Schedule
8
Amendments
relating to new section 4A of, & Schedule A1 to, Mental Capacity
Act
2005
Amendment
made: No. 53, in schedule 8, page 132, line 31, after
‘paragraph’, insert
‘42(2)(b),’.—
[Ms
Winterton.]
Schedule
8, as amended, agreed
to.
Clauses 48
to 50 ordered to stand part of the
Bill.
Schedule
9 agreed
to.
Clauses 51
and 52 ordered to stand part of the
Bill.
Schedule
10
Repeals
and
revocations
Amendments
made: No. 34, in schedule 10, page 138, line 29, column 2, at end
insert—
No.
35, in
schedule 10, page 138, line 31, column
2, at end
insert—
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‘In
section 32(2)(c), the words “or to after-care under
supervision”.
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In
section
34—
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(a)
in subsection (1), the definitions of “the community responsible
medical officer” and “the supervisor”,
and
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(b)
subsection
(1A).
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In
section
66(1)—
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(a)
paragraphs (ga), (gb) and (gc) (and the word “or” at the
end of each of those paragraphs),
and
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(b)
in sub-paragraph (i), the words from “or, in the cases”
to the
end.
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In
section
66(2)—
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(a)
in paragraph (d), the words “and (gb)”,
and
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(b)
paragraph
(fa).
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In
section 67(1), the words “or to after-care under
supervision”.’.
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No.
36, in
schedule 10, page 138, line 32, column
2, at end
insert—
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‘Section
72(4A).
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In
section 76(1), the words from “or to after-care” to
“leaves
hospital)”.
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Section
117(2A).
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Section
127(2A).
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In
section
145—
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(a)
in subsection (1), the definitions of “the responsible
after-care bodies” and “supervision application”,
and
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(b)
subsection
(1A).’.
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No.
37, in
schedule 10, page 138, line 34, column
2, at end
insert—
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‘In
Part 1 of Schedule
1—
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(a)
in paragraph 2, the words “, 25A, 25B”,
and
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(b)
paragraph
8A.’.
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No. 38, in
schedule 10, page 138, line 34, at
end
insert—
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‘Mental
Health (Patients in the Community)Act 1995
(c. 52)
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Section
1(1). In Schedule
1—
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(a)
in paragraph 2, paragraph (c) (and the word “and”
immediately preceding
it),
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(b)
in paragraph 11, paragraph (a) (and the word “and” at the
end of that paragraph),
and
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(c)
paragraphs 3, 4, 6, 7, 8(2), 10(1) to (3), 12, 13, 18 and
20.’.
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No.
39, in
schedule 10, page 138, line 36, at
end
insert—
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‘National
Health Service Reform and Health Care Professions Act 2002
(c. 17)
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In
Schedule 2, paragraphs 43to
45.
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Civil
PartnershipAct 2004
(c. 33)
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In
Schedule 27, in paragraph 86, paragraph (b) (and the word
“and” immediately preceding
it).’.—[Ms
Winterton.]
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Schedule
10, as amended, agreed
to.
Clause
53
Commencement
Amendments
made: No. 31, in clause 53, page 45, line 38, leave out
‘54 and’ and insert
‘[Commencement of section [Repeal
of provisions for after-care under supervision]]
to’.
No. 32, in
clause 53, page 46, line 10, after
‘(4)(b)’, insert
‘(including provision within
section [Commencement of section [Repeal of provisions for after-care
under supervision]])’.—[Ms
Winterton.]
Clause
53, as amended, ordered to stand part of the
Bill.
Clause 54
ordered to stand part of the
Bill.
Clause
55
Short
title
Amendment
made: No. 33, in clause 55, page 46, line 22, leave out
subsection (2).—[Ms
Winterton.]
Question
proposed, That the clause, as amended, stand part of the
Bill.
Tim
Loughton:
I usually try to put something into the last
clause of a Bill. The Government have just taken out something without
explaining why, but we shall pass that by. There is already a Mental
Health Act 1983 and a Mental Health Act 1959, and my
experience of dealing with legislation on children during the past few
years is that a lot of Acts either have the title “Children
Act” or have the word “children” somewhere in the
title. I wonder why the Bill cannot be called the Mental Health
(Amendment) Bill, given that it is a Bill to amend the 1983 Act rather
than a Bill in its own right. That would at least distinguish it when
people are referring to different parts of the mental health
legislation.
