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 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
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(5)
In section 53(2) (powers of Secretary of State in respect of civil prisoners and
persons detained under the Immigration Acts)—
(a)
for “responsible medical officer” substitute “responsible clinician”, and
(b)
for “registered medical practitioner” substitute “approved clinician”.
(6)
In section 54 (requirements as to medical evidence), for subsection (2)
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substitute—
“(2)
For the purposes of any provision of this Part of this Act under which a
court may act on the written evidence of any person, a report in writing
purporting to be signed by that person may, subject to the provisions of
this section, be received in evidence without proof of the following—
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(a)
the signature of the person; or
(b)
his having the requisite qualifications or approval or authority
or being of the requisite description to give the report.
(2A)
But the court may require the signatory of any such report to be called
to give oral evidence.”
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(7)
In section 55 (interpretation of Part 3), for the definition of “responsible medical
officer” in subsection (1) substitute—
““responsible clinician”, in relation to a person liable to be
detained in a hospital within the meaning of Part 2 of this Act,
means the approved clinician with overall responsibility for the
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patient’s case.”
(8)
In Part 2 of Schedule 1 (modifications in relation to patients subject to special
restrictions), in paragraph 3—
(a)
in paragraph (b), for ““the responsible medical officer” and after the
words “that officer”” substitute ““the responsible clinician” and after
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the words “that clinician””, and
(b)
in paragraph (c), for ““by the responsible medical officer”” substitute
““by the responsible clinician””.
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Amendments to Part 4 of 1983 Act
(1)
Part 4 of the 1983 Act (consent to treatment) is amended as follows.
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(2)
In section 57 (requirements as to certification for treatment requiring consent
and a second opinion)—
(a)
in subsection (2)(a), for “responsible medical officer” substitute “person
in charge of the treatment in question”, and
(b)
in subsection (3), after “medical treatment” insert “(neither of whom
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shall be the responsible clinician (if there is one) or the person in charge
of the treatment in question)”.
(3)
In section 58 (requirements as to certification for treatment requiring consent
or a second opinion)—
(a)
in subsection (3)—
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(i)
in paragraph (a), for “responsible medical officer” substitute
“approved clinician in charge of it”, and
(ii)
in paragraph (b), for “responsible medical officer” substitute
“approved clinician in charge of the treatment in question”, and

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
9

(b)
in subsection (4), after “medical treatment” insert “(neither of whom
shall be the responsible clinician or the approved clinician in charge of
the treatment in question)”.
(4)
In section 61 (review of treatment)—
(a)
in subsection (1)—
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(i)
for “by the responsible medical officer” substitute “by the
approved clinician in charge of the treatment”, and
(ii)
in paragraph (a), for “responsible medical officer” substitute
“responsible clinician”,
(b)
in subsection (2)(b), for “responsible medical officer” substitute
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“responsible clinician”,
(c)
in subsection (3), omit the words “to the responsible medical officer”,
and
(d)
after that subsection insert—
“(3A)
The notice under subsection (3) above shall be given to the
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approved clinician in charge of the treatment.”
(5)
In section 62(2) (exception to discontinuance of treatment), for “responsible
medical officer” substitute “approved clinician in charge of the treatment”.
(6)
In section 63 (treatment not requiring consent), for “responsible medical
officer” substitute “approved clinician in charge of the treatment”.
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(7)
In section 64 (supplementary provisions for Part 4)—
(a)
in subsection (1), for the words from ““the responsible” to “treatment”
substitute ““the responsible clinician” means the approved clinician
with overall responsibility for the case”, and
(b)
after that subsection insert—
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“(1A)
References in this Part of this Act to the approved clinician in
charge of a patient’s treatment shall, where the treatment in
question is a form of treatment to which section 57 above
applies, be construed as references to the person in charge of the
treatment.”
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13
Amendments to Part 5 of 1983 Act
(1)
Part 5 of the 1983 Act (Mental Health Review Tribunals) is amended as follows.
(2)
In the following provisions, after “registered medical practitioner” insert “or
approved clinician”—
(a)
section 67(2) (power to visit and examine patient for the purposes of a
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tribunal reference), and
(b)
section 76(1) (power to visit and examine patient for the purposes of a
tribunal application).
(3)
In section 79 (interpretation of Part 5), in subsection (6), for “, and “the
responsible medical officer” means the responsible medical officer,” substitute
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“, and “the responsible clinician” means the responsible clinician,”.
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Amendments to other provisions of 1983 Act
(1)
The 1983 Act is amended as follows.

