House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Consideration of Bill: 18th June 2007
1314

Mental Health Bill–[Lords], continued

(6)
The relevant local probation board has the meaning given in section

37(8).”

Hospital directions and limitation directions

8
In section 39 (victims’ rights: preliminary), in subsection (3)—

(a)
in paragraph (a), after “discharge from hospital” insert “while he is

subject to a limitation direction”, and

(b)
after that paragraph insert—

“(aa)
what conditions he should be subject to in the event of

his discharge from hospital under a community

treatment order;”.

9
After section 41 insert—

“41A
Removal of restriction

(1)
This section applies if, in a case where section 39 applies—

(a)
the limitation direction in respect of the offender ceases to be

in force, and

(b)
he is treated for the purposes of the Mental Health Act 1983

as a patient in respect of whom a hospital order has effect.

(2)
Subsection (3) applies if a person who appears to the relevant local

probation board to be the victim of the offence or to act for the victim

of the offence—

(a)
when his wishes were ascertained under section 39(2),

expressed a wish to make representations about a matter

specified in section 39(3) or to receive the information

specified in section 39(4), or

(b)
has subsequently informed the relevant local probation board

that he wishes to make representations about such a matter or

to receive that information.

(3)
The relevant local probation board must take all reasonable steps—

(a)
to notify the managers of the relevant hospital of an address at

which that person may be contacted;

(b)
to notify that person of the address of the hospital.

(4)
The offender is to be regarded as a patient in respect of whom a

hospital order was made without a restriction order; and sections 37A

and 38A are to apply in relation to him accordingly.

(5)
The relevant hospital has the meaning given in section 36A(6).

(6)
The relevant local probation board has the meaning given in section

40(8).”

Transfer directions (with or without restriction directions)

10  (1)
Section 42 (victims’ rights: preliminary) is amended as follows.

      (2)
In subsection (1)(c), for “and a restriction order in respect of him” substitute

“in respect of the offender (whether or not he also gives a restriction direction

in respect of the offender)”.

      (3)
In subsection (3)—

(a)
in paragraph (a), after “discharge from hospital” insert “at a time when

a restriction direction is in force in respect of him”, and

Consideration of Bill: 18th June 2007
1315

Mental Health Bill–[Lords], continued

(b)
after paragraph (b) insert “;

(c)
what conditions he should be subject to in the event of

his discharge from hospital under a community

treatment order”.

11
After section 42 insert—

“42A
Supplemental provision for case where no restriction direction given

(1)
This section applies if, in a case where section 42 applies, the transfer

direction in respect of the patient was given without a restriction

direction.

(2)
Subsection (3) applies if a person who appears to the local probation

board mentioned in section 42(2) to be the victim of the offence or to

act for the victim of the offence, when his wishes are ascertained under

section 42(2), expresses a wish—

(a)
to make representations about a matter specified in section

42(3), or

(b)
to receive the information specified in section 42(4).

(3)
The local probation board must—

(a)
notify the managers of the hospital in which the patient is

detained of that person’s wish and of that person’s name and

address, and

(b)
notify that person of the name and address of the hospital.

(4)
Subsection (5) applies if a person who appears to the local probation

board mentioned in section 42(2) to be the victim of the offence or to

act for the victim of the offence, subsequently to his wishes being

ascertained under section 42(2), expressed a wish to do something

specified in subsection (2)(a) or (b).

(5)
The local probation board mentioned in section 42(2) must take all

reasonable steps—

(a)
to ascertain whether the transfer direction given in respect of

the patient continues in force and whether a community

treatment order is in force in respect of him, and

(b)
if the board ascertains that the transfer direction does continue

in force—

(i)
to notify the managers of the relevant hospital of that

person’s wish, and

(ii)
to notify that person of the name and address of the

hospital.

(6)
The relevant hospital has the meaning given in section 36A(6).”

12
In section 43 (the title to which becomes “Representations where restriction

direction made”), in subsection (1), for “if section 42 applies” substitute “if, in

a case where section 42 applies, the transfer direction in respect of the patient

was given with a restriction direction”.

13
After section 43 insert—

“43A
Representations where restriction direction not given

(1)
This section applies if, in a case where section 42 applies, the transfer

direction in respect of the patient was given without a restriction

direction.

Consideration of Bill: 18th June 2007
1316

Mental Health Bill–[Lords], continued

(2)
Subsection (3) applies if—

(a)
a person makes representations about a matter specified in

section 42(3) to the managers of the relevant hospital, and

(b)
it appears to the managers that the person is the victim of the

offence or acts for the victim of the offence.

(3)
The managers must forward the representations to the persons

responsible for determining the matter.

