|
| |
|
37 | Transfers to and from special hospitals |
| |
(1) | Omit section 123 of the Mental Health Act 1983 (transfers to and from special |
| |
| |
(2) | In section 68A of that Act (power to reduce periods after which cases must be |
| |
referred to tribunal), in subsection (4)— |
| 5 |
(a) | after paragraph (c), insert “or”, |
| |
(b) | omit the “or” following paragraph (d), and |
| |
| |
(3) | In section 138 of that Act (retaking of patients escaping from custody), in |
| |
subsection (4)(a), omit “or under section 123 above”. |
| 10 |
(4) | In consequence of the repeal made by subsection (1), omit paragraph 67 of |
| |
Schedule 4 to the Health Act 1999. |
| |
(5) | This section does not affect— |
| |
(a) | the authority for the detention of a person who is liable to be detained |
| |
under the Mental Health Act 1983 before the commencement of this |
| 15 |
| |
(b) | that Act in relation to any application, order or direction for admission |
| |
or removal to a hospital made under that Act before that |
| |
| |
(c) | the authority for the retaking of a person who, before that |
| 20 |
commencement, escapes while being taken to or from a hospital as |
| |
mentioned in section 138(4)(a) of that Act. |
| |
38 | Independent mental health advocates |
| |
(1) | In section 130A of the Mental Health Act 1983 (independent mental health |
| |
advocates: England), in subsection (1)— |
| 25 |
(a) | for “The Secretary of State” substitute “A local social services authority |
| |
whose area is in England”, and |
| |
(b) | at the end insert “for whom the authority is responsible for the |
| |
purposes of this section”. |
| |
(2) | In subsection (4) of that section, for “the Secretary of State” substitute “a local |
| 30 |
social services authority”. |
| |
(3) | In section 130C of that Act (provision supplementary to section 130A), after |
| |
| |
“(4A) | A local social services authority is responsible for a qualifying patient |
| |
| 35 |
(a) | in the case of a qualifying patient falling within subsection (2)(a) |
| |
above, the hospital or registered establishment in which he is |
| |
liable to be detained is situated in that authority’s area; |
| |
(b) | in the case of a qualifying patient falling within subsection (2)(b) |
| |
above, that authority is the responsible local social services |
| 40 |
authority within the meaning of section 34(3) above; |
| |
(c) | in the case of a qualifying patient falling within subsection |
| |
(2)(c), the responsible hospital is situated in that authority’s |
| |
| |
(d) | in the case of a qualifying patient falling within subsection (3)— |
| 45 |
|
| |
|
| |
|
(i) | in a case where the patient has capacity or is competent |
| |
to do so, he nominates that authority as responsible for |
| |
him for the purposes of section 130A above, or |
| |
(ii) | in any other case, a donee or deputy or the Court of |
| |
Protection, or a person engaged in caring for the patient |
| 5 |
or interested in his welfare, nominates that authority on |
| |
his behalf as responsible for him for the purposes of that |
| |
| |
(4B) | In subsection (4A)(d) above— |
| |
(a) | the reference to a patient who has capacity is to be read in |
| 10 |
accordance with the Mental Capacity Act 2005; |
| |
(b) | the reference to a donee is to a donee of a lasting power of |
| |
attorney (within the meaning of section 9 of that Act) created by |
| |
the patient, where the donee is acting within the scope of his |
| |
authority and in accordance with that Act; |
| 15 |
(c) | the reference to a deputy is to a deputy appointed for the patient |
| |
by the Court of Protection under section 16 of that Act, where |
| |
the deputy is acting within the scope of his authority and in |
| |
accordance with that Act.” |
| |
(4) | In Schedule 1 to the Local Authority Social Services Act 1970 (social services |
| 20 |
functions), in the entry for the Mental Health Act 1983, at the appropriate place |
| |
| |
| | Making arrangements to enable |
| | | | | independent mental health |
| | | | | advocates to be available to help |
| | 25 | | | | | |
|
39 | Patients’ correspondence |
| |
(1) | In section 134 of the Mental Health Act 1983 (patients’ correspondence), in |
| |
| |
(a) | before “the approved clinician” insert “or”, and |
| 30 |
(b) | omit “or the Secretary of State”. |
