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Police and Justice Act 2006 |
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26 | In section 27 of the Police and Justice Act 2006 (c. 48) (anti-social behaviour |
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injunctions: power of arrest and remand), in subsection (11)— |
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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”, and |
| 5 |
(b) | for “the Mental Health Act 1983 (c.20)” substitute “that Act”. |
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Approved mental health professionals: further amendments to 1983 Act |
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1 | The 1983 Act is amended as follows. |
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2 | In the following provisions, for “approved social worker” substitute |
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“approved mental health professional”— |
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(a) | section 4(2) (admission for assessment in cases of emergency), and |
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(b) | section 8(1)(c) (effect of guardianship application). |
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3 (1) | Section 10 (transfer of guardianship) is amended as follows. |
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(2) | In subsection (3), for “approved social worker” substitute “approved mental |
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health professional acting on behalf of the local social services authority”. |
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(3) | After subsection (4) insert— |
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“(5) | In this section “the local social services authority”, in relation to a |
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person (other than a local social services authority) who is the |
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guardian of a patient, means the local social services authority for the |
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area in which that person resides (or resided immediately before his |
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4 (1) | Section 11 (general provisions as to applications) is amended as follows. |
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(2) | In subsection (1), for “approved social worker” substitute “approved mental |
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(3) | In subsection (3), for “approved social worker, that social worker” substitute |
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“approved mental health professional, that professional”. |
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(4) | For subsection (4) substitute— |
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“(4) | An approved mental health professional may not make an |
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application for admission for treatment or a guardianship |
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application in respect of a patient in either of the following cases— |
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(a) | the nearest relative of the patient has notified that |
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professional, or the local social services authority on whose |
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behalf the professional is acting, that he objects to the |
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application being made; or |
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(b) | that professional has not consulted the person (if any) |
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appearing to be the nearest relative of the patient, but the |
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requirement to consult that person does not apply if it |
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appears to the professional that in the circumstances such |
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consultation is not reasonably practicable or would involve |
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5 (1) | Section 13 (the title to which becomes “Duty of approved mental health |
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professionals to make applications for admission or guardianship”) is |
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(2) | For subsection (1) substitute— |
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“(1) | If a local social services authority have reason to think that an |
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application for admission to hospital or a guardianship application |
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may need to be made in respect of a patient within their area, they |
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shall make arrangements for an approved mental health professional |
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to consider the patient’s case on their behalf. |
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(1A) | If that professional is— |
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(a) | satisfied that such an application ought to be made in respect |
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(b) | of the opinion, having regard to any wishes expressed by |
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relatives of the patient or any other relevant circumstances, |
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that it is necessary or proper for the application to be made by |
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| he shall make the application. |
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(1B) | Subsection (1C) below applies where— |
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(a) | a local social services authority makes arrangements under |
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subsection (1) above in respect of a patient; |
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(b) | an application for admission for assessment is made under |
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subsection (1A) above in respect of the patient; |
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(c) | while the patient is liable to be detained in pursuance of that |
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application, the authority have reason to think that an |
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application for admission for treatment may need to be made |
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in respect of the patient; and |
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(d) | the patient is not within the area of the authority. |
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(1C) | Where this subsection applies, subsection (1) above shall be |
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construed as requiring the authority to make arrangements under |
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that subsection in place of the authority mentioned there.” |
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(3) | In subsection (2), for “approved social worker” substitute “approved mental |
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(4) | For subsection (3) substitute— |
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“(3) | An application under subsection (1A) above may be made outside |
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the area of the local social services authority on whose behalf the |
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approved mental health professional is considering the patient’s |
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(a) | for the words from “direct” to “above” substitute “make |
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arrangements under subsection (1) above for an approved mental |
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health professional to consider the patient’s case”, and |
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(b) | for “that approved social worker” substitute “that professional”. |
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(a) | for “approved social worker”, in each place, substitute “approved |
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mental health professional”, and |
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|
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(b) | after “the power of” insert “a local social services authority to make |
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arrangements with an approved mental health professional to |
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consider a patient’s case or of”. |
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6 | In section 14 (social reports), for “a social worker” substitute “an approved |
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mental health professional”. |
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7 | In the following provisions, for “approved social worker” substitute |
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“approved mental health professional”— |
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(a) | section 18(1) (return of patients absent without leave), |
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(b) | section 21B(3)(b) (consultation before furnishing report), |
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(c) | section 29(2)(c) (application for appointment of acting nearest |
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(d) | section 30(2) (application for variation of orders under section 29), |
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(e) | section 40(1)(a) (power to convey patient), |
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(f) | section 87(1) (power to take Northern Ireland patient into custody), |
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(g) | section 88(3) (power to take England and Wales patient into |
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custody), in the first place it occurs, and |
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(h) | section 89(1) (power to take Channel Islands or Isle of Man patient |
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8 | For section 115 substitute— |
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“115 | Powers of entry and inspection |
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(1) | An approved mental health professional may at all reasonable times |
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enter and inspect any premises (other than a hospital) in which a |
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mentally disordered patient is living, if he has reasonable cause to |
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believe that the patient is not under proper care. |
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(2) | The power under subsection (1) above shall be exercisable only after |
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the professional has produced, if asked to do so, some duly |
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authenticated document showing that he is an approved mental |
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9 | In section 118(1)(a) (application of code of practice), for “approved social |
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workers” substitute “approved mental health professionals”. |
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10 | In the following provisions, for “approved social worker” substitute |
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“approved mental health professional”— |
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(a) | section 135(1) and (4) (warrant to search for and remove patient), |
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(b) | section 136(2) (detention of person removed to a place of safety), and |
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(c) | section 138(1)(a) (retaking of patients escaping from custody). |
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11 (1) | Section 145 (interpretation) is amended as follows. |
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(2) | In subsection (1), for the definition of “approved social worker” substitute— |
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““approved mental health professional” has the meaning given |
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(3) | After subsection (1AB) (inserted by section 4 of this Act) insert— |
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“(1AC) | References in this Act to an approved mental health professional |
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shall be construed as references to an approved mental health |
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professional acting on behalf of a local social services authority, |
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unless the context otherwise requires.” |
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Supervised community treatment: further amendments to 1983 Act |
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1 | The 1983 Act is amended as follows. |
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Application in respect of patient already in hospital |
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2 | In section 5 (application in respect of patient already in hospital), in |
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subsection (6) after “this Act”, in each place, insert “or a community patient”. |
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Return of patients absent without leave |
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3 (1) | Section 18 (return and readmission of patients absent without leave) is |
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(2) | After subsection (2) insert— |
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“(2A) | Where a community patient is at any time absent from a hospital to |
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which he is recalled under section 17E above, he may, subject to the |
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provisions of this section, be taken into custody and returned to the |
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hospital by any approved mental health professional, by any officer |
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on the staff of the hospital, by any constable, or by any person |
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authorised in writing by the responsible clinician or the managers of |
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(a) | in paragraph (b), after “guardianship” insert “or, in the case of a |
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community patient, the community treatment order is in force”, and |
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(b) | omit the words from “and, in determining” to the end. |
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(4) | After subsection (4) insert— |
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“(4A) | In determining for the purposes of subsection (4)(b) above or any |
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other provision of this Act whether a person who is or has been |
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absent without leave is at any time liable to be detained or subject to |
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guardianship, a report furnished under section 20 or 21B below |
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before the first day of his absence without leave shall not be taken to |
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have renewed the authority for his detention or guardianship unless |
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the period of renewal began before that day. |
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(4B) | Similarly, in determining for those purposes whether a community |
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treatment order is at any time in force in respect of a person who is |
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or has been absent without leave, a report furnished under section |
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20A or 21B below before the first day of his absence without leave |
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shall not be taken to have extended the community treatment period |
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unless the extension began before that day.” |
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(5) | After subsection (6) insert— |
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“(7) | In relation to a patient who has yet to comply with a requirement |
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imposed by virtue of this Act to be in a hospital or place, references |
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in this Act to his liability to be returned to the hospital or place shall |
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include his liability to be taken to that hospital or place; and related |
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expressions shall be construed accordingly.” |
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Assignment of responsibility for community patients |
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4 | After section 19 insert— |
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“19A | Regulations as to assignment of responsibility for community patients |
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(1) | Responsibility for a community patient may be assigned to another |
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hospital in such circumstances and subject to such conditions as may |
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be prescribed by regulations made by the Secretary of State (if the |
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responsible hospital is in England) or the Welsh Ministers (if that |
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(2) | If responsibility for a community patient is assigned to another |
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(a) | the application for admission for treatment in respect of the |
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patient shall have effect (subject to section 17D above) as if it |
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had always specified that other hospital; |
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(b) | the patient shall be treated as if he had been admitted to that |
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other hospital at the time when he was originally admitted in |
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pursuance of the application (and as if he had subsequently |
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been discharged under section 17A above from there); and |
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(c) | that other hospital shall become “the responsible hospital” in |
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relation to the patient for the purposes of this Act.” |
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Renewal of authority to detain patients |
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5 | In section 20 (duration of authority)— |
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(a) | in subsection (2), after “discharged” insert “under section 23 below”, |
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(b) | in subsections (3) and (6), after “discharge the patient” insert “under |
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Special provisions as to patients absent without leave |
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6 (1) | Section 21 (special provisions as to patients absent without leave) is |
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(a) | in paragraph (a), after “Act” insert “or, in the case of a community |
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patient, the community treatment order would cease to be in force”, |
