Mental Health Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Mental Health Bill [HL]

Mental Health Bill [HL]
Part 3 — General
44

50
Repeals and revocations
The enactments mentioned in Schedule 10 are repealed or revoked to the extent
specified.
51
Commencement
(1)
This Act (other than sections 46 to 48 (and Schedule 9), this section and sections
5
52 to 54) comes into force in accordance with provision made by the Secretary
of State by order made by statutory instrument.
(2)
In relation to provision which deals with matters with respect to which
functions are exercisable by the Welsh Ministers, the power under subsection
(1) is exercisable only with their agreement.
10
(3)
Section 46 comes into force in accordance with provision made by the Lord
Chancellor by order made by statutory instrument.
(4)
An order under this section may—
(a)
make different provision for different purposes or different areas;
(b)
include transitional or saving provision.
15
(5)
The provision which may be made by virtue of subsection (4)(b) includes
provision modifying the application of a provision of this Act pending the
commencement of a provision of another enactment.
(6)
A statutory instrument containing an order under this section which makes
provision by virtue of subsection (4)(b) (including provision within section 52)
20
is subject to annulment in pursuance of a resolution of either House of
Parliament.
52
Commencement of section 33
(1)
An order under section 51 providing for the commencement of section 33 may,
in particular, provide—
25
(a)
for that section not to apply to or affect a patient who is subject to after-
care under supervision immediately before that commencement, and
(b)
for the patient to cease to be subject to after-care under supervision, and
for his case to be dealt with, in accordance with provision made by the
order.
30
(2)
The order may require—
(a)
a Primary Care Trust or Local Health Board to secure that the patient is
examined by a registered medical practitioner of a description specified
in the order;
(b)
the registered medical practitioner to examine the patient with a view
35
to making a decision about his case by reference to criteria specified in
the order.
(3)
The order may require the registered medical practitioner, having complied
with provision made by virtue of subsection (2)(b)—
(a)
to discharge the patient,
40
(b)
to recommend that he be detained in hospital,
(c)
to recommend that he be received into guardianship, or
(d)
to make a community treatment order in respect of him.

Mental Health Bill [HL]
Part 3 — General
45

(4)
The order may, in respect of a recommendation made by virtue of subsection
(3)(b) or (c)—
(a)
provide that the recommendation is to be made to a local social services
authority determined in accordance with the order;
(b)
provide that the recommendation is to be made in accordance with any
5
other requirements specified in the order;
(c)
require the local social services authority determined in accordance
with paragraph (a), in response to the recommendation, to make
arrangements for an approved mental health professional to consider
the patient’s case on their behalf.
10
(5)
The order may provide that a registered medical practitioner shall not make a
community treatment order in respect of a patient unless an approved mental
health professional states in writing—
(a)
that he agrees with the decision made by the practitioner about the
patient’s case, and
15
(b)
that it is appropriate to make the order.
(6)
An order requiring a registered medical practitioner to make a community
treatment order in respect of a patient shall include provision about—
(a)
the effect of the community treatment order (in particular, replacing
after-care under supervision with a contingent requirement to attend,
20
and be detained at, a hospital), and
(b)
the effect of its revocation (including, in particular, provision for
detention under section 3 of the 1983 Act).
(7)
The order may modify a provision of the 1983 Act in its application in relation
to a patient who is subject to after-care under supervision immediately before
25
the commencement of section 33.
(8)
Provision made by virtue of subsection (7) may, in particular—
(a)
modify any of sections 25A to 25J of the 1983 Act in their application in
relation to a patient for so long as he is, by virtue of subsection (1)(a),
subject to after-care under supervision after the commencement of
30
section 33;
(b)
modify any of sections 17A to 17G, 20A and 20B of that Act (inserted by
section 29 of this Act) in their application in relation to a patient in
respect of whom a community treatment order is made by virtue of
subsection (3)(d).
35
(9)
A reference in this section to section 33 includes the amendments and repeals
in Schedules 3 and 10 consequential on that section.
(10)
An expression used in this section and in the 1983 Act has the same meaning
in this section as it has in that Act.
53
Extent
40
(1)
The provisions of this Act which amend other enactments have the same extent
as the enactments which they amend.
(2)
But subsection (1) is subject to—
(a)
paragraph 35 of Schedule 3,
(b)
paragraphs 3, 4 and 20 of Schedule 5, and
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(c)
paragraph 12 of Schedule 8.