(4)
The responsible clinician must inform the managers of the relevant

hospital if he is considering making—

(a)
an order for discharge in respect of the patient under section

23(2) of the Mental Health Act 1983,

(b)
a community treatment order in respect of him, or

(c)
an order under section 17B(4) of the Mental Health Act 1983

to vary the conditions specified in a community treatment

order in force in respect of the patient.

(5)
Any person who has power to make an order for discharge in respect

of the patient under section 23(3) of the Mental Health Act 1983 must

inform the managers of the relevant hospital if he is considering

making that order.

(6)
A Mental Health Review Tribunal must inform the managers of the

relevant hospital if—

(a)
an application is made to the tribunal under section 66 or 69

of the Mental Health Act 1983, or

(b)
the patient’s case is referred to the tribunal under section 67 of

that Act.

(7)
Subsection (8) applies if—

(a)
the managers of the relevant hospital receive information

under subsection (4), (5) or (6), and

(b)
a person who appears to the managers to be the victim of the

offence or to act for the victim of the offence—

(i)
when his wishes were ascertained under section

42(2), expressed a wish to make representations about

a matter specified in section 42(3), or

(ii)
has made representations about such a matter to the

managers of the hospital in which the patient was, at

the time in question, detained.

(8)
The managers of the relevant hospital must provide the information to

the person.

(9)
The relevant hospital has the meaning given in section 36A(6).”

14
In section 44 (the title to which becomes “Information where restriction

direction made”), in subsection (1), for “if section 42 applies” substitute “if, in

a case where section 42 applies, the transfer direction in respect of the patient

was given with a restriction direction”.

15
After section 44 insert —

“44A
Information where restriction direction not given

(1)
This section applies if, in a case where section 42 applies, the transfer

direction in respect of the patient was given without a restriction

direction.

Consideration of Bill: 18th June 2007
1317

Mental Health Bill–[Lords], continued

(2)
The responsible clinician must inform the managers of the relevant

hospital—

(a)
whether he is to make an order for discharge in respect of the

patient under section 23(2) of the Mental Health Act 1983;

(b)
whether he is to make a community treatment order in respect

of the patient;

(c)
if a community treatment order is to be made in respect of the

patient, what conditions are to be specified in the order;

(d)
if a community treatment order is in force in respect of the

patient, of any variation to be made under section 17B(4) of

the Mental Health Act 1983 of the conditions specified in the

order;

(e)
if a community treatment order in respect of the patient is to

cease to be in force, of the date on which it is to cease to be in

force;

(f)
if, following the examination of the patient under section 20

of the Mental Health Act 1983, it does not appear to the

responsible clinician that the conditions set out in subsection

(4) of that section are satisfied, of the date on which the

authority for the patient’s detention is to expire.

(3)
Any person who has power to make an order for discharge in respect

of the patient under section 23(3) of the Mental Health Act 1983 must

inform the managers of the relevant hospital if he is to make that order.

(4)
Subsection (5) applies if—

(a)
an application is made to a Mental Health Review Tribunal

under section 66 or 69 of the Mental Health Act 1983,

(b)
the patient’s case is referred to a Mental Health Review

Tribunal under section 67 of that Act, or

(c)
the managers of the relevant hospital refer the patient’s case

to a Mental Health Review Tribunal under section 68 of that

Act.

(5)
The tribunal must inform the managers of the relevant hospital if it

directs that the patient be discharged.

(6)
Subsection (7) applies if a person who appears to the managers of the

relevant hospital to be the victim of the offence or to act for the victim

of the offence—

(a)
when his wishes were ascertained under section 42(2),

expressed a wish to receive the information specified in

section 42(4), or

(b)
has subsequently informed the managers of the relevant

hospital that he wishes to receive that information.

(7)
The managers of the relevant hospital order must take all reasonable

steps—

(a)
to inform that person whether the patient is to be discharged

under section 23 or 72 of the Mental Health Act 1983;

(b)
to inform that person whether a community treatment order is

to be made in respect of the patient;

(c)
if a community treatment order is to be made in respect of the

patient and is to specify conditions which relate to contact

Consideration of Bill: 18th June 2007
1318

Mental Health Bill–[Lords], continued

with the victim or his family, to provide that person with

details of those conditions;

(d)
if a community treatment order is in force in respect of the

patient and the conditions specified in the order are to be

varied under section 17B(4) of the Mental Health Act 1983, to

provide that person with details of any variation which relates

to contact with the victim or his family;

(e)
if a community treatment order in respect of the patient is to

cease to be in force, to inform that person of the date on which

it is to cease to be in force;

(f)
if, following the examination of the patient under section 20

of the Mental Health Act 1983, the authority for the patient’s

detention is not to be renewed, to inform that person of the

date on which the authority is to expire;

(g)
to provide that person with such other information as the

managers of the relevant hospital consider appropriate in all

the circumstances of the case.

