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LORDS AMENDMENTS IN LIEU OF, CONSEQUENTIAL ON, OR TO certain |
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[The page and line references are to Bill 76, the bill as first printed for the Commons] |
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1 | Page 2, leave out lines 22 to 30 and insert— |
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| “(3) | Dependence on alcohol or drugs is not considered to be a disorder or |
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| disability of the mind for the purposes of subsection (2) above.” |
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| The Lords agree with the Commons in their Amendment 1, but do propose the following |
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| consequential amendment to the bill— |
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1A | Page 5, line 8, at end insert— |
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| “(aa) | respect for diversity generally including, in particular, |
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| diversity of religion, culture and sexual orientation (within |
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| the meaning of section 35 of the Equality Act 2006),” |
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4 | |
| The Lords agree with the Commons in their Amendment 4, but do propose the following |
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| amendment in lieu of the words so left out of the Bill— |
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4A | Page 6, line 19, at end insert— |
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| “( ) | after subsection (5) insert— |
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| “(5A) | But the responsible clinician may not furnish a report under |
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| subsection (3) above unless a person— |
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| (a) | who has been professionally concerned with the |
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| patient’s medical treatment; but |
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| (b) | who belongs to a profession other than that to which |
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| the responsible clinician belongs, |
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| | states in writing that he agrees that the conditions set out in |
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| subsection (4) above are satisfied.””” |
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32 | Page 20, line 40, leave out from beginning to end of line 17 on page 21 and insert— |
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| “(b) | it is necessary for his health or safety or for the protection of |
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| other persons that he should receive such treatment; |
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| (c) | subject to his being liable to be recalled as mentioned in |
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| paragraph (d) below, such treatment can be provided |
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| without his continuing to be detained in a hospital; |
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| (d) | it is necessary for his health or safety or for the protection of |
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| other persons that he should be liable to be recalled to |
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| hospital for medical treatment;” |
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| The Lords agree with the Commons in their Amendment 32, but do propose Amendment |
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| 32A as an amendment thereto, and Amendment 32B as a consequential amendment to the |
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32A | Line 7, leave out paragraph (d) and insert— |
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| “(d) | it is necessary that the responsible clinician should be able |
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| to exercise the power under section 17E(1) below to recall |
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| the patient to hospital;” |
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32B | Page 21, line 19, at end insert— |
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| “( ) | In determining whether the criterion in subsection (5)(d) above is |
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| met, the responsible clinician shall, in particular, consider, having |
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| regard to the patient’s history of mental disorder and any other |
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| relevant factors, what risk there would be of a deterioration of the |
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| patient’s condition if he were not detained in a hospital (as a result, |
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| for example, of his refusing or neglecting to receive the medical |
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| treatment he requires for his mental disorder).” |
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41 | Page 25, leave out lines 24 to 43 and insert— |
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| “(b) | it is necessary for his health or safety or for the protection of |
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| other persons that he should receive such treatment; |
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| (c) | subject to his continuing to be liable to be recalled as |
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| mentioned in paragraph (d) below, such treatment can be |
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| provided without his being detained in a hospital; |
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| (d) | it is necessary for his health or safety or for the protection of |
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| other persons that he should continue to be liable to be |
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| recalled to hospital for medical treatment;” |
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| The Lords agree with the Commons in their Amendment 41, but do propose Amendment |
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| 41A as an amendment thereto, and Amendments 41B to 41D as consequential amendments |
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41A | Line 7, leave out paragraph (d) and insert— |
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| “(d) | it is necessary that the responsible clinician should continue |
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| to be able to exercise the power under section 17E(1) above |
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| to recall the patient to hospital;” |
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41B | Page 25, line 45, at end insert— |
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| “( ) | In determining whether the criterion in subsection (7)(d) above is |
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| met, the responsible clinician shall, in particular, consider, having |
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| regard to the patient’s history of mental disorder and any other |
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| relevant factors, what risk there would be of a deterioration of the |
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| patient’s condition if he were to continue not to be detained in a |
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| hospital (as a result, for example, of his refusing or neglecting to |
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| receive the medical treatment he requires for his mental disorder).” |
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41C | Page 63, line 17, leave out sub-paragraph (iii) and insert— |
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| “(iii) | that it is necessary that the responsible clinician |
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| should be able to exercise the power under section |
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| 17E(1) above to recall the patient to hospital;” |
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41D | Page 63, line 27, at end insert— |
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| “( ) | After subsection (1) insert— |
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| “(1A) | In determining whether the criterion in subsection (1)(c)(iii) above |
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| is met, the tribunal shall, in particular, consider, having regard to |
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| the patient’s history of mental disorder and any other relevant |
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| factors, what risk there would be of a deterioration of the patient’s |
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| condition if he were to continue not to be detained in a hospital (as |
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| a result, for example, of his refusing or neglecting to receive the |
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| medical treatment he requires for his mental disorder).” |
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