Mental Health Bill [HL]
Part 3 — General
46

(3)
Section 49 extends to the United Kingdom.
54
Short title
This Act may be cited as the Mental Health Act 2007.

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 1 — Amendments to 1983 Act
47

Schedules
Schedule 1
Section 1

Categories of mental disorder: further amendments etc
Part 1
Amendments to 1983 Act
5
1
The 1983 Act is amended as follows.
2
In section 3(2) (grounds for application for admission for treatment), in
paragraph (a), for “mental illness, severe mental impairment, psychopathic
disorder or mental impairment and his mental disorder is” substitute
“mental disorder”.
10
3
In section 7(2) (grounds for guardianship application), in paragraph (a),
omit the words “, being mental illness, severe mental impairment,
psychopathic disorder or mental impairment and his mental disorder is”.
4
In section 20 (renewal of detention or guardianship)—
(a)
in subsection (4)(a), for “mental illness, severe mental impairment,
15
psychopathic disorder or mental impairment, and his mental
disorder is” substitute “mental disorder”, and
(b)
in subsection (7)(a), for “mental illness, severe mental impairment,
psychopathic disorder or mental impairment and his mental
disorder is” substitute “mental disorder”.
20
5
In section 35(3) (conditions for exercise of power to remand accused to
hospital for report), in paragraph (a), for “mental illness, psychopathic
disorder, severe mental impairment or mental impairment” substitute
“mental disorder”.
6
In section 36(1) (conditions for exercise of power to remand accused to
25
hospital for medical treatment), for the words from “he is suffering” to the
end substitute—
“(a)
he is suffering from mental disorder of a nature or degree
which makes it appropriate for him to be detained in a
hospital for medical treatment;”.
30
7
In section 37 (power to order hospital admission or guardianship)—
(a)
in subsection (2)(a), for “mental illness, psychopathic disorder,
severe mental impairment or mental impairment” substitute “mental
disorder”, and
(b)
in subsection (3), omit the words “as being a person suffering from
35
mental illness or severe mental impairment”.

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 1 — Amendments to 1983 Act
48

8
In section 38(1) (conditions for exercise of power to make interim hospital
order), in paragraph (a), for “mental illness, psychopathic disorder, severe
mental impairment or mental impairment” substitute “mental disorder”.
9
In section 45A(2) (conditions for exercise of power to make hospital order),
in paragraph (a), for “psychopathic disorder” substitute “mental disorder”.
5
10
In section 47(1) (power to make transfer direction), in paragraph (a), for
“mental illness, psychopathic disorder, severe mental impairment or mental
impairment” substitute “mental disorder”.
11
In section 48 (further power to make transfer direction)—
(a)
in subsection (1), for the words from “that person is suffering” to
10
“such treatment,” substitute—
“(a)
that person is suffering from mental disorder of a
nature or degree which makes it appropriate for him
to be detained in a hospital for medical treatment; and
(b)
he is in urgent need of such treatment;”, and
15
(b)
in subsection (3), for “to (4)” substitute “and (3)”.
12
In section 51(6) (further power to make hospital order), in paragraph (a), for
the words from “the detainee” to the end substitute—
“(i)
the detainee is suffering from mental disorder of a
nature or degree which makes it appropriate for the
20
patient to be detained in a hospital for medical
treatment;”.
13
In section 66(2) (time limits for applications to tribunals), in paragraph (d),
for “in the cases mentioned in paragraphs (d), (fb), (g)” substitute “in the case
mentioned in paragraph (g)”.
25
14
In section 72 (powers of tribunals)—
(a)
in subsection (1)(b)(i), for “mental illness, psychopathic disorder,
severe mental impairment or mental impairment or from any of
those forms of disorder” substitute “mental disorder or from mental
disorder”,
30
(b)
in subsection (4)(a), for “mental illness, psychopathic disorder,
severe mental impairment or mental impairment” substitute “mental
disorder”, and
(c)
in subsection (6), for “(5)” substitute “(4)”.
15    (1)
Section 86 (application of power to remove alien patients) is amended as
35
follows.
      (2)
In subsection (1), for “mental illness” substitute “mental disorder”.
      (3)
After subsection (3) insert—
“(4)
In relation to a patient receiving treatment in a hospital within the
meaning of the Mental Health (Northern Ireland) Order 1986, the
40
reference in subsection (1) above to mental disorder shall be
construed in accordance with that Order.”
16    (1)
Section 141 (Members of Parliament etc) is amended as follows.
      (2)
In subsection (1)—
(a)
after “House of Commons is authorised to be detained” insert “under
45
a relevant enactment”, and

