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]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
58

(a)
a qualifying patient is detained in custody in pursuance of
any sentence or order passed or made by a court in the United
Kingdom (including an order committing or remanding him
in custody); and
(b)
he is so detained for a period exceeding, or for successive
5
periods exceeding in the aggregate, six months,

the relevant application shall cease to have effect on expiry of that
period.
(2)
A patient is a qualifying patient for the purposes of this section if—
(a)
he is liable to be detained by virtue of an application for
10
admission for treatment;
(b)
he is subject to guardianship by virtue of a guardianship
application; or
(c)
he is a community patient.
(3)
“The relevant application”, in relation to a qualifying patient,
15
means—
(a)
in the case of a patient who is subject to guardianship, the
guardianship application in respect of him;
(b)
in any other case, the application for admission for treatment
in respect of him.
20
(4)
The remaining subsections of this section shall apply if a qualifying
patient is detained in custody as mentioned in subsection (1)(a)
above but for a period not exceeding, or for successive periods not
exceeding in the aggregate, six months.
(5)
If apart from this subsection—
25
(a)
the patient would have ceased to be liable to be detained or
subject to guardianship by virtue of the relevant application
on or before the day on which he is discharged from custody;
or
(b)
in the case of a community patient, the community treatment
30
order would have ceased to be in force on or before that day,

he shall not cease and shall be deemed not to have ceased to be so
liable or subject, or the order shall not cease and shall be deemed not
to have ceased to be in force, until the end of that day.
(6)
In any case (except as provided in subsection (8) below), sections 18,
35
21 and 21A above shall apply in relation to the patient as if he had
absented himself without leave on that day.
(7)
In its application by virtue of subsection (6) above section 18 above
shall have effect as if—
(a)
in subsection (4) for the words from “later of” to the end there
40
were substituted “end of the period of 28 days beginning
with the first day of his absence without leave”; and
(b)
subsections (4A) and (4B) were omitted.
(8)
In relation to a community patient who was not recalled to hospital
under section 17E above at the time when his detention in custody
45
began—
(a)
section 18 above shall not apply; but

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
59

(b)
sections 21 and 21A above shall apply as if he had absented
himself without leave on the day on which he is discharged
from custody and had returned himself as provided in those
sections on the last day of the period of 28 days beginning
with that day.”
5
Discharge
10    (1)
Section 23 (discharge of patients) is amended as follows.
      (2)
In subsection (1) for the words from “from detention” to the end substitute
“absolutely from detention or guardianship is made in accordance with this
section”.
10
      (3)
After subsection (1) insert—
“(1A)
Subject to the provisions of this section and section 25 below, a
community patient shall cease to be liable to recall under this Part of
this Act, and the application for admission for treatment cease to
have effect, if an order in writing discharging him from such liability
15
is made in accordance with this section.
(1B)
An order under subsection (1) or (1A) above shall be referred to in
this Act as “an order for discharge”.”
      (4)
In subsection (2), after paragraph (b) insert—
“(c)
where the patient is a community patient, by the responsible
20
clinician, by the managers of the responsible hospital or by
the nearest relative of the patient.”
      (5)
In subsection (3)—
(a)
for the words from “is liable” to “treatment” substitute “falls within
subsection (3A) below”, and
25
(b)
for “the patient is maintained” substitute “arrangements have been
made in respect of the patient”.
      (6)
After subsection (3) insert—
“(3A)
A patient falls within this subsection if—
(a)
he is liable to be detained in a registered establishment in
30
pursuance of an application for admission for assessment or
for treatment; or
(b)
he is a community patient and the responsible hospital is a
registered establishment.”
11    (1)
Section 24 (visiting and examination of patients) is amended as follows.
35
      (2)
In subsection (1), after “this Act” insert “, or who is a community patient,”.
      (3)
In subsection (3)—
(a)
for the words from “, in respect of” to “his discharge” substitute “any
power under section 23(3) above to make an order for a patient’s
discharge”, and
40
(b)
in paragraph (b) for “the home” substitute “the establishment in
question”.
      (4)
In subsection (4)—

