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Mental Health Bill [HL]


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

46

 

5     (1)  

Section 13 (the title to which becomes “Duty of approved mental health

professionals to make applications for admission or guardianship”) is

amended as follows.

      (2)  

For subsection (1) substitute—

“(1)   

If a local social services authority have reason to think that an

5

application for admission to hospital or a guardianship application

may need to be made in respect of a patient within their area, they

shall make arrangements for an approved mental health professional

to consider the patient’s case on their behalf.

(1A)   

If that professional is—

10

(a)   

satisfied that such an application ought to be made in respect

of the patient; and

(b)   

of the opinion, having regard to any wishes expressed by

relatives of the patient or any other relevant circumstances,

that it is necessary or proper for the application to be made by

15

him,

   

he shall make the application.

(1B)   

Subsection (1C) below applies where—

(a)   

a local social services authority makes arrangements under

subsection (1) above in respect of a patient;

20

(b)   

an application for admission for assessment is made under

subsection (1A) above in respect of the patient;

(c)   

while the patient is liable to be detained in pursuance of that

application, the authority have reason to think that an

application for admission for treatment may need to be made

25

in respect of the patient; and

(d)   

the patient is not within the area of the authority.

(1C)   

Where this subsection applies, subsection (1) above shall be

construed as requiring the authority to make arrangements under

that subsection in place of the authority mentioned there.”

30

      (3)  

In subsection (2), for “approved social worker” substitute “approved mental

health professional”.

      (4)  

For subsection (3) substitute—

“(3)   

An application under subsection (1A) above may be made outside

the area of the local social services authority on whose behalf the

35

approved mental health professional is considering the patient’s

case.”

      (5)  

In subsection (4)—

(a)   

for the words from “direct” to “above” substitute “make

arrangements under subsection (1) above for an approved mental

40

health professional to consider the patient’s case”, and

(b)   

for “that approved social worker” substitute “that professional”.

      (6)  

In subsection (5)—

(a)   

for “approved social worker”, in each place, substitute “approved

mental health professional”, and

45

 

 

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

47

 

(b)   

after “the power of” insert “a local social services authority to make

arrangements with an approved mental health professional to

consider a patient’s case or of”.

6          

In section 14 (social reports), for “a social worker” substitute “an approved

mental health professional”.

5

7          

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

“approved mental health professional”—

(a)   

section 18(1) (return of patients absent without leave),

(b)   

section 21B(3)(b) (consultation before furnishing report),

(c)   

section 29(2)(c) (application for appointment of acting nearest

10

relative),

(d)   

section 30(2) (application for variation of orders under section 29),

(e)   

section 40(1)(a) (power to convey patient),

(f)   

section 87(1) (power to take Northern Ireland patient into custody),

(g)   

section 88(3) (power to take England and Wales patient into

15

custody), in the first place it occurs, and

(h)   

section 89(1) (power to take Channel Islands or Isle of Man patient

into custody).

8          

For section 115 substitute—

“115    

Powers of entry and inspection

20

(1)   

An approved mental health professional may at all reasonable times

enter and inspect any premises (other than a hospital) in which a

mentally disordered patient is living, if he has reasonable cause to

believe that the patient is not under proper care.

(2)   

The power under subsection (1) above shall be exercisable only after

25

the professional has produced, if asked to do so, some duly

authenticated document showing that he is an approved mental

health professional.”

9          

In section 118(1)(a) (application of code of practice), for “approved social

workers” substitute “approved mental health professionals”.

30

10         

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

“approved mental health professional”—

(a)   

section 135(1) and (4) (warrant to search for and remove patient),

(b)   

section 136(2) (detention of person removed to a place of safety), and

(c)   

section 138(1)(a) (retaking of patients escaping from custody).

35

11    (1)  

Section 145 (interpretation) is amended as follows.

      (2)  

In subsection (1), for the definition of “approved social worker” substitute—

““approved mental health professional” has the meaning given

in section 114 above;”.

      (3)  

After subsection (1AB) (inserted by section 4 of this Act) insert—

40

“(1AC)   

References in this Act to an approved mental health professional

shall be construed as references to an approved mental health

professional acting on behalf of a local social services authority,

unless the context otherwise requires.”

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

48

 

Schedule 3

Section 25

 

Supervised community treatment: further amendments to 1983 Act

1          

The 1983 Act is amended as follows.

Application in respect of patient already in hospital

2          

In section 5 (application in respect of patient already in hospital), in

5

subsection (6) after “this Act”, in each place, insert “or a community patient”.

Return of patients absent without leave

3     (1)  

Section 18 (return and readmission of patients absent without leave) is

amended as follows.

      (2)  

After subsection (2) insert—

10

“(2A)   

Where a community patient is at any time absent from a hospital to

which he is recalled under section 17E above, he may, subject to the

provisions of this section, be taken into custody and returned to the

hospital by any approved mental health professional, by any officer

on the staff of the hospital, by any constable, or by any person

15

authorised in writing by the responsible clinician or the managers of

the hospital.”

      (3)  

In subsection (4)—

(a)   

in paragraph (b), after “guardianship” insert “or, in the case of a

community patient, the community treatment order is in force”, and

20

(b)   

omit the words from “and, in determining” to the end.

      (4)  

After subsection (4) insert—

“(4A)   

In determining for the purposes of subsection (4)(b) above or any

other provision of this Act whether a person who is or has been

absent without leave is at any time liable to be detained or subject to

25

guardianship, a report furnished under section 20 or 21B below

before the first day of his absence without leave shall not be taken to

have renewed the authority for his detention or guardianship unless

the period of renewal began before that day.

(4B)   

Similarly, in determining for those purposes whether a community

30

treatment order is at any time in force in respect of a person who is

or has been absent without leave, a report furnished under section

20A or 21B below before the first day of his absence without leave

shall not be taken to have extended the community treatment period

unless the extension began before that day.”

35

      (5)  

After subsection (6) insert—

“(7)   

In relation to a patient who has yet to comply with a requirement

imposed by virtue of this Act to be in a hospital or place, references

in this Act to his liability to be returned to the hospital or place shall

include his liability to be taken to that hospital or place; and related

40

expressions shall be construed accordingly.”

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

49

 

Assignment of responsibility for community patients

4          

After section 19 insert—

“19A    

Regulations as to assignment of responsibility for community patients

(1)   

Responsibility for a community patient may be assigned to another

hospital in such circumstances and subject to such conditions as may

5

be prescribