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| | | ‘( ) | he has attained the age of 18 years;’. |
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| | Page 17, line 30 [Clause 27], at end insert— |
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| | | ‘(3A) | A patient falls within this subsection if— |
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| | | (a) | he has not attained the age of 18 years; but |
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| | | (b) | he has consented to the treatment in question; and |
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| | | (c) | a registered medical practitioner appointed as aforesaid (not |
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| | | being the approved clinician in charge of the treatment) has |
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| | | (i) | that the patient is capable of understanding the nature, |
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| | | purpose and likely effects of the treatment and has |
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| | | (ii) | that it is appropriate for the treatment to be given.’. |
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| | Page 17, line 43 [Clause 27], leave out sub-paragraph (iii). |
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| | Page 18, line 7 [Clause 27], at end insert— |
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| | | ‘(5A) | This section shall not by itself confer sufficient authority for a patient |
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| | | who falls within section 56(5) above to be given a form of treatment to |
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| | | which this section applies if he is not capable of understanding the nature, |
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| | | purpose and likely effects of the treatment (and cannot therefore consent |
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| | Page 18, line 41 [Clause 28], leave out ‘58A(4)’ and insert ‘58A(3A) or (4)’. |
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| | Page 18, line 43 [Clause 28], leave out ‘58A(4)’ and insert ‘58A(3A) or (4)’. |
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| | Page 18, line 45 [Clause 28], leave out from ‘treatment)’ to ‘in’ in line 2 on page 19 |
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| | and insert ‘, after subsection (1) insert— |
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| | | “(1A) | Section 58A above, in so far as it relates to electro-convulsive therapy by |
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| | | virtue of subsection (1)(a) of that section, shall not apply to any treatment |
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| | | which falls within paragraph (a) or (b) of subsection (1) above. |
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| | | (1B) | Section 58A above, in so far as it relates to a form of treatment specified |
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| | | by virtue of subsection (1)(b) of that section, shall not apply to any |
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| | | treatment which falls within such of paragraphs (a) to (d) of subsection |
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| | | (1) above as may be specified in regulations under that section. |
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| | | (1C) | For the purposes of subsection (1B) above, the regulations— |
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| | | (a) | may make different provision for different cases (and may, in |
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| | | particular, make different provision for different forms of |
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| | | |
| | | (b) | may make provision which applies subject to specified |
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| | | (c) | may include transitional, consequential, incidental or |
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| | Page 19, line 5 [Clause 28], at end insert— |
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| | | ‘( ) | In section 64 (supplementary provisions), after subsection (1A) (inserted by |
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| | | section 12 of this Act) insert— |
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| | | “(1B) | References in this Part of this Act to the approved clinician in charge of |
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| | | a patient’s treatment shall, where the treatment in question is a form of |
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| | | treatment to which section 58A above applies and the patient falls within |
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| | | section 56(5) above, be construed as references to the person in charge of |
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| | | (1C) | Regulations made by virtue of section 32(2)(d) above apply for the |
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| | | purposes of this Part as they apply for the purposes of Part 2 of this |
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| | Page 19, line 5 [Clause 28], at end insert— |
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| | | ‘( ) | In section 28 of the Mental Capacity Act 2005 (c. 9) (Mental Health Act matters), |
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| | | after subsection (1) insert— |
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| | | “(1A) | Subsection (1) does not apply in relation to any form of treatment to |
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| | | which section 58A of that Act (electro-convulsive therapy, etc.) applies |
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| | | if the patient comes within subsection (5A) of that section (informal |
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| | | patient under 18 who cannot give consent).”.’. |
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| | Page 24, line 37 [Clause 31], after ‘that’, insert ‘and to subsection (5) below’. |
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| | Page 25, line 5 [Clause 31], leave out ‘under section 37(4)’ and insert ‘for his |
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| | detention in a place of safety under section 37(4) or 45A(5)’. |
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| | Page 25, line 11 [Clause 31], after ‘above.’, insert— |
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| | | ‘(5) | Section 58A and, so far as relevant to that section, sections 59 to 62 |
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| | | below also apply to any patient who— |
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| | | (a) | does not fall within subsection (3) above; |
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| | | (b) | is not a community patient; and |
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| | | (c) | has not attained the age of 18 years.’. |
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| | Page 25, line 31 [Clause 31], leave out ‘(within the meaning of section 64C |
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| | below)’ and insert ‘for the purposes of section 64C or 64E below’. |
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| | Page 25, line 35 [Clause 31], at end insert— |
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| | | ‘( ) | Section 58A above does not apply to treatment given to the patient if |
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| | | there is authority to give the treatment, and the certificate requirement is |
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| | | met, for the purposes of section 64C or 64E below.’. |
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| | Page 25, line 47 [Clause 31], after ‘58’, insert ‘or 58A’. |
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| | Page 26, line 19 [Clause 32], leave out ‘or 58A’. |
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| | Page 26, line 28 [Clause 32], after ‘treatment’ insert ‘or section 58A type |
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| | Page 27, line 12 [Clause 32], after second ‘treatment’ insert ‘or section 58A type |
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| | Page 27, line 13 [Clause 32], leave out ‘above’ and insert ‘or 58A above |
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| | Page 27, line 24 [Clause 32], at beginning insert ‘In a case where the treatment is |
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| | section 58 type treatment,’. |
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| | Page 27, line 33 [Clause 32], at end insert— |
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| | | ‘(5A) | In a case where the treatment is section 58A type treatment by virtue of |
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| | | subsection (1)(a) of that section, treatment is immediately necessary if it |
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| | | falls within paragraph (a) or (b) of subsection (5) above. |
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| | | (5B) | In a case where the treatment is section 58A type treatment by virtue of |
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| | | subsection (1)(b) of that section, treatment is immediately necessary if it |
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| | | falls within such of paragraphs (a) to (d) of subsection (5) above as may |
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| | | be specified in regulations under that section. |
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| | | (5C) | For the purposes of subsection (5B) above, the regulations— |
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| | | (a) | may make different provision for different cases (and may, in |
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| | | particular, make different provision for different forms of |
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| | | |
| | | (b) | may make provision which applies subject to specified |
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| | | |
| | | (c) | may include transitional, consequential, incidental or |
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| | | supplemental provision.’. |
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| | Page 28, line 28 [Clause 32], after ‘treatment’ insert ‘or section 58A type |
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| | Page 29, line 33 [Clause 32], leave out from ‘treatment’ to end of line 42 and insert |
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| | ‘is immediately necessary’. |
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| | Page 30, line 5 [Clause 32], at end insert— |
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|
