Mental Health Bill [HL]

House of Commons

Session 2006 - 07
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Mental Health Bill [HL]

Mental Health Bill [HL]
Schedule 2 — Approved mental health professionals: further amendments to 1983 Act
51

Police and Justice Act 2006
26
In section 27 of the Police and Justice Act 2006 (c. 48) (anti-social behaviour
injunctions: power of arrest and remand), in subsection (11)—
(a)
for “mental illness or severe mental impairment” substitute “mental
disorder within the meaning of the Mental Health Act 1983”, and
5
(b)
for “the Mental Health Act 1983 (c.20)” substitute “that Act”.
Schedule 2
Section 21

Approved mental health professionals: further amendments to 1983 Act
1
The 1983 Act is amended as follows.
2
In the following provisions, for “approved social worker” substitute
10
“approved mental health professional”—
(a)
section 4(2) (admission for assessment in cases of emergency), and
(b)
section 8(1)(c) (effect of guardianship application).
3     (1)
Section 10 (transfer of guardianship) is amended as follows.
      (2)
In subsection (3), for “approved social worker” substitute “approved mental
15
health professional acting on behalf of the local social services authority”.
      (3)
After subsection (4) insert—
“(5)
In this section “the local social services authority”, in relation to a
person (other than a local social services authority) who is the
guardian of a patient, means the local social services authority for the
20
area in which that person resides (or resided immediately before his
death).”
4     (1)
Section 11 (general provisions as to applications) is amended as follows.
      (2)
In subsection (1), for “approved social worker” substitute “approved mental
health professional”.
25
      (3)
In subsection (3), for “approved social worker, that social worker” substitute
“approved mental health professional, that professional”.
      (4)
For subsection (4) substitute—
“(4)
An approved mental health professional may not make an
application for admission for treatment or a guardianship
30
application in respect of a patient in either of the following cases—
(a)
the nearest relative of the patient has notified that
professional, or the local social services authority on whose
behalf the professional is acting, that he objects to the
application being made; or
35
(b)
that professional has not consulted the person (if any)
appearing to be the nearest relative of the patient, but the
requirement to consult that person does not apply if it
appears to the professional that in the circumstances such
consultation is not reasonably practicable or would involve
40
unreasonable delay.”

Mental Health Bill [HL]
Schedule 2 — Approved mental health professionals: further amendments to 1983 Act
52

5     (1)
Section 13 (the title to which becomes “Duty of approved mental health
professionals to make applications for admission or guardianship”) is
amended as follows.
      (2)
For subsection (1) substitute—
“(1)
If a local social services authority have reason to think that an
5
application for admission to hospital or a guardianship application
may need to be made in respect of a patient within their area, they
shall make arrangements for an approved mental health professional
to consider the patient’s case on their behalf.
(1A)
If that professional is—
10
(a)
satisfied that such an application ought to be made in respect
of the patient; and
(b)
of the opinion, having regard to any wishes expressed by
relatives of the patient or any other relevant circumstances,
that it is necessary or proper for the application to be made by
15
him,

he shall make the application.
(1B)
Subsection (1C) below applies where—
(a)
a local social services authority makes arrangements under
subsection (1) above in respect of a patient;
20
(b)
an application for admission for assessment is made under
subsection (1A) above in respect of the patient;
(c)
while the patient is liable to be detained in pursuance of that
application, the authority have reason to think that an
application for admission for treatment may need to be made
25
in respect of the patient; and
(d)
the patient is not within the area of the authority.
(1C)
Where this subsection applies, subsection (1) above shall be
construed as requiring the authority to make arrangements under
that subsection in place of the authority mentioned there.”
30
      (3)
In subsection (2), for “approved social worker” substitute “approved mental
health professional”.
      (4)
For subsection (3) substitute—
“(3)
An application under subsection (1A) above may be made outside
the area of the local social services authority on whose behalf the
35
approved mental health professional is considering the patient’s
case.”
      (5)
In subsection (4)—
(a)
for the words from “direct” to “above” substitute “make
arrangements under subsection (1) above for an approved mental
40
health professional to consider the patient’s case”, and
(b)
for “that approved social worker” substitute “that professional”.
      (6)
In subsection (5)—
(a)
for “approved social worker”, in each place, substitute “approved
mental health professional”, and
45

Mental Health Bill [HL]
Schedule 2 — Approved mental health professionals: further amendments to 1983 Act
53

