House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Mental Health Bill [HL]

Mental Health Bill [HL]
LORDS AMENDMENTS IN LIEU OF, CONSEQUENTIAL ON, OR TO certain
commons amendments
[The page and line references are to Bill 76, the bill as first printed for the Commons]
Clause 3
1
Page 2, leave out lines 22 to 30 and insert—

“(3)
Dependence on alcohol or drugs is not considered to be a disorder or

disability of the mind for the purposes of subsection (2) above.”
The Lords agree with the Commons in their Amendment 1, but do propose the following

consequential amendment to the bill—
1A
Page 5, line 8, at end insert—

“(aa)
respect for diversity generally including, in particular,

diversity of religion, culture and sexual orientation (within

the meaning of section 35 of the Equality Act 2006),”
Clause 6
4
Leave out Clause 6

The Lords agree with the Commons in their Amendment 4, but do propose the following

amendment in lieu of the words so left out of the Bill—
4A
Page 6, line 19, at end insert—

“( )
after subsection (5) insert—

“(5A)
But the responsible clinician may not furnish a report under

subsection (3) above unless a person—

(a)
who has been professionally concerned with the

patient’s medical treatment; but

(b)
who belongs to a profession other than that to which

the responsible clinician belongs,


states in writing that he agrees that the conditions set out in

subsection (4) above are satisfied.”””

Bill 139 54/2

(  2  )

Clause 32
COMMONS AMENDMENT 32
32
Page 20, line 40, leave out from beginning to end of line 17 on page 21 and insert—

“(b)
it is necessary for his health or safety or for the protection of

other persons that he should receive such treatment;

(c)
subject to his being liable to be recalled as mentioned in

paragraph (d) below, such treatment can be provided

without his continuing to be detained in a hospital;

(d)
it is necessary for his health or safety or for the protection of

other persons that he should be liable to be recalled to

hospital for medical treatment;”
The Lords agree with the Commons in their Amendment 32, but do propose Amendment

32A as an amendment thereto, and Amendment 32B as a consequential amendment to the

bill—
32A
Line 7, leave out paragraph (d) and insert—

“(d)
it is necessary that the responsible clinician should be able

to exercise the power under section 17E(1) below to recall

the patient to hospital;”
32B
Page 21, line 19, at end insert—

“( )
In determining whether the criterion in subsection (5)(d) above is

met, the responsible clinician shall, in particular, consider, having

regard to the patient’s history of mental disorder and any other

relevant factors, what risk there would be of a deterioration of the

patient’s condition if he were not detained in a hospital (as a result,

for example, of his refusing or neglecting to receive the medical

treatment he requires for his mental disorder).”

COMMONS AMENDMENT 41

41
Page 25, leave out lines 24 to 43 and insert—

“(b)
it is necessary for his health or safety or for the protection of

other persons that he should receive such treatment;

(c)
subject to his continuing to be liable to be recalled as

mentioned in paragraph (d) below, such treatment can be

provided without his being detained in a hospital;

(d)
it is necessary for his health or safety or for the protection of

other persons that he should continue to be liable to be

recalled to hospital for medical treatment;”
The Lords agree with the Commons in their Amendment 41, but do propose Amendment

41A as an amendment thereto, and Amendments 41B to 41D as consequential amendments

to the bill—
41A
Line 7, leave out paragraph (d) and insert—

“(d)
it is necessary that the responsible clinician should continue

to be able to exercise the power under section 17E(1) above

to recall the patient to hospital;”
41B
Page 25, line 45, at end insert—

(  3  )

“( )
In determining whether the criterion in subsection (7)(d) above is

met, the responsible clinician shall, in particular, consider, having

regard to the patient’s history of mental disorder and any other

relevant factors, what risk there would be of a deterioration of the

patient’s condition if he were to continue not to be detained in a

hospital (as a result, for example, of his refusing or neglecting to

receive the medical treatment he requires for his mental disorder).”
41C
Page 63, line 17, leave out sub-paragraph (iii) and insert—

“(iii)
that it is necessary that the responsible clinician

should be able to exercise the power under section

17E(1) above to recall the patient to hospital;”
41D
Page 63, line 27, at end insert—

“( )
After subsection (1) insert—

“(1A)
In determining whether the criterion in subsection (1)(c)(iii) above

is met, the tribunal shall, in particular, consider, having regard to

the patient’s history of mental disorder and any other relevant

factors, what risk there would be of a deterioration of the patient’s

condition if he were to continue not to be detained in a hospital (as

a result, for example, of his refusing or neglecting to receive the

medical treatment he requires for his mental disorder).”

(  4  )