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
10

(2)
In section 118 (code of practice), in subsection (1)(a), after “registered medical
practitioners” insert “, approved clinicians”.
(3)
In the following provisions, after “registered medical practitioner” insert “or
approved clinician”—
(a)
section 120(4)(a) (right of person authorised by Secretary of State etc to
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visit patients), and
(b)
section 121(5)(a) (right of person authorised by Mental Health Act
Commission to visit patients).
(4)
In section 134 (correspondence of patients), in subsection (1), for “registered
medical practitioner in charge of the treatment of the patient” substitute
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“approved clinician with overall responsibility for the patient’s case”.
(5)
In section 145 (general interpretation), in subsection (1), insert the following
definition at the appropriate place—
““approved clinician” means a person approved by the Secretary of State
(in relation to England) or by the Welsh Ministers (in relation to Wales)
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to act as an approved clinician for the purposes of this Act;”.
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Amendments to other Acts
(1)
In section 116B(5) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (provision for
person subject to hospital order and restriction order to be remitted for trial,
etc)—
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(a)
for “the responsible medical officer” substitute “the responsible
clinician”, and
(b)
for the words from “In this subsection” to the end substitute—

“In this subsection “responsible clinician” means the
responsible clinician within the meaning of Part 3 of the 1983
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Act.”
(2)
In section 116B(5) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (provision for
person subject to hospital order and restriction order to be remitted for trial,
etc)—
(a)
for “the responsible medical officer” substitute “the responsible
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clinician”, and
(b)
for the words from “In this subsection” to the end substitute—

“In this subsection “responsible clinician” means the
responsible clinician within the meaning of Part 3 of the 1983
Act.”
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(3)
In section 63B(5) of the Naval Discipline Act 1957 (c. 53) (provision for person
subject to hospital order and restriction order to be remitted for trial, etc)—
(a)
for “the responsible medical officer” substitute “the responsible
clinician”, and
(b)
for the words from “In this subsection” to the end substitute—
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“In this subsection “responsible clinician” means the
responsible clinician within the meaning of Part 3 of the 1983
Act.”

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
11

(4)
In section 5A(4) of the Criminal Procedure (Insanity) Act 1964 (c. 84) (provision
for person subject to hospital order and restriction order to be remitted for trial,
etc), for “the responsible medical officer” substitute “the responsible clinician”.
(5)
In section 171 of the Armed Forces Act 2006 (c. 52) (remission for trial)—
(a)
in subsection (1), for “the responsible medical officer” substitute “the
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responsible clinician”, and
(b)
in subsection (4) for the definition of “the responsible medical officer”
substitute—
““the responsible clinician” means the responsible clinician within
the meaning of Part 3 of the Mental Health Act 1983.”
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(6)
On the commencement of the repeal of an enactment mentioned in subsection
(1), (2) or (3) by the Armed Forces Act 2006, that subsection shall also cease to
have effect.
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Certain registered medical practitioners to be treated as approved under
section 12 of 1983 Act
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In section 12 of the 1983 Act (general provisions as to medical
recommendations), after subsection (2) insert—
“(2A)
A registered medical practitioner who is an approved clinician shall be
treated as also approved for the purposes of this section under
subsection (2) above as having special experience as mentioned there.”
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17
Regulations as to approvals in relation to England and Wales
After section 142 of the 1983 Act, insert—
“142A
Regulations as to approvals in relation to England and Wales
The Secretary of State jointly with the Welsh Ministers may by
regulations make provision as to the circumstances in which—
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(a)
a practitioner approved for the purposes of section 12 above, or
(b)
a person approved to act as an approved clinician for the
purposes of this Act,
approved in relation to England is to be treated, by virtue of his
approval, as approved in relation to Wales too, and vice versa.”
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Approved mental health professionals
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Approved mental health professionals
For section 114 of the 1983 Act (appointment of approved social workers) and
the cross-heading immediately above it substitute—
“Approved mental health professionals
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114
Approval by local social services authority
(1)
A local social services authority may approve a person to act as an
approved mental health professional for the purposes of this Act.

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles
12

(2)
But a local social services authority may not approve a registered
medical practitioner to act as an approved mental health professional.
(3)
Before approving a person under subsection (1) above, a local social
services authority shall be satisfied that he has appropriate competence
in dealing with persons who are suffering from mental disorder.
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(4)
The appropriate national authority may by regulations make provision
in connection with the giving of approvals under subsection (1) above.
(5)
The provision which may be made by regulations under subsection (4)
above includes, in particular, provision as to—
(a)
the period for which approvals under subsection (1) above have
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effect;
(b)
the courses to be undertaken by persons before such approvals
are to be given and during the period for which such approvals
have effect;
(c)
the conditions subject to which such approvals are to be given;
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and
(d)
the factors to be taken into account in determining whether
persons have appropriate competence as mentioned in
subsection (3) above.
(6)
Provision made by virtue of subsection (5)(b) above may relate to
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courses approved or provided by such person as may be specified in
the regulations (as well as to courses approved under section 114A
below).
(7)
An approval by virtue of subsection (6) above may be in respect of a
course in general or in respect of a course in relation to a particular
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person.
(8)
The power to make regulations under subsection (4) above includes
power to make different provision for different cases or areas.
(9)
In this section “the appropriate national authority” means—
(a)
in relation to persons who are or wish to become approved to
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act as approved mental health professionals by a local social
services authority whose area is in England, the Secretary of
State;
(b)
in relation to persons who are or wish to become approved to
act as approved mental health professionals by a local social
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services authority whose area is in Wales, the Welsh Ministers.
(10)
In this Act “approved mental health professional” means—
(a)
in relation to acting on behalf of a local social services authority
whose area is in England, a person approved under subsection
(1) above by any local social services authority whose area is in
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England, and
(b)
in relation to acting on behalf of a local social services authority
whose area is in Wales, a person approved under that
subsection by any local social services authority whose area is
in Wales.”
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