House of Lords portcullis
House of Lords
Session 2006 - 07
Internet Publications
Other Bills before Parliament

Mental Health Bill [HL]


Mental Health Bill [HL]
Part 3 — General

39

 

(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

5

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.

10

(3)   

The order may require the registered medical practitioner, having complied

with provision made by virtue of subsection (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

15

(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;

20

(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

25

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

30

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

35

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

40

to a patient who is subject to after-care under supervision immediately before

the commencement of section 29.

(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),

45

subject to after-care under supervision after the commencement of

section 29;

 
 

Mental Health Bill [HL]
Part 3 — General

40

 

(b)   

modify any of sections 17A to 17G, 20A and 20B of that Act (inserted by

section 25 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 29 includes the amendments and repeals

5

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.

46      

Extent

(1)   

The provisions of this Act which amend other enactments have the same extent

10

as the enactments which they amend.

(2)   

But subsection (1) is subject to—

(a)   

paragraph 35 of Schedule 3 (and paragraph 28 of that Schedule so far as

it is affected by paragraph 35),

(b)   

paragraphs 3 and 4 of Schedule 5, and

15

(c)   

paragraph 12 of Schedule 8.

(3)   

Section 42 extends to the United Kingdom.

47      

Short title

This Act may be cited as the Mental Health Act 2007.

 
 

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 1 — Amendments to 1983 Act

41

 

Schedules

Schedule 1

Section 1

 

Categories of mental disorder: further amendments etc

Part 1

Amendments to 1983 Act

5

1          

The 1983 Act is amended as follows.

2          

In section 3(2) (grounds for application for admission for treatment), in

paragraph (a), for “mental illness, severe mental impairment, psychopathic

disorder or mental impairment and his mental disorder is” substitute

“mental disorder”.

10

3          

In section 7(2) (grounds for guardianship application), in paragraph (a),

omit the words “, being mental illness, severe mental impairment,

psychopathic disorder or mental impairment and his mental disorder is”.

4          

In section 20 (renewal of detention or guardianship)—

(a)   

in subsection (4)(a), for “mental illness, severe mental impairment,

15

psychopathic disorder or mental impairment, and his mental

disorder is” substitute “mental disorder”, and

(b)   

in subsection (7)(a), for “mental illness, severe mental impairment,

psychopathic disorder or mental impairment and his mental

disorder is” substitute “mental disorder”.

20

5          

In section 35(3) (conditions for exercise of power to remand accused to

hospital for report), in paragraph (a), for “mental illness, psychopathic

disorder, severe mental impairment or mental impairment” substitute

“mental disorder”.

6          

In section 36(1) (conditions for exercise of power to remand accused to

25

hospital for medical treatment), for the words from “he is suffering” to the

end substitute—

“(a)   

he is suffering from mental disorder of a nature or degree

which makes it appropriate for him to be detained in a

hospital for medical treatment;”.

30

7          

In section 37 (power to order hospital admission or guardianship)—

(a)   

in subsection (2)(a), for “mental illness, psychopathic disorder,

severe mental impairment or mental impairment” substitute “mental

disorder”, and

(b)   

in subsection (3), omit the words “as being a person suffering from

35

mental illness or severe mental impairment”.

 

 

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 1 — Amendments to 1983 Act

42

 

8          

In section 38(1) (conditions for exercise of power to make interim hospital

order), in paragraph (a), for “mental illness, psychopathic disorder, severe

mental impairment or mental impairment” substitute “mental disorder”.

9          

In section 45A(2) (conditions for exercise of power to make hospital order),

in paragraph (a), for “psychopathic disorder” substitute “mental disorder”.

5

10         

In section 47(1) (power to make transfer direction), in paragraph (a), for

“mental illness, psychopathic disorder, severe mental impairment or mental

impairment” substitute “mental disorder”.

11         

In section 48 (further power to make transfer direction)—

(a)   

in subsection (1), for the words from “that person is suffering” to

10

“such treatment,” substitute—

“(a)   

that person is suffering from mental disorder of a

nature or degree which makes it appropriate for him

to be detained in a hospital for medical treatment; and

(b)   

he is in urgent need of such treatment;”, and

15

(b)   

in subsection (3), for “to (4)” substitute “and (3)”.