(b)
after “the power of” insert “a local social services authority to make
arrangements with an approved mental health professional to
consider a patient’s case or of”.
6
In section 14 (social reports), for “a social worker” substitute “an approved
mental health professional”.
5
7
In the following provisions, for “approved social worker” substitute
“approved mental health professional”—
(a)
section 18(1) (return of patients absent without leave),
(b)
section 21B(3)(b) (consultation before furnishing report),
(c)
section 29(2)(c) (application for appointment of acting nearest
10
relative),
(d)
section 30(2) (application for variation of orders under section 29),
(e)
section 40(1)(a) (power to convey patient),
(f)
section 87(1) (power to take Northern Ireland patient into custody),
(g)
section 88(3) (power to take England and Wales patient into
15
custody), in the first place it occurs, and
(h)
section 89(1) (power to take Channel Islands or Isle of Man patient
into custody).
8
For section 115 substitute—
“115
Powers of entry and inspection
20
(1)
An approved mental health professional may at all reasonable times
enter and inspect any premises (other than a hospital) in which a
mentally disordered patient is living, if he has reasonable cause to
believe that the patient is not under proper care.
(2)
The power under subsection (1) above shall be exercisable only after
25
the professional has produced, if asked to do so, some duly
authenticated document showing that he is an approved mental
health professional.”
9
In section 118(1)(a) (application of code of practice), for “approved social
workers” substitute “approved mental health professionals”.
30
10
In the following provisions, for “approved social worker” substitute
“approved mental health professional”—
(a)
section 135(1) and (4) (warrant to search for and remove patient),
(b)
section 136(2) (detention of person removed to a place of safety), and
(c)
section 138(1)(a) (retaking of patients escaping from custody).
35
11    (1)
Section 145 (interpretation) is amended as follows.
      (2)
In subsection (1), for the definition of “approved social worker” substitute—
““approved mental health professional” has the meaning given
in section 114 above;”.
      (3)
After subsection (1AB) (inserted by section 4 of this Act) insert—
40
“(1AC)
References in this Act to an approved mental health professional
shall be construed as references to an approved mental health
professional acting on behalf of a local social services authority,
unless the context otherwise requires.”

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
54

Schedule 3
Section 29

Supervised community treatment: further amendments to 1983 Act
1
The 1983 Act is amended as follows.
Application in respect of patient already in hospital
2
In section 5 (application in respect of patient already in hospital), in
5
subsection (6) after “this Act”, in each place, insert “or a community patient”.
Return of patients absent without leave
3     (1)
Section 18 (return and readmission of patients absent without leave) is
amended as follows.
      (2)
After subsection (2) insert—
10
“(2A)
Where a community patient is at any time absent from a hospital to
which he is recalled under section 17E above, he may, subject to the
provisions of this section, be taken into custody and returned to the
hospital by any approved mental health professional, by any officer
on the staff of the hospital, by any constable, or by any person
15
authorised in writing by the responsible clinician or the managers of
the hospital.”
      (3)
In subsection (4)—
(a)
in paragraph (b), after “guardianship” insert “or, in the case of a
community patient, the community treatment order is in force”, and
20
(b)
omit the words from “and, in determining” to the end.
      (4)
After subsection (4) insert—
“(4A)
In determining for the purposes of subsection (4)(b) above or any
other provision of this Act whether a person who is or has been
absent without leave is at any time liable to be detained or subject to
25
guardianship, a report furnished under section 20 or 21B below
before the first day of his absence without leave shall not be taken to
have renewed the authority for his detention or guardianship unless
the period of renewal began before that day.
(4B)
Similarly, in determining for those purposes whether a community
30
treatment order is at any time in force in respect of a person who is
or has been absent without leave, a report furnished under section
20A or 21B below before the first day of his absence without leave
shall not be taken to have extended the community treatment period
unless the extension began before that day.”
35
      (5)
After subsection (6) insert—
“(7)
In relation to a patient who has yet to comply with a requirement
imposed by virtue of this Act to be in a hospital or place, references
in this Act to his liability to be returned to the hospital or place shall
include his liability to be taken to that hospital or place; and related
40
expressions shall be construed accordingly.”

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
55

Assignment of responsibility for community patients
4
After section 19 insert—
“19A
Regulations as to assignment of responsibility for community patients
(1)
Responsibility for a community patient may be assigned to another
hospital in such circumstances and subject to such conditions as may
5
be prescribed by regulations made by the Secretary of State (if the
responsible hospital is in England) or the Welsh Ministers (if that
hospital is in Wales).
(2)
If responsibility for a community patient is assigned to another
hospital—
10
(a)
the application for admission for treatment in respect of the
patient shall have effect (subject to section 17D above) as if it
had always specified that other hospital;
(b)
the patient shall be treated as if he had been admitted to that
other hospital at the time when he was originally admitted in
15
pursuance of the application (and as if he had subsequently
been discharged under section 17A above from there); and
(c)
that other hospital shall become “the responsible hospital” in
relation to the patient for the purposes of this Act.”
Renewal of authority to detain patients
20
5
In section 20 (duration of authority)—
(a)
in subsection (2), after “discharged” insert “under section 23 below”,
and
(b)
in subsections (3) and (6), after “discharge the patient” insert “under
section 23 below”.
25
Special provisions as to patients absent without leave
6     (1)
Section 21 (special provisions as to patients absent without leave) is
amended as follows.
      (2)
In subsection (1)—
(a)
in paragraph (a), after “Act” insert “or, in the case of a community
30
patient, the community treatment order would cease to be in force”,
and
(b)
after “liable or subject” insert “, or the order shall not cease to be in
force,”.
      (3)
After subsection (3) (inserted by section 34 of this Act) insert—
35
“(4)
Where a community patient is absent without leave on the day on
which (apart from this section) the 72-hour period mentioned in
section 17F above would expire, that period shall not expire until the
end of the period of 72 hours beginning with the time when—
(a)
the patient is taken into custody under section 18 above and
40
returned to the hospital where he ought to be; or
(b)
the patient returns himself to the hospital where he ought to
be within the period during which he can be taken into
custody under section 18 above.