Ms
Winterton:
In my experience to date, titles of Bills are
subject to endless discussion—unsurprisingly. There was much
discussion, for example, on whether the Mental Capacity Bill should
instead have been called the Mental Incapacity Bill. We have to rely on
the outstanding advice that we receive, and on this occasion we were
advised that the right title would be “Mental Health
Bill”.
Question put and agreed
to.
Clause 55,
as amended, ordered to stand part of the
Bill.
New
Clause
12
Repeal
of provisions for after-care under
supervision
‘(1) The 1983 Act
is amended as follows.
(2)
Sections 25A to 25J (after-care under supervision) are
omitted.
(3) In section 66
(applications to tribunals), insubsection (2)(c), for
“cases mentioned in paragraphs (c) and (ga)” substitute
“case mentioned in paragraph
(c)”.
(4) In Part 1 of
Schedule 1 (application of certain provisions to patients subject to
hospital and guardianship orders: patients not subject to special
restrictions), in paragraph 1, for “25C” substitute
“26”.’.—[Ms
Winterton.]
Brought
up, read the First and Second time, and added to the
Bill.
New
Clause
13
Commencement
of section [Repeal of provisions for after-care under
supervision]
‘(1) An order
under section 53 providing for the commencement of section [Repeal of
provisions for after-care under supervision] may, in particular,
provide—
(a) for that
section not to apply to or affect a patient who is subject to
after-care under supervision immediately before that commencement,
and
(b) for the patient to
cease to be subject to after-care under supervision, and for his case
to be dealt with, in accordance with provision made by the
order.
(2) The order may
require—
(a) a Primary
Care Trust or Local Health Board to secure that the patient is examined
by a registered medical practitioner of a description specified in the
order;
(b) the registered
medical practitioner to examine the patient with a view to making a
decision about his case by reference to criteria specified in the
order.
(3) The order may
require the registered medical practitioner, having complied with
provision made by virtue ofsubsection
(2)(b)—
(a) to discharge
the patient,
(b) to recommend
that he be detained in
hospital,
(c) to recommend that
he be received into guardianship,
or
(d) to make a community
treatment order in respect of
him.
(4) The order may, in
respect of a recommendation made by virtue of subsection (3)(b) or
(c)—
(a) provide that
the recommendation is to be made to a local social services authority
determined in accordance with the
order;
(b) provide that the
recommendation is to be made in accordance with any other requirements
specified in the order;
(c) require the local social services authority
determined in accordance with paragraph (a), in response to the
recommendation, to make arrangements for an approved mental health
professional to consider the patient’s case on their
behalf.
(5) The order may
provide that a registered medical practitioner shall not make a
community treatment order in respect of a patient unless an approved
mental health professional states in
writing—
(a) that he
agrees with the decision made by the practitioner about the
patient’s case, and
(b)
that it is appropriate to make the
order.
(6) An order requiring a
registered medical practitioner to make a community treatment order in
respect of a patient shall include provision
about—
(a) the effect of
the community treatment order (in particular, replacing after-care
under supervision with a contingent requirement to attend, and be
detained at, a hospital),
and
(b) the effect of its
revocation (including, in particular, provision for detention under
section 3 of the 1983 Act).
(7)
The order may modify a provision of the 1983 Act in its application in
relation to a patient who is subject to after-care under supervision
immediately before the commencement of section [Repeal of provisions
for after-care under
supervision].
(8) Provision
made by virtue of subsection (7) may, in
particular—
(a) modify
any of sections 25A to 25J of the 1983 Act in their application in
relation to a patient for so long as he is, by virtue of subsection
(1)(a), subject to after-care under supervision after the commencement
of section [Repeal of provisions for after-care under
supervision];
(b) modify any of
sections 17A to 17G, 20A and 20B of that Act (inserted by section 32 of
this Act) in their application in relation to a patient in respect of
whom a community treatment order is made by virtue of subsection
(3)(d).
(9) A reference in this
section to section [Repeal of provisions for after-care under
supervision] includes the amendments and repeals in Schedules 3 and 10
consequential on that
section.
(10) An expression
used in this section and in the 1983 Act has the same meaning in this
section as it has in that Act.’.—[Ms
Winterton.]
Brought
up, read the First and Second time, and added to the
Bill.
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