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(b) | after “liable or subject” insert “, or the order shall not cease to be in |
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(3) | After subsection (3) (inserted by section 34 of this Act) insert— |
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“(4) | Where a community patient is absent without leave on the day on |
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which (apart from this section) the 72-hour period mentioned in |
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section 17F above would expire, that period shall not expire until the |
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end of the period of 72 hours beginning with the time when— |
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(a) | the patient is taken into custody under section 18 above and |
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returned to the hospital where he ought to be; or |
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(b) | the patient returns himself to the hospital where he ought to |
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be within the period during which he can be taken into |
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custody under section 18 above. |
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(5) | Any reference in this section, or in sections 21A to 22 below, to the |
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time when a community treatment order would cease, or would |
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have ceased, to be in force shall be construed as a reference to the |
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time when it would cease, or would have ceased, to be in force by |
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reason only of the passage of time.” |
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7 | In section 21A (patients who are taken into custody or return within 28 |
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days), after subsection (3) insert— |
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“(4) | In the case of a community patient, where the period for which the |
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community treatment order is in force is extended by section 21 |
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above, any examination and report to be made and furnished in |
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respect of the patient under section 20A(4) above may be made and |
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furnished within the period as so extended. |
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(5) | Where the community treatment period is extended by virtue of |
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subsection (4) above after the day on which (apart from section 21 |
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above) the order would have ceased to be in force, the extension shall |
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take effect as from that day.” |
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8 (1) | Section 21B (patients who are taken into custody or return after more than |
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28 days) is amended as follows. |
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(2) | In subsection (2), after “ought to be” insert “(his “return day”)”. |
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(3) | In subsection (3), after “detained” insert “or is a community patient”. |
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(4) | For subsection (4) substitute— |
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(a) | the patient would (apart from any renewal of the authority |
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for his detention or guardianship on or after his return day) |
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be liable to be detained or subject to guardianship after the |
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end of the period of one week beginning with that day; or |
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(b) | in the case of a community patient, the community treatment |
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order would (apart from any extension of the community |
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treatment period on or after that day) be in force after the end |
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| he shall cease to be so liable or subject, or the community treatment |
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period shall be deemed to expire, at the end of that period unless a |
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report is duly furnished in respect of him under subsection (2) |
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(5) | After subsection (4) insert— |
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“(4A) | If, in the case of a community patient, the community treatment |
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order is revoked under section 17F above during the period of one |
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week beginning with his return day— |
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(a) | subsections (2) and (4) above shall not apply; and |
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(b) | any report already furnished in respect of him under |
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subsection (2) above shall be of no effect.” |
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(6) | After subsection (6) insert— |
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“(6A) | In the case of a community patient, where the community treatment |
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order would (apart from section 21 above) have ceased to be in force |
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on or before the day on which a report is duly furnished in respect of |
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him under subsection (2) above, the report shall extend the |
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|
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|
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community treatment period for the period prescribed in that case by |
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(6B) | Where the community treatment period is extended by virtue of |
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(a) | the extension shall take effect as from the day on which (apart |
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from section 21 above and that subsection) the order would |
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have ceased to be in force; and |
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(b) | if (apart from this paragraph) the period as so extended |
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would expire on or before the day on which the report is |
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furnished, the report shall further extend that period, as from |
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the day on which it would expire, for the period prescribed in |
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that case by section 20A(3) above.” |
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(7) | After subsection (7) insert— |
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“(7A) | In the case of a community patient, where the community treatment |
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order would (taking account of any extension under subsection (6A) |
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above) cease to be in force within the period of two months |
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beginning with the day on which a report is duly furnished in respect |
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of him under subsection (2) above, the report shall, if it so provides, |
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have effect also as a report duly furnished under section 20A(4) |
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(a) | for the definition of “the appropriate body” substitute— |
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““the appropriate body” means— |
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(a) | in relation to a patient who is liable to be |
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detained in a hospital, the managers of the |
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(b) | in relation to a patient who is subject to |
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guardianship, the responsible local social |
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(c) | in relation to a community patient, the |
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managers of the responsible hospital; and”, |
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(b) | for the definition of “the relevant conditions” substitute— |
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““the relevant conditions” means— |
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(a) | in relation to a patient who is liable to be |
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detained in a hospital, the conditions set out in |
| |
subsection (4) of section 20 above; |
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(b) | in relation to a patient who is subject to |
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guardianship, the conditions set out in |
| |
subsection (7) of that section; |
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(c) | in relation to a community patient, the |
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conditions set out in section 20A(6) above.” |
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Patients sentenced to imprisonment etc |
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9 | For section 22 substitute— |
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“22 | Special provisions as to patients sentenced to imprisonment, etc |
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