12         

In section 51(6) (further power to make hospital order), in paragraph (a), for

the words from “the detainee” to the end substitute—

“(i)   

the detainee is suffering from mental disorder of a

nature or degree which makes it appropriate for the

20

patient to be detained in a hospital for medical

treatment;”.

13         

In section 66(2) (time limits for applications to tribunals), in paragraph (d),

for “in the cases mentioned in paragraphs (d), (fb), (g)” substitute “in the case

mentioned in paragraph (g)”.

25

14         

In section 72 (powers of tribunals)—

(a)   

in subsection (1)(b)(i), for “mental illness, psychopathic disorder,

severe mental impairment or mental impairment or from any of

those forms of disorder” substitute “mental disorder or from mental

disorder”,

30

(b)   

in subsection (4)(a), for “mental illness, psychopathic disorder,

severe mental impairment or mental impairment” substitute “mental

disorder”, and

(c)   

in subsection (6), for “(5)” substitute “(4)”.

15    (1)  

Section 86 (application of power to remove alien patients) is amended as

35

follows.

      (2)  

In subsection (1), for “mental illness” substitute “mental disorder”.

      (3)  

After subsection (3) insert—

“(4)   

In relation to a patient receiving treatment in a hospital within the

meaning of the Mental Health (Northern Ireland) Order 1986, the

40

reference in subsection (1) above to mental disorder shall be

construed in accordance with that Order.”

16    (1)  

Section 141 (Members of Parliament etc) is amended as follows.

      (2)  

In subsection (1)—

(a)   

after “House of Commons is authorised to be detained” insert “under

45

a relevant enactment”, and

 

 

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 2 — Amendments to other Acts

43

 

(b)   

for “mental illness” substitute “mental disorder”.

      (3)  

In subsection (4)—

(a)   

for “mental illness” substitute “mental disorder”, and

(b)   

after “detained” insert “under a relevant enactment”.

      (4)  

In subsections (5) and (6), for “mental illness” substitute “mental disorder”.

5

      (5)  

After subsection (6) insert—

“(6A)   

For the purposes of this section, the following are relevant

enactments—

(a)   

this Act;

(b)   

the Criminal Procedure (Scotland) Act 1995 and the Mental

10

Health (Care and Treatment) Scotland Act 2003 (“the Scottish

enactments”); and

(c)   

the Mental Health (Northern Ireland) Order 1986 (“the 1986

Order”).

(6B)   

In relation to an authorisation for detention under the Scottish

15

enactments or the 1986 Order, the references in this section to mental

disorder shall be construed in accordance with those enactments or

that Order (as the case may be).”

17         

In section 145(1) (interpretation), for the definitions of “mental disorder”,

“severe mental impairment”, “mental impairment” and “psychopathic

20

disorder” substitute—

““mental disorder” has the meaning given in section 1 above

(subject to sections 86(4) and 141(6B));”.

Part 2

Amendments to other Acts

25

Juries Act 1974

18    (1)  

Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (mentally disordered

persons) is amended as follows.

      (2)  

In paragraph 1, for “mental illness, psychopathic disorder, mental handicap

or severe mental handicap” substitute “mental disorder within the meaning

30

of the Mental Health Act 1983”.

      (3)  

Omit paragraph 4(1).

Contempt of Court Act 1981

19         

In section 14 of the Contempt of Court Act 1981 (c. 49) (proceedings in

England and Wales), in subsection (4) and the first subsection (4A), for

35

“mental illness or severe mental impairment” substitute “mental disorder

within the meaning of that Act”.

Family Law Act 1996

20    (1)  

The Family Law Act 1996 (c. 27) is amended as follows.

 

 

Mental Health Bill [HL]
Schedule 1 — Categories of mental disorder: further amendments etc
Part 2 — Amendments to other Acts

44

 

      (2)  

In section 48 (remand for medical examination and report), in subsection

(4)—

(a)   

for “mental illness or severe mental impairment” substitute “mental

disorder within the meaning of the Mental Health Act 1983”,

(b)   

for “the Mental Health Act 1983” substitute “that Act”, and

5

(c)   

for “section 35 of the Act of 1983” substitute “that section”.