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 2 — Amendments to other Acts
49

(b)
for “mental illness” substitute “mental disorder”.
      (3)
In subsection (4)—
(a)
for “mental illness” substitute “mental disorder”, and
(b)
after “detained” insert “under a relevant enactment”.
      (4)
In subsections (5) and (6), for “mental illness” substitute “mental disorder”.
5
      (5)
After subsection (6) insert—
“(6A)
For the purposes of this section, the following are relevant
enactments—
(a)
this Act;
(b)
the Criminal Procedure (Scotland) Act 1995 and the Mental
10
Health (Care and Treatment) Scotland Act 2003 (“the Scottish
enactments”); and
(c)
the Mental Health (Northern Ireland) Order 1986 (“the 1986
Order”).
(6B)
In relation to an authorisation for detention under the Scottish
15
enactments or the 1986 Order, the references in this section to mental
disorder shall be construed in accordance with those enactments or
that Order (as the case may be).”
17
In section 145(1) (interpretation), for the definitions of “mental disorder”,
“severe mental impairment”, “mental impairment” and “psychopathic
20
disorder” substitute—
““mental disorder” has the meaning given in section 1 above
(subject to sections 86(4) and 141(6B));”.
Part 2
Amendments to other Acts
25
Juries Act 1974
18    (1)
Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (mentally disordered
persons) is amended as follows.
      (2)
In paragraph 1, for “mental illness, psychopathic disorder, mental handicap
or severe mental handicap” substitute “mental disorder within the meaning
30
of the Mental Health Act 1983”.
      (3)
Omit paragraph 4(1).
Contempt of Court Act 1981
19
In section 14 of the Contempt of Court Act 1981 (c. 49) (proceedings in
England and Wales), in subsection (4) and the first subsection (4A), for
35
“mental illness or severe mental impairment” substitute “mental disorder
within the meaning of that Act”.
Family Law Act 1996
20    (1)
The Family Law Act 1996 (c. 27) is amended as follows.

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 2 — Amendments to other Acts
50

      (2)
In section 48 (remand for medical examination and report), in subsection
(4)—
(a)
for “mental illness or severe mental impairment” substitute “mental
disorder within the meaning of the Mental Health Act 1983”,
(b)
for “the Mental Health Act 1983” substitute “that Act”, and
5
(c)
for “section 35 of the Act of 1983” substitute “that section”.
      (3)
In section 51 (power of magistrates’ court to order hospital admission or
guardianship), in subsection (1), for “mental illness or severe mental
impairment” substitute “mental disorder within the meaning of that Act”.
Housing Act 1996
10
21
In section 156 of the Housing Act 1996 (c. 52) (remand for medical
examination and report), in subsection (4)—
(a)
for “mental illness or severe mental impairment” substitute “mental
disorder within the meaning of the Mental Health Act 1983”,
(b)
for “the Mental Health Act 1983” substitute “that Act”, and
15
(c)
for “section 35 of that Act” substitute “that section”.
Care Standards Act 2000
22
In section 121 of the Care Standards Act 2000 (c. 14) (general interpretation),
in subsection (1), for the definition of “mental disorder” substitute—
““mental disorder” has the same meaning as in the Mental
20
Health Act 1983;”.
Mental Capacity Act 2005
23    (1)
In Schedule 4 to the Mental Capacity Act 2005 (c. 9) (provisions applying to
existing enduring powers of attorney), paragraph 23 is amended as follows.
      (2)
In sub-paragraph (1), omit the words “(within the meaning of the Mental
25
Health Act)”.
      (3)
After sub-paragraph (1) insert—
   “(1A)
In sub-paragraph (1), “mental disorder” has the same meaning as
in the Mental Health Act but disregarding the amendments made
to that Act by the Mental Health Act 2007.”
30
National Health Service Act 2006
24
In section 275 of the National Health Service Act 2006 (c. 41) (interpretation),
in the definition of “illness” in subsection (1), for “mental disorder within the
meaning of the Mental Health Act 1983” substitute “any disorder or
disability of the mind”.
35
National Health Service (Wales) Act 2006
25
In section 206 of the National Health Service (Wales) Act 2006 (c. 42)
(interpretation), in the definition of “illness” in subsection (1), for “mental
disorder within the meaning of the Mental Health Act 1983” substitute “any
disorder or disability of the mind”.
40