(8)
The relevant hospital has the meaning given by section 36A(6).

44B
Removal of restriction

(1)
This section applies if, in a case where section 42 applies—

(a)
the transfer direction in respect of the patient was given with

a restriction direction, and

(b)
the restriction direction ceases to be in force while the transfer

direction continues in force.

(2)
Subsection (3) applies if a person who appears to the relevant local

probation board to be the victim of the offence or to act for the victim

of the offence—

(a)
when his wishes were ascertained under section 42(2),

expressed a wish to make representations about a matter

specified in section 42(3) or to receive the information

specified in section 42(4), or

(b)
has subsequently informed the relevant local probation board

that he wishes to make representations about such a matter or

to receive that information.

(3)
The relevant local probation board must take all reasonable steps—

(a)
to notify the managers of the relevant hospital of an address at

which that person may be contacted;

(b)
to notify that person of the name and address of the hospital.

(4)
While the transfer direction continues in force, the patient is to be

regarded as a patient in respect of whom a transfer direction was given

without a restriction direction; and sections 43A and 44A are to apply

in relation to him accordingly.

(5)
The relevant hospital has the meaning given in section 36A(6).

(6)
The relevant local probation board has the meaning given in section

43(8).”

Consideration of Bill: 18th June 2007
1319

Mental Health Bill–[Lords], continued

Interpretation

16  (1)
Section 45 (the title to which becomes “Interpretation: sections 35 to 44B”) is

amended as follows.

      (2)
In subsection (1)—

(a)
for “44” substitute “44B”, and

(b)
at the appropriate places insert—

““community treatment order” has the meaning given in section

17A of the Mental Health Act 1983;”,

““the managers” has the meaning given in section 145 of the Mental

Health Act 1983;”,

““responsible clinician” means the responsible clinician for the

purposes of Part 3 of the Mental Health Act 1983;”, and

““responsible hospital” has the meaning given in section 17A of the

Mental Health Act 1983;”.

      (3)
In subsection (2), for “44” substitute “44B”.

      (4)
After subsection (2) insert—

“(3)
A reference in sections 35 to 44B to a place in which a person is

detained includes a reference to a place in which he is liable to be

detained under the Mental Health Act 1983.

(4)
For the purposes of section 32(3) of that Act (regulations as to

delegation of managers’ functions, etc.) as applied by Parts 1 and 2 of

Schedule 1 to that Act, a function conferred on the managers of a

hospital under sections 35 to 44B of this Act is to be treated as a

function of theirs under Part 3 of that Act.”’.

Ms Secretary Hewitt

51

Page  89,  line  44  [Schedule  6],  at end insert ‘, or

(c)
any section 39D IMCA.’.

Ms Secretary Hewitt

52

Page  92,  line  9  [Schedule  6],  at end insert—

‘(d)
the right to have a section 39D IMCA appointed;

(e)
how to have a section 39D IMCA appointed.’.

Ms Secretary Hewitt

53

Page  92,  line  18  [Schedule  6],  at end insert—

    ‘(7)
Sub-paragraph (8) applies if the managing authority is notified that a section

39D IMCA has been appointed.

Consideration of Bill: 18th June 2007
1320

Mental Health Bill–[Lords], continued

      (8)
As soon as is practicable after being notified, the managing authority must give

the section 39D IMCA a copy of the written information given in accordance

with sub-paragraph (4).’.

Ms Secretary Hewitt

54

Page  101,  line  22  [Schedule  6],  at end insert—

‘(ba)
any section 39D IMCA;’.

Ms Secretary Hewitt

55

Page  108,  line  22  [Schedule  6],  at end insert—

‘(d)
any section 39D IMCA.’.

Ms Secretary Hewitt

56

Page  111,  line  26  [Schedule  6],  at end insert—

‘(d)
any section 39D IMCA.’.

Ms Secretary Hewitt

57

Page  116,  line  9  [Schedule  6],  at end insert—

‘156A
A section 39D IMCA is an independent mental capacity advocate appointed

under section 39D.’.

Ms Secretary Hewitt

58

Page  116,  line  10  [Schedule  6],  at end insert ‘or a section 39D IMCA.’.

Ms Secretary Hewitt

60

Page  129,  line  41  [Schedule  8],  leave out from ‘subsection (1)’ to end and insert

‘after “relate” insert “or persons who fall within section 39A, 39C or 39D”.’.