      (3)  

In section 51 (power of magistrates’ court to order hospital admission or

guardianship), in subsection (1), for “mental illness or severe mental

impairment” substitute “mental disorder within the meaning of that Act”.

Housing Act 1996

10

21         

In section 156 of the Housing Act 1996 (c. 52) (remand for medical

examination and report), in subsection (4)—

(a)   

for “mental illness or severe mental impairment” substitute “mental

disorder within the meaning of the Mental Health Act 1983”,

(b)   

for “the Mental Health Act 1983” substitute “that Act”, and

15

(c)   

for “section 35 of that Act” substitute “that section”.

Care Standards Act 2000

22         

In section 121 of the Care Standards Act 2000 (c. 14) (general interpretation),

in subsection (1), for the definition of “mental disorder” substitute—

““mental disorder” has the same meaning as in the Mental

20

Health Act 1983;”.

Mental Capacity Act 2005

23    (1)  

In Schedule 4 to the Mental Capacity Act 2005 (c. 9) (provisions applying to

existing enduring powers of attorney), paragraph 23 is amended as follows.

      (2)  

In sub-paragraph (1), omit the words “(within the meaning of the Mental

25

Health Act)”.

      (3)  

After sub-paragraph (1) insert—

   “(1A)  

In sub-paragraph (1), “mental disorder” has the same meaning as

in the Mental Health Act but disregarding the amendments made

to that Act by the Mental Health Act 2007.”

30

National Health Service Act 2006

24         

In section 275 of the National Health Service Act 2006 (c. 41) (interpretation),

in the definition of “illness” in subsection (1), for “mental disorder within the

meaning of the Mental Health Act 1983” substitute “any disorder or

disability of the mind”.

35

National Health Service (Wales) Act 2006

25         

In section 206 of the National Health Service (Wales) Act 2006 (c. 42)

(interpretation), in the definition of “illness” in subsection (1), for “mental

disorder within the meaning of the Mental Health Act 1983” substitute “any

disorder or disability of the mind”.

40

 

 

Mental Health Bill [HL]
Schedule 2 — Approved mental health professionals: further amendments to 1983 Act

45

 

Police and Justice Act 2006

26         

In section 27 of the Police and Justice Act 2006 (c. 48) (anti-social behaviour

injunctions: power of arrest and remand), in subsection (11)—

(a)   

for “mental illness or severe mental impairment” substitute “mental

disorder within the meaning of the Mental Health Act 1983”, and

5

(b)   

for “the Mental Health Act 1983 (c.20)” substitute “that Act”.

Schedule 2

Section 20

 

Approved mental health professionals: further amendments to 1983 Act

1          

The 1983 Act is amended as follows.

2          

In the following provisions, for “approved social worker” substitute

10

“approved mental health professional”—

(a)   

section 4(2) (admission for assessment in cases of emergency), and

(b)   

section 8(1)(c) (effect of guardianship application).

3     (1)  

Section 10 (transfer of guardianship) is amended as follows.

      (2)  

In subsection (3), for “approved social worker” substitute “approved mental

15

health professional acting on behalf of the local social services authority”.

      (3)  

After subsection (4) insert—

“(5)   

In this section “the local social services authority”, in relation to a

person (other than a local social services authority) who is the

guardian of a patient, means the local social services authority for the

20

area in which that person resides (or resided immediately before his

death).”

4     (1)  

Section 11 (general provisions as to applications) is amended as follows.

      (2)  

In subsection (1), for “approved social worker” substitute “approved mental

health professional”.

25

      (3)  

In subsection (3), for “approved social worker, that social worker” substitute

“approved mental health professional, that professional”.

      (4)  

For subsection (4) substitute—

“(4)   

An approved mental health professional may not make an

application for admission for treatment or a guardianship

30

application in respect of a patient in either of the following cases—

(a)   

the nearest relative of the patient has notified that

professional, or the local social services authority on whose

behalf the professional is acting, that he objects to the

application being made; or

35

(b)   

that professional has not consulted the person (if any)

appearing to be the nearest relative of the patient, but the

requirement to consult that person does not apply if it

appears to the professional that in the circumstances such

consultation is not reasonably practicable or would involve

40

unreasonable delay.”

 

 

 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 2006
Revised 17 November 2006