House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

1355

House of Commons

Tuesday 19th June 2007

Consideration of Bill

Mental Health Bill [Lords], As Amended

Note

The Amendments have been arranged in accordance with the Order of the House

[18th June].

Amendments relating to clause 7

Chris Bryant

Mr David Kidney

Meg Hillier

Mrs Madeleine Moon

Dr Doug Naysmith

Ann Coffey

Total signatories: 15

1

Page  4,  line  16  [Clause  7],  leave out ‘In section 145(1) of the 1983 Act

(interpretation)’ and insert—

‘(1)
Section 145 of the 1983 Act (interpretation) is amended as follows.

(2)
In subsection (1)’.

Chris Bryant

Mr David Kidney

Meg Hillier

Mrs Madeleine Moon

Dr Doug Naysmith

Ann Coffey

Total signatories: 15

2

Page  4,  line  18  [Clause  7],  after ‘care’ insert ‘(but see also subsection (4) below)’.

Consideration of Bill: 19th June 2007
1356

Mental Health Bill–[Lords], continued

Chris Bryant

Mr David Kidney

Meg Hillier

Mrs Madeleine Moon

Dr Doug Naysmith

Ann Coffey

Total signatories: 16

3

Page  4,  line  18  [Clause  7],  at end insert—

‘(3)
After subsection (3) insert—

“(4)
Any reference in this Act to medical treatment, in relation to mental

disorder, shall be construed as a reference to medical treatment the

purpose of which is to alleviate, or prevent a worsening of, the disorder

or one or more of its symptoms or manifestations.”.’.

New Clauses and amendments relating to impaired decision-making

Impaired decision making

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Total signatories: 7

NC12

To move the following Clause:—

‘( )
The 1983 Act is amended as follows.

( )
In section 3 (admission for treatment) after subsection 2(a) insert—

“(aa)
that because of his mental disorder, his ability to make decisions about

the provision of medical treatment is significantly impaired.”.’.

Amendments relating to clause 3; new clauses and new amendments

relating to places of safety; remaining proceedings on consideration

Assessment of needs for community care services

David Taylor

Lynne Jones

NC1

To move the following Clause:—

‘After section 1 of the 1983 Act insert—

Consideration of Bill: 19th June 2007
1357

Mental Health Bill–[Lords], continued

“Part 1A

Assessment of needs for community care services

1A
Assessment of needs for community care services

(1)
Where—

(a)
it appears to an approved mental health professional that any

person with a mental disorder within the meaning of this Act

should be assessed under section 47 of the National Health

Service and Community Care Act 1990 (c 19); and

(b)
that professional notifies the local authority that the patient may

be in need of community care services,


the patient shall for the purposes of that section be deemed to appear to

the local authority to be a person who may be in need of any such

services.

(2)
Where—

(a)

(i)
a local authority receives a request in writing for the

needs of a person to be assessed under section 47 of the

National Health Service and Community Care Act 1990;

or

(ii)
a health authority receives a request in writing for the

needs of a person for services which are provided by the

health authority in respect of mentally disordered

persons to be assessed; and

(b)
any of the circumstances mentioned in paragraphs (a) to (c) of

subsection (3) below apply,


the local authority or, as may be the case, the health authority shall

comply with the requirement in subsection (4) below.

(3)
The circumstances referred to in subsection (2)(b) are—

(a)
that the request bears—

(i)
to be made by a mentally disordered person; and

(ii)
to be a request for the needs of that person to be

assessed;

(b)
that the request bears—

(i)
to be made by the primary carer, or nearest relative, of a

mentally disordered person; and

(ii)
to be a request for the needs of the mentally disordered

person to be assessed;

(c)
though the request does not bear to be made as mentioned in

paragraph (a) or (b) above, it appears to the local authority or, as

the case may be, the health authority that the request—

(i)
is a request for the needs of the mentally disordered

person to be assessed; and

(ii)
is made by that person, or by that person’s carer or

nearest relative.

(4)
The requirement referred to in subsection (2) above is to give notice,

before the expiry of the period of 14 days beginning with the day on

which the request is received, to the person who made the request—

(a)
of whether—

(i)
the local authority intends or

Consideration of Bill: 19th June 2007
1358

Mental Health Bill–[Lords], continued

(ii)
the health authority intends,


to undertake the assessment; and

(b)
if the intention is not to undertake the assessment, of the reason

why that is the case.”.’.

Warrant to search for and remove patients

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

NC11

To move the following Clause:—

‘(1)
Section 135 of the 1983 Act is amended as follows.

(2)
In subsection 1(a) leave out “for neglected or kept otherwise than under proper

control” and substitute “and neglected”.

(3)
After subsection 1(b) insert “or (c) may be in need of treatment or care for his

mental disorder and is living in any such place, and, access to that place is

necessary for the purpose of establishing whether or not he is in need of treatment

or care, and it has not been possible to gain such access without a warrant.”.’.

Membership of Mental Health Review Tribunals

Sandra Gidley

NC16

To move the following Clause:—

‘In Section 78 of the 1983 Act after subsection (9) insert—

“(10)
The Lord Chancellor must provide for the membership of Mental Health

Review Tribunals to include the following groups—

(a)
people from diverse cultural communities;

(b)
service users; and

(c)
carers.”.’.

Consideration of Bill: 19th June 2007
1359

Mental Health Bill–[Lords], continued

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Andrew Rosindell

Total signatories: 8

91

Page  2,  line  24  [Clause  3],  leave out from ‘Act)’ to end of line 26 and insert ‘after

subsection (2B) insert—

“(2)
Nothing in this section shall be construed to cover paedophilia.

(3)
For the purposes of subsection (2) above a person shall not be considered to have

a mental disorder as defined in this section solely on the grounds of the

following—

(a)
his substance misuse (including dependence upon, or use of, alcohol or

drugs);

(b)
his sexual preference or gender identity;

(c)
his commission, or likely commission, of illegal or disorderly acts;

(d)
his cultural, religious or political beliefs.”.’.

Mr Andrew Dismore

Tim Loughton

Angela Browning

Mr Tim Boswell

Mr Charles Walker

James Duddridge

Total signatories: 9

69

Page  2  [Clause  3],  leave out lines 25 and 26 and insert—

‘(3)
A person shall not be considered to be suffering from a mental disorder for the

purposes of this Act solely on the grounds of—

(a)
his substance misuse (including dependence on alcohol or drugs);

(b)
his sexual orientation or gender reassignment;

(c)
his commission or likely commission of illegal or disorderly acts; or

(d)
his cultural, religious or political beliefs.’.

Tim Loughton

Dr John Pugh

Angela Browning

Sandra Gidley

Mr Tim Boswell

Mr Charles Walker

Total signatories: 8

88

Page  39,  line  20  [Clause  41],  at end insert—

‘(4)
In section 135(6) for the words from “means” to the end of that subsection

substitute—