| |
(2) | Subsection (1) of this section does not affect the validity of any requests made |
| |
to the Secretary of State under section 134(1) of that Act and having effect |
| |
immediately before the commencement of this section. |
| |
40 | Notification of hospitals having arrangements for special cases |
| 35 |
(1) | In section 140 of the Mental Health Act 1983 (notification of hospitals having |
| |
arrangements for special cases)— |
| |
(a) | after “the duty of” insert “every commissioning consortium and of”, |
| |
(b) | omit “every Primary Care Trust and of”, |
| |
(c) | after “the area of the” insert “commissioning consortium or”, |
| 40 |
(d) | omit “Primary Care Trust or” in the first place it appears, |
| |
(e) | after “available to the” insert “commissioning consortium or”, and |
| |
(f) | omit “Primary Care Trust or” in the second place it appears. |
| |
|
| |
|
| |
|
(2) | In consequence of the repeals made by this section, in the National Health |
| |
Service Reform and Health Care Professions Act 2002, in Schedule 2, omit |
| |
| |
| |
41 | Role of the Board and consortia in respect of emergencies |
| 5 |
For the cross-heading preceding section 253 of the National Health Service Act |
| |
2006 substitute “Emergencies: role of the Secretary of State, the Board and |
| |
consortia” and after the cross-heading insert— |
| |
“252A | Role of the Board and consortia in respect of emergencies |
| |
(1) | The Board and each commissioning consortium must take appropriate |
| 10 |
steps for securing that it is properly prepared for dealing with a |
| |
| |
(2) | The Board must take such steps as it considers appropriate for securing |
| |
that each commissioning consortium is properly prepared for dealing |
| |
with a relevant emergency. |
| 15 |
(3) | The steps taken by the Board under subsection (2) must include |
| |
monitoring compliance by each commissioning consortium with its |
| |
duty under subsection (1). |
| |
(4) | The Board must take such steps as it considers appropriate for securing |
| |
that each relevant service provider is properly prepared for dealing |
| 20 |
with a relevant emergency. |
| |
(5) | The steps taken by the Board under subsection (4) must include |
| |
monitoring compliance by the service provider with any requirements |
| |
imposed on it by its service arrangements for the purpose of securing |
| |
that it is properly prepared for dealing with a relevant emergency. |
| 25 |
(6) | The Board may take such steps as it considers appropriate for |
| |
facilitating a co-ordinated response to an emergency by the |
| |
commissioning consortia and relevant service providers for which it is |
| |
| |
(7) | The Board may arrange for any body or person to exercise any |
| 30 |
functions of the Board under subsections (2) to (6). |
| |
(8) | A relevant service provider must appoint an individual to be |
| |
| |
(a) | securing that the provider is properly prepared for dealing with |
| |
| 35 |
(b) | securing that the provider complies with any requirements |
| |
mentioned in subsection (5), and |
| |
(c) | providing the Board with such information as it may require for |
| |
the purpose of discharging its functions under this section. |
| |
| 40 |
“relevant emergency”, in relation to the Board or a commissioning |
| |
consortium, means any emergency which might affect the |
| |
Board or the consortium (whether by increasing the need for the |
| |
services that it may arrange or in any other way); |
| |
|
| |
|
| |
|
“relevant emergency”, in relation to a relevant service provider, |
| |
means any emergency which might affect the provider |
| |
(whether by increasing the need for the services that it may |
| |
provide or in any other way); |
| |
“relevant service provider” means any body or person providing |
| 5 |
services in pursuance of service arrangements; |
| |
“service arrangements”, in relation to a relevant service provider, |
| |
means arrangements made by the Board or a commissioning |
| |
consortium under section 3, 3A, 3B or 4 or Schedule 1.” |
| |
| 10 |
42 | Secretary of State’s emergency powers |
| |
(1) | Section 253 of the National Health Service Act 2006 (emergency powers) is |
| |
| |
(2) | In subsection (1) for the words from “it is necessary” to the end of the |
| |
