Mental Health Bill [HL]
[AS AMENDED IN PUBLIC BILL COMMITTEE]
Contents
Part 1
Amendments to Mental Health Act 1983
Chapter 1
Changes to key provisions
Mental disorder
1
Removal of categories of mental disorder
2
Learning disability
3
Changes to exclusions from operation of 1983 Act
Tests for detention etc
4
Replacement of “treatability” and “care” tests with appropriate treatment test
5
Further cases in which appropriate treatment test is to apply
Medical treatment
6
Appropriate treatment test in Part 4 of 1983 Act
7
Change in definition of “medical treatment”
Fundamental principles
8
The fundamental principles
Chapter 2
Professional roles
Approved clinicians and responsible clinicians
9
Amendments to Part 2 of 1983 Act
10
Amendments to Part 3 of 1983 Act
11
Further amendments to Part 3 of 1983 Act
12
Amendments to Part 4 of 1983 Act
Bill 107
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ii
13
Amendments to Part 5 of 1983 Act
14
Amendments to other provisions of 1983 Act
15
Amendments to other Acts
16
Certain registered medical practitioners to be treated as approved under
section 12 of 1983 Act
17
Regulations as to approvals in relation to England and Wales
Approved mental health professionals
18
19
Approval of courses etc for approved mental health professionals
20
Amendment to section 62 of Care Standards Act 2000
21
Approved mental health professionals: further amendments
Conflicts of interest in professional roles
22
Conflicts of interest
Chapter 3
Safeguards for patients
Patient’s nearest relative
23
Extension of power to appoint acting nearest relative
24
Discharge and variation of orders appointing nearest relative
25
Restriction of nearest relative’s right to apply to tribunal
26
Civil partners
Consent to treatment
27
Electro-convulsive therapy, etc.
28
Section 27: supplemental
Chapter 4
Supervised community treatment
29
Community treatment orders, etc
30
Relationship with leave of absence
31
32
Authority to treat
33
Repeal of provisions for after-care under supervision
Chapter 5
Mental Health Review Tribunals
34
References
35
Organisation
iii
Chapter 6
Cross-border patients
36
Cross-border arrangements
Chapter 7
Restricted patients
37
Restriction orders
38
Conditionally discharged patients subject to limitation directions
Chapter 8
Miscellaneous
39
Offence of ill-treatment: increase in maximum penalty on conviction on
indictment
40
Informal admission of patients aged 16 or 17
41
Places of safety
42
Delegation of powers of managers of NHS foundation trusts
43
Local Health Boards
44
Welsh Ministers: procedure for instruments
Part 2
Amendments to Mental Capacity Act 2005
45
Mental Capacity Act 2005: deprivation of liberty
46
Amendment to section 20(11) of Mental Capacity Act 2005
Part 3
General
47
Meaning of “1983 Act”
48
Transitional provisions and savings
49
Consequential provisions
50
Repeals and revocations
51
Commencement
52
Commencement of section 33
53
Extent
54
Short title
Schedule 1 —
Categories of mental disorder: further amendments etc
Part 1 —
Amendments to 1983 Act
Part 2 —
Schedule 2 —
to 1983 Act
iv
Schedule 3 —
Supervised community treatment: further amendments to
1983 Act
Schedule 4 —
Supervised community treatment: amendments to other Acts
Schedule 5 —
Amendments to Part 6 of 1983 Act
Related amendments
Schedule 6 —
Mental Capacity Act 2005: new Schedule A1
Schedule 7 —
Mental Capacity Act 2005: new Schedule 1A
Schedule 8 —
Amendments relating to new section 4A of,& Schedule A1 to,
Mental Capacity Act 2005
Other amendments to Mental Capacity Act 2005
Schedule 9 —
Schedule 10 —
Replacement of “treatability” and “care” tests
Part 3 —
Part 4 —
Part 5 —
Part 6 —
Organisation of tribunals
Part 7 —
Part 8 —
Part 9 —
Part 10 —
Deprivation of liberty