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
56

(5)
Any reference in this section, or in sections 21A to 22 below, to the
time when a community treatment order would cease, or would
have ceased, to be in force shall be construed as a reference to the
time when it would cease, or would have ceased, to be in force by
reason only of the passage of time.”
5
7
In section 21A (patients who are taken into custody or return within 28
days), after subsection (3) insert—
“(4)
In the case of a community patient, where the period for which the
community treatment order is in force is extended by section 21
above, any examination and report to be made and furnished in
10
respect of the patient under section 20A(4) above may be made and
furnished within the period as so extended.
(5)
Where the community treatment period is extended by virtue of
subsection (4) above after the day on which (apart from section 21
above) the order would have ceased to be in force, the extension shall
15
take effect as from that day.”
8     (1)
Section 21B (patients who are taken into custody or return after more than
28 days) is amended as follows.
      (2)
In subsection (2), after “ought to be” insert “(his “return day”)”.
      (3)
In subsection (3), after “detained” insert “or is a community patient”.
20
      (4)
For subsection (4) substitute—
“(4)
Where—
(a)
the patient would (apart from any renewal of the authority
for his detention or guardianship on or after his return day)
be liable to be detained or subject to guardianship after the
25
end of the period of one week beginning with that day; or
(b)
in the case of a community patient, the community treatment
order would (apart from any extension of the community
treatment period on or after that day) be in force after the end
of that period,
30

he shall cease to be so liable or subject, or the community treatment
period shall be deemed to expire, at the end of that period unless a
report is duly furnished in respect of him under subsection (2)
above.”
      (5)
After subsection (4) insert—
35
“(4A)
If, in the case of a community patient, the community treatment
order is revoked under section 17F above during the period of one
week beginning with his return day—
(a)
subsections (2) and (4) above shall not apply; and
(b)
any report already furnished in respect of him under
40
subsection (2) above shall be of no effect.”
      (6)
After subsection (6) insert—
“(6A)
In the case of a community patient, where the community treatment
order would (apart from section 21 above) have ceased to be in force
on or before the day on which a report is duly furnished in respect of
45
him under subsection (2) above, the report shall extend the

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
57

community treatment period for the period prescribed in that case by
section 20A(3) above.
(6B)
Where the community treatment period is extended by virtue of
subsection (6A) above—
(a)
the extension shall take effect as from the day on which (apart
5
from section 21 above and that subsection) the order would
have ceased to be in force; and
(b)
if (apart from this paragraph) the period as so extended
would expire on or before the day on which the report is
furnished, the report shall further extend that period, as from
10
the day on which it would expire, for the period prescribed in
that case by section 20A(3) above.”
      (7)
After subsection (7) insert—
“(7A)
In the case of a community patient, where the community treatment
order would (taking account of any extension under subsection (6A)
15
above) cease to be in force within the period of two months
beginning with the day on which a report is duly furnished in respect
of him under subsection (2) above, the report shall, if it so provides,
have effect also as a report duly furnished under section 20A(4)
above.”
20
      (8)
In subsection (10)—
(a)
for the definition of “the appropriate body” substitute—
““the appropriate body” means—
(a)
in relation to a patient who is liable to be
detained in a hospital, the managers of the
25
hospital;
(b)
in relation to a patient who is subject to
guardianship, the responsible local social
services authority;
(c)
in relation to a community patient, the
30
managers of the responsible hospital; and”,
and
(b)
for the definition of “the relevant conditions” substitute—
““the relevant conditions” means—
(a)
in relation to a patient who is liable to be
35
detained in a hospital, the conditions set out in
subsection (4) of section 20 above;
(b)
in relation to a patient who is subject to
guardianship, the conditions set out in
subsection (7) of that section;
40
(c)
in relation to a community patient, the
conditions set out in section 20A(6) above.”
Patients sentenced to imprisonment etc
9
For section 22 substitute—
“22
Special provisions as to patients sentenced to imprisonment, etc
45
(1)
If—