun it.
25
      (3)
This paragraph does not require the supervisory body to give
notice to any person who has requested the review.
Starting a review
109
To start a review of the standard authorisation, the supervisory
body must decide which, if any, of the qualifying requirements
30
appear to be reviewable.
No reviewable qualifying requirements
110   (1)
This paragraph applies if no qualifying requirements appear to be
reviewable.
      (2)
This Part does not require the supervisory body to take any action
35
in respect of the standard authorisation.
One or more reviewable qualifying requirements
111   (1)
This paragraph applies if one or more qualifying requirements
appear to be reviewable.

Mental Health Bill [HL]
Schedule 6 — Mental Capacity Act 2005: new Schedule A1
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      (2)
The supervisory body must secure that a separate review
assessment is carried out in relation to each qualifying
requirement which appears to be reviewable.
      (3)
But sub-paragraph (2) does not require the supervisory body to
secure that a best interests review assessment is carried out in a
5
case where the best interests requirement appears to the
supervisory body to be non-assessable.
      (4)
The best interests requirement is non-assessable if—
(a)
the requirement is reviewable only on the variation of
conditions ground, and
10
(b)
the change in the relevant person’s case is not significant.
      (5)
In making any decision whether the change in the relevant
person’s case is significant, regard must be had to—
(a)
the nature of the change, and
(b)
the period that the change is likely to last for.
15
Review assessments
112   (1)
A review assessment is an assessment of whether the relevant
person meets a qualifying requirement.
      (2)
In relation to a review assessment—
(a)
a negative conclusion is a conclusion that the relevant
20
person does not meet the qualifying requirement to which
the assessment relates;
(b)
a positive conclusion is a conclusion that the relevant
person meets the qualifying requirement to which the
assessment relates.
25
      (3)
An age review assessment is a review assessment carried out in
relation to the age requirement.
      (4)
A mental health review assessment is a review assessment carried
out in relation to the mental health requirement.
      (5)
A mental capacity review assessment is a review assessment
30
carried out in relation to the mental capacity requirement.
      (6)
A best interests review assessment is a review assessment carried
out in relation to the best interests requirement.
      (7)
An eligibility review assessment is a review assessment carried
out in relation to the eligibility requirement.
35
      (8)
A no refusals review assessment is a review assessment carried
out in relation to the no refusals requirement.
113   (1)
In carrying out a review assessment, the assessor must comply
with any duties which would be imposed upon him under Part 4
if the assessment were being carried out in connection with a
40
request for a standard authorisation.
      (2)
But in the case of a best interests review assessment, paragraphs
43 and 44 do not apply.

Mental Health Bill [HL]
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      (3)
Instead of what is required by paragraph 43, the best interests
review assessment must include recommendations about whether
— and, if so, how — it would be appropriate to vary the conditions
to which the standard authorisation is subject.
Best interests requirement reviewable but non-assessable
5
114   (1)
This paragraph applies in a case where—
(a)
the best interests requirement appears to be reviewable,
but
(b)
in accordance with paragraph 111(3), the supervisory body
are not required to secure that a best interests review
10
assessment is carried out.
      (2)
The supervisory body may vary the conditions to which the
standard authorisation is subject in such ways (if any) as the
supervisory body think are appropriate in the circumstances.
Best interests review assessment positive
15
115   (1)
This paragraph applies in a case where—
(a)
a best interests review assessment is carried out, and
(b)
the assessment comes to a positive conclusion.
      (2)
The supervisory body must decide the following questions—
(a)
whether or not the best interests requirement is reviewable
20
on the change of reason ground;
(b)
whether or not the best interests requirement is reviewable
on the variation of conditions ground;
(c)
if so, whether or not the change in the person’s case is
significant.
25
      (3)
If the supervisory body decide that the best interests requirement
is reviewable on the change of reason ground, they must vary the
standard authorisation so that it states the reason why the relevant
person now meets that requirement.
      (4)
If the supervisory body decide that—
30
(a)
the best interests requirement is reviewable on the
variation of conditions ground, and
(b)
the change in the relevant person’s case is not significant,

they may vary the conditions to which the standard authorisation
is subject in such ways (if any) as they think are appropriate in the
35
circumstances.
      (5)
If the supervisory body decide that—
(a)
the best interests requirement is reviewable on the
variation of conditions ground, and
(b)
the change in the relevant person’s case is significant,
40

they must vary the conditions to which the standard authorisation
is subject in such ways as they think are appropriate in the
circumstances.
      (6)
If the supervisory body decide that the best interests requirement
is not reviewable on—
45