House of Commons portcullis
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 13954/2

 
 

 

(  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  )


 
contents
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2007
Revised 3 July 2007