subsection substitute “it is appropriate to do so”. |
| 15 |
(3) | After subsection (1) insert— |
| |
“(1A) | A direction under this section may be given to— |
| |
(a) | an NHS body other than a Local Health Board; |
| |
(b) | the National Institute for Health and Care Excellence; |
| |
(c) | the Health and Social Care Information Centre; |
| 20 |
(d) | any body or person providing services in pursuance of |
| |
arrangements made in the exercise of the functions of the Board |
| |
or commissioning consortia under section 3, 3A, 3B or 4 or |
| |
Schedule 1, other than an NHS body.” |
| |
(4) | For subsection (2) substitute— |
| 25 |
“(2) | In relation to a body within subsection (1A)(a) to (c), the powers |
| |
conferred by this section may be exercised— |
| |
(a) | to give directions to the body about the exercise of any of its |
| |
| |
(b) | to direct the body to cease to exercise any of its functions for a |
| 30 |
| |
(c) | to direct the body to exercise any of its functions concurrently |
| |
with another body or person for a specified period; |
| |
(d) | to direct the body to exercise any function conferred on another |
| |
body or person under or by virtue of this Act for a specified |
| 35 |
period (whether to the exclusion of, or concurrently with, that |
| |
| |
(2A) | In relation to a body or person within subsection (1A)(d), the powers |
| |
conferred by this section may be exercised— |
| |
(a) | to give directions to the body or person about the provision of |
| 40 |
any services that it provides in pursuance of arrangements |
| |
mentioned in subsection (1A)(d); |
| |
(b) | to direct the body or person to cease to provide any of those |
| |
services for a specified period; |
| |
(c) | to direct the body or person to provide other services for the |
| 45 |
purposes of the health service for a specified period.” |
| |
|
| |
|
| |
|
(5) | After subsection (2A) insert— |
| |
“(2B) | The Secretary of State may direct the Board to exercise the functions of |
| |
the Secretary of State under this section. |
| |
(2C) | The Secretary of State may give directions to the Board about its |
| |
exercise of any functions that are the subject of a direction under |
| 5 |
| |
(2D) | In this section, “specified” means specified in the direction.” |
| |
(6) | Omit subsection (4) (exclusion of NHS foundation trusts from application of |
| |
| |
(7) | In section 273 of that Act (further provision about orders and directions under |
| 10 |
the Act), in subsection (4)(c)(ii), for “or 120” substitute “, 120 or 253”. |
| |
| |
43 | New Special Health Authorities |
| |
(1) | After section 28 of the National Health Service Act 2006 (special health |
| |
| 15 |
“28A | Special Health Authorities: further provision |
| |
(1) | This section applies in relation to an order under section 28 which is |
| |
made after the coming into force of section 43 of the Health and Social |
| |
| |
(2) | The order must include— |
| 20 |
(a) | provision for the abolition of the Special Health Authority on a |
| |
day specified in the order, and |
| |
(b) | provision as to the transfer of officers, property and liabilities of |
| |
the Authority on its abolition. |
| |
(3) | The day specified in accordance with subsection (2)(a) must be within |
| 25 |
the period of 3 years beginning with the day on which the Special |
| |
Health Authority is established. |
| |
(4) | The power (by virtue of section 273(1)) to vary an order under section |
| |
28 includes power to vary the provision mentioned in subsection (2) |
| |
| 30 |
(a) | providing for the abolition of the Special Health Authority on a |
| |
day which is earlier or later than the day for the time being |
| |
| |
(b) | making different provision as to the matters mentioned in |
| |
| 35 |
(5) | If an order is varied to provide for the abolition of the Special Health |
| |
Authority on a later day, that day must be within the period of 3 years |
| |
beginning with the day on which the Special Health Authority would |
| |
(but for the variation) have been abolished.” |
| |
(2) | In section 272 of that Act (orders, regulations, rules and directions), in |
| 40 |
subsection (6), after paragraph (zb) insert— |
| |
“(zc) | an order under section 28 which varies such an order as |
| |
mentioned in section 28A(5),”. |
| |
|
| |
|