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50 | Repeals and revocations |
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The enactments mentioned in Schedule 10 are repealed or revoked to the extent |
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(1) | This Act (other than sections 46 to 48 (and Schedule 9), this section and sections |
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52 to 54) comes into force in accordance with provision made by the Secretary |
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of State by order made by statutory instrument. |
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(2) | In relation to provision which deals with matters with respect to which |
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functions are exercisable by the Welsh Ministers, the power under subsection |
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(1) is exercisable only with their agreement. |
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(3) | Section 46 comes into force in accordance with provision made by the Lord |
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Chancellor by order made by statutory instrument. |
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(4) | An order under this section may— |
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(a) | make different provision for different purposes or different areas; |
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(b) | include transitional or saving provision. |
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(5) | The provision which may be made by virtue of subsection (4)(b) includes |
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provision modifying the application of a provision of this Act pending the |
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commencement of a provision of another enactment. |
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(6) | A statutory instrument containing an order under this section which makes |
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provision by virtue of subsection (4)(b) (including provision within section 52) |
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is subject to annulment in pursuance of a resolution of either House of |
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52 | Commencement of section 33 |
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(1) | An order under section 51 providing for the commencement of section 33 may, |
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(a) | for that section not to apply to or affect a patient who is subject to after- |
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care under supervision immediately before that commencement, and |
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(b) | for the patient to cease to be subject to after-care under supervision, and |
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for his case to be dealt with, in accordance with provision made by the |
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(2) | The order may require— |
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(a) | a Primary Care Trust or Local Health Board to secure that the patient is |
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examined by a registered medical practitioner of a description specified |
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(b) | the registered medical practitioner to examine the patient with a view |
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to making a decision about his case by reference to criteria specified in |
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(3) | The order may require the registered medical practitioner, having complied |
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with provision made by virtue of subsection (2)(b)— |
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(a) | to discharge the patient, |
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(b) | to recommend that he be detained in hospital, |
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(c) | to recommend that he be received into guardianship, or |
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(d) | to make a community treatment order in respect of him. |
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(4) | The order may, in respect of a recommendation made by virtue of subsection |
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(a) | provide that the recommendation is to be made to a local social services |
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authority determined in accordance with the order; |
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(b) | provide that the recommendation is to be made in accordance with any |
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other requirements specified in the order; |
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(c) | require the local social services authority determined in accordance |
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with paragraph (a), in response to the recommendation, to make |
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arrangements for an approved mental health professional to consider |
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the patient’s case on their behalf. |
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(5) | The order may provide that a registered medical practitioner shall not make a |
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community treatment order in respect of a patient unless an approved mental |
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health professional states in writing— |
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(a) | that he agrees with the decision made by the practitioner about the |
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(b) | that it is appropriate to make the order. |
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(6) | An order requiring a registered medical practitioner to make a community |
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treatment order in respect of a patient shall include provision about— |
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(a) | the effect of the community treatment order (in particular, replacing |
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after-care under supervision with a contingent requirement to attend, |
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and be detained at, a hospital), and |
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(b) | the effect of its revocation (including, in particular, provision for |
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detention under section 3 of the 1983 Act). |
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(7) | The order may modify a provision of the 1983 Act in its application in relation |
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to a patient who is subject to after-care under supervision immediately before |
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the commencement of section 33. |
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(8) | Provision made by virtue of subsection (7) may, in particular— |
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(a) | modify any of sections 25A to 25J of the 1983 Act in their application in |
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relation to a patient for so long as he is, by virtue of subsection (1)(a), |
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subject to after-care under supervision after the commencement of |
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(b) | modify any of sections 17A to 17G, 20A and 20B of that Act (inserted by |
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section 29 of this Act) in their application in relation to a patient in |
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respect of whom a community treatment order is made by virtue of |
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(9) | A reference in this section to section 33 includes the amendments and repeals |
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in Schedules 3 and 10 consequential on that section. |
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(10) | An expression used in this section and in the 1983 Act has the same meaning |
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in this section as it has in that Act. |
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(1) | The provisions of this Act which amend other enactments have the same extent |
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as the enactments which they amend. |
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(2) | But subsection (1) is subject to— |
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(a) | paragraph 35 of Schedule 3, |
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(b) | paragraphs 3, 4 and 20 of Schedule 5, and |
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(c) | paragraph 12 of Schedule 8. |
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Categories of mental disorder: further amendments etc |
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1 | The 1983 Act is amended as follows. |
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2 | In section 3(2) (grounds for application for admission for treatment), in |
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paragraph (a), for “mental illness, severe mental impairment, psychopathic |
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disorder or mental impairment and his mental disorder is” substitute |
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3 | In section 7(2) (grounds for guardianship application), in paragraph (a), |
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omit the words “, being mental illness, severe mental impairment, |
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psychopathic disorder or mental impairment and his mental disorder is”. |
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4 | In section 20 (renewal of detention or guardianship)— |
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(a) | in subsection (4)(a), for “mental illness, severe mental impairment, |
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psychopathic disorder or mental impairment, and his mental |
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disorder is” substitute “mental disorder”, and |
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(b) | in subsection (7)(a), for “mental illness, severe mental impairment, |
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psychopathic disorder or mental impairment and his mental |
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disorder is” substitute “mental disorder”. |
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5 | In section 35(3) (conditions for exercise of power to remand accused to |
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hospital for report), in paragraph (a), for “mental illness, psychopathic |
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disorder, severe mental impairment or mental impairment” substitute |
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6 | In section 36(1) (conditions for exercise of power to remand accused to |
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hospital for medical treatment), for the words from “he is suffering” to the |
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“(a) | he is suffering from mental disorder of a nature or degree |
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which makes it appropriate for him to be detained in a |
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hospital for medical treatment;”. |
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7 | In section 37 (power to order hospital admission or guardianship)— |
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(a) | in subsection (2)(a), for “mental illness, psychopathic disorder, |
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severe mental impairment or mental impairment” substitute “mental |
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(b) | in subsection (3), omit the words “as being a person suffering from |
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mental illness or severe mental impairment”. |
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8 | In section 38(1) (conditions for exercise of power to make interim hospital |
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order), in paragraph (a), for “mental illness, psychopathic disorder, severe |
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mental impairment or mental impairment” substitute “mental disorder”. |
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9 | In section 45A(2) (conditions for exercise of power to make hospital order), |
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in paragraph (a), for “psychopathic disorder” substitute “mental disorder”. |
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10 | In section 47(1) (power to make transfer direction), in paragraph (a), for |
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“mental illness, psychopathic disorder, severe mental impairment or mental |
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impairment” substitute “mental disorder”. |
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11 | In section 48 (further power to make transfer direction)— |
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(a) | in subsection (1), for the words from “that person is suffering” to |
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“such treatment,” substitute— |
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“(a) | that person is suffering from mental disorder of a |
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nature or degree which makes it appropriate for him |
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to be detained in a hospital for medical treatment; and |
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(b) | he is in urgent need of such treatment;”, and |
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(b) | in subsection (3), for “to (4)” substitute “and (3)”. |
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12 | In section 51(6) (further power to make hospital order), in paragraph (a), for |
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the words from “the detainee” to the end substitute— |
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“(i) | the detainee is suffering from mental disorder of a |
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nature or degree which makes it appropriate for the |
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patient to be detained in a hospital for medical |
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13 | In section 66(2) (time limits for applications to tribunals), in paragraph (d), |
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for “in the cases mentioned in paragraphs (d), (fb), (g)” substitute “in the case |
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mentioned in paragraph (g)”. |
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14 | In section 72 (powers of tribunals)— |
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(a) | in subsection (1)(b)(i), for “mental illness, psychopathic disorder, |
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severe mental impairment or mental impairment or from any of |
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those forms of disorder” substitute “mental disorder or from mental |
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(b) | in subsection (4)(a), for “mental illness, psychopathic disorder, |
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severe mental impairment or mental impairment” substitute “mental |
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(c) | in subsection (6), for “(5)” substitute “(4)”. |
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15 (1) | Section 86 (application of power to remove alien patients) is amended as |
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(2) | In subsection (1), for “mental illness” substitute “mental disorder”. |
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(3) | After subsection (3) insert— |
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“(4) | In relation to a patient receiving treatment in a hospital within the |
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meaning of the Mental Health (Northern Ireland) Order 1986, the |
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reference in subsection (1) above to mental disorder shall be |
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construed in accordance with that Order.” |
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16 (1) | Section 141 (Members of Parliament etc) is amended as follows. |
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(a) | after “House of Commons is authorised to be detained” insert “under |
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a relevant enactment”, and |
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(b) | for “mental illness” substitute “mental disorder”. |
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(a) | for “mental illness” substitute “mental disorder”, and |
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(b) | after “detained” insert “under a relevant enactment”. |
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(4) | In subsections (5) and (6), for “mental illness” substitute “mental disorder”. |
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(5) | After subsection (6) insert— |
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“(6A) | For the purposes of this section, the following are relevant |
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(b) | the Criminal Procedure (Scotland) Act 1995 and the Mental |
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Health (Care and Treatment) Scotland Act 2003 (“the Scottish |
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(c) | the Mental Health (Northern Ireland) Order 1986 (“the 1986 |
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(6B) | In relation to an authorisation for detention under the Scottish |
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enactments or the 1986 Order, the references in this section to mental |
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disorder shall be construed in accordance with those enactments or |
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that Order (as the case may be).” |
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17 | In section 145(1) (interpretation), for the definitions of “mental disorder”, |
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“severe mental impairment”, “mental impairment” and “psychopathic |
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““mental disorder” has the meaning given in section 1 above |
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(subject to sections 86(4) and 141(6B));”. |
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18 (1) | Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (mentally disordered |
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persons) is amended as follows. |
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(2) | In paragraph 1, for “mental illness, psychopathic disorder, mental handicap |
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or severe mental handicap” substitute “mental disorder within the meaning |
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of the Mental Health Act 1983”. |
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Contempt of Court Act 1981 |
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19 | In section 14 of the Contempt of Court Act 1981 (c. 49) (proceedings in |
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England and Wales), in subsection (4) and the first subsection (4A), for |
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“mental illness or severe mental impairment” substitute “mental disorder |
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within the meaning of that Act”. |
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20 (1) | The Family Law Act 1996 (c. 27) is amended as follows. |
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(2) | In section 48 (remand for medical examination and report), in subsection |
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(a) | for “mental illness or severe mental impairment” substitute “mental |
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disorder within the meaning of the Mental Health Act 1983”, |
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(b) | for “the Mental Health Act 1983” substitute “that Act”, and |
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(c) | for “section 35 of the Act of 1983” substitute “that section”. |
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(3) | In section 51 (power of magistrates’ court to order hospital admission or |
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guardianship), in subsection (1), for “mental illness or severe mental |
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impairment” substitute “mental disorder within the meaning of that Act”. |
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21 | In section 156 of the Housing Act 1996 (c. 52) (remand for medical |
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examination and report), in subsection (4)— |
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(a) | for “mental illness or severe mental impairment” substitute “mental |
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disorder within the meaning of the Mental Health Act 1983”, |
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(b) | for “the Mental Health Act 1983” substitute “that Act”, and |
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(c) | for “section 35 of that Act” substitute “that section”. |
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22 | In section 121 of the Care Standards Act 2000 (c. 14) (general interpretation), |
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in subsection (1), for the definition of “mental disorder” substitute— |
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““mental disorder” has the same meaning as in the Mental |
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23 (1) | In Schedule 4 to the Mental Capacity Act 2005 (c. 9) (provisions applying to |
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existing enduring powers of attorney), paragraph 23 is amended as follows. |
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(2) | In sub-paragraph (1), omit the words “(within the meaning of the Mental |
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(3) | After sub-paragraph (1) insert— |
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“(1A) | In sub-paragraph (1), “mental disorder” has the same meaning as |
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in the Mental Health Act but disregarding the amendments made |
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to that Act by the Mental Health Act 2007.” |
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National Health Service Act 2006 |
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24 | In section 275 of the National Health Service Act 2006 (c. 41) (interpretation), |
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in the definition of “illness” in subsection (1), for “mental disorder within the |
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meaning of the Mental Health Act 1983” substitute “any disorder or |
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National Health Service (Wales) Act 2006 |
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25 | In section 206 of the National Health Service (Wales) Act 2006 (c. 42) |
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(interpretation), in the definition of “illness” in subsection (1), for “mental |
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disorder within the meaning of the Mental Health Act 1983” substitute “any |
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disorder or disability of the mind”. |
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