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
60

(a)
after “the detention of the patient” insert “, or (as the case may be) for
his liability to recall,” and
(b)
for “the home” substitute “the establishment”.
12    (1)
Section 25 (restrictions on discharge by nearest relative) is amended as
follows.
5
      (2)
In subsection (1), after “shall not be made” insert “under section 23 above”.
      (3)
After that subsection insert—
“(1A)
Subsection (1) above shall apply to an order for the discharge of a
community patient as it applies to an order for the discharge of a
patient who is liable to be detained in a hospital, but with the
10
reference to the managers of the hospital being read as a reference to
the managers of the responsible hospital.”
      (4)
In subsection (2), after “treatment” insert “, or in respect of a community
patient,”.
Orders appointing acting nearest relative
15
13
In section 29 (appointment by court of acting nearest relative), in subsection
(3)(d) omit the words “from hospital or guardianship”.
14    (1)
Section 30 (discharge and variation of orders under section 29) is amended
as follows.
      (2)
In subsection (4), for paragraphs (a) and (b) substitute—
20
“(a)
if—
(i)
on the date of the order the patient was liable to be
detained or subject to guardianship by virtue of a
relevant application, order or direction; or
(ii)
he becomes so liable or subject within the period of
25
three months beginning with that date; or
(iii)
he was a community patient on the date of the order,

it shall cease to have effect when he is discharged under
section 23 above or 72 below or the relevant application,
order or direction otherwise ceases to have effect (except as a
30
result of his being transferred in pursuance of regulations
under section 19 above);
(b)
otherwise, it shall cease to have effect at the end of the period
of three months beginning with the date of the order.”
      (3)
After subsection (4) insert—
35
“(4A)
In subsection (4) above, reference to a relevant application, order or
direction is to any of the following—
(a)
an application for admission for treatment;
(b)
a guardianship application;
(c)
an order or direction under Part 3 of this Act (other than
40
under section 35, 36 or 38).”

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
61

Regulations for purposes of Part 2
15
In section 32 (regulations for purposes of Part 2), in subsection (2)(c) after
“this Part of this Act” insert “or community patients”.
Wards of court
16    (1)
Section 33 (special provisions as to wards of court) is amended as follows.
5
      (2)
In subsection (2), after “admission under this Part of this Act” insert “or is a
community patient”.
      (3)
For subsection (4) substitute—
“(4)
Where a community treatment order has been made in respect of a
minor who is a ward of court, the provisions of this Part of this Act
10
relating to community treatment orders and community patients
have effect in relation to the minor subject to any order which the
court makes in the exercise of its wardship jurisdiction; but this does
not apply as regards any period when the minor is recalled to
hospital under section 17E above.”
15
Restricted patients
17
In section 41 (power of higher courts to restrict discharge from hospital), in
subsection (3)(aa) for “after-care under supervision” substitute “community
treatment orders and community patients”.
Applications and references to Mental Health Review Tribunal
20
18    (1)
Section 66 (applications to tribunals) is amended as follows.
      (2)
In subsection (1)—
(a)
after paragraph (c) insert—
“(ca)
a community treatment order is made in respect of a
patient; or
25
(cb)
a community treatment order is revoked under
section 17F above in respect of a patient; or”,
(b)
in paragraph (f), after “discharged” insert “under section 23 above”,
(c)
after that paragraph insert—
“(fza)
a report is furnished under section 20A above in
30
respect of a patient and the patient is not discharged
under section 23 above; or”,
(d)
after paragraph (fa) insert—
“(faa)
a report is furnished under subsection (2) of section
21B above in respect of a community patient and
35
subsection (6A) of that section applies (or subsections
(6A) and (6B)(b) of that section apply) in the case of
the report; or”,
(e)
in paragraph (g), after “treatment” insert “or a community patient”,
and
40
(f)
in paragraph (h), after “this Act” insert “or who is a community
patient”.
      (3)
In subsection (2)—

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
62

(a)
after paragraph (c) insert—
“(ca)
in the case mentioned in paragraph (ca) of that
subsection, six months beginning with the day on
which the community treatment order is made;
(cb)
in the case mentioned in paragraph (cb) of that
5
subsection, six months beginning with the day on
which the community treatment order is revoked;”,
and
(b)
after paragraph (f) insert—
“(fza)
in the cases mentioned in paragraphs (fza) and (faa)
10
of that subsection, the period or periods for which the
community treatment period is extended by virtue of
the report;”.
      (4)
After subsection (2) insert—
“(2A)
Nothing in subsection (1)(b) above entitles a community patient to
15
make an application by virtue of that provision even if he is admitted
to a hospital on being recalled there under section 17E above.”
19
In section 67 (references to tribunals by Secretary of State concerning Part 2
patients), in subsection (1), at the end insert “or of any community patient”.
20
In section 69 (applications to tribunals concerning patients subject to
20
hospital and guardianship orders)—
(a)
in subsection (1), for paragraph (a) substitute—
“(a)
in respect of a patient liable to be detained in
pursuance of a hospital order or a community patient
who was so liable immediately before he became a
25
community patient, by the nearest relative of the
patient in any period in which an application may be
made by the patient under any such provision as so
applied;”,
(b)
in subsection (2)(b), omit the words “45B(2), 46(3),”, and
30
(c)
after subsection (2) insert—
“(3)
The provisions of section 66 above as applied by section 40(4)
above are subject to subsection (4) below.
(4)
If the initial detention period has not elapsed when the
relevant application period begins, the right of a hospital
35
order patient to make an application by virtue of paragraph
(ca) or (cb) of section 66(1) above shall be exercisable only
during whatever remains of the relevant application period
after the initial detention period has elapsed.
(5)
In subsection (4) above—
40
(a)
“hospital order patient” means a patient who is
subject to a hospital order, excluding a patient of a
kind mentioned in paragraph (a) or (b) of subsection
(2) above;
(b)
“the initial detention period”, in relation to a hospital
45
order patient, means the period of six months
beginning with the date of the hospital order; and

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Schedule 3 — Supervised community treatment: further amendments to 1983 Act
63

(c)
“the relevant application period” means the relevant
period mentioned in paragraph (ca) or (cb), as the
case may be, of section 66(2) above.”
21    (1)
Section 72 (powers of tribunals) is amended as follows.
      (2)
In subsection (1)—
5
(a)
after “this Act” insert “or is a community patient”, and
(b)
after paragraph (b) insert—
“(c)
the tribunal shall direct the discharge of a community
patient if they are not satisfied—
(i)
that he is then suffering from mental disorder
10
or mental disorder of a nature or degree which
makes it appropriate for him to receive
medical treatment; or
(ii)
that it is necessary for his health or safety or
for the protection of other persons that he
15
should receive such treatment; or
(iii)
that it is necessary for his health or safety or
for the protection of other persons that he
should be liable to be recalled to hospital for
that purpose; or
20
(iv)
that appropriate medical treatment is
available for him; or
(v)
in the case of an application by virtue of
paragraph (g) of section 66(1) above, that the
patient, if discharged, would be likely to act in
25
a manner dangerous to other persons or to
himself.”
      (3)
For subsection (3A) substitute—
“(3A)
Subsection (1) above does not require a tribunal to direct the
discharge of a patient just because they think it might be appropriate
30
for the patient to be discharged (subject to the possibility of recall)
under a community treatment order; and a tribunal—
(a)
may recommend that the responsible clinician consider
whether to make a community treatment order; and
(b)
may (but need not) further consider the patient’s case if the
35
responsible clinician does not make an order.”
22
In section 76 (visiting and examination of patients), in subsection (1), after
“this Act” insert “or a community patient,”.
23
In section 77 (general provisions concerning tribunal applications), in
subsection (3) for the words from “to the tribunal” to the end substitute—
40
“(a)
in the case of a patient who is liable to be detained in a
hospital, to the tribunal for the area in which that hospital is
situated;
(b)
in the case of a community patient, to the tribunal for the area
in which the responsible hospital is situated;
45
(c)
in the case of a patient subject to guardianship, to the tribunal
for the area in which the patient is residing.”

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act
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After-care services
24
In section 117 (after-care), in subsection (2) for the words from “patient who
is subject” to the end substitute “community patient while he remains such
a patient.”
Code of practice
5
25
In section 118 (code of practice), in subsection (1)(a) for “after-care under
supervision” substitute “community patients”.
General protection of detained patients
26    (1)
Section 120 (general protection of detained patients) is amended as follows.
      (2)
In subsection (1)—
10
(a)
after “liable to be detained under this Act” insert “or to community
patients”,
(b)
in paragraph (a) after “registered establishments” insert “and
community patients in hospitals and establishments of any
description and (if access is granted) other places”, and
15
(c)
in paragraph (b)—
(i)
in sub-paragraph (i), after “this Act in” insert “, or recalled
under section 17E above to,”, and
(ii)
in sub-paragraph (ii), after “detained” insert “or is or has been
a community patient”.
20
      (3)
In subsection (4)—
(a)
in paragraph (a), for “registered establishment” substitute “hospital
or establishment of any description”, and
(b)
in paragraph (b), for “in a registered establishment” substitute
“under this Act or who is or has been a community patient”.
25
      (4)
After subsection (7) insert—
“(8)
In this section, “establishment of any description” has the same
meaning as in section 119 above.”
27
In section 121 (Mental Health Act Commission), in subsection (4), for the
words from “not liable” to the end substitute “neither liable to be detained
30
under this Act nor community patients”.
Offences
28
In section 128 (assisting patients to absent themselves without leave, etc), in
subsection (1) after “under this Act” insert “or is a community patient”.
Duty to give information
35
29
In section 132 (duty of managers of hospitals to give information to detained
patients), in subsection (2) for “nursing home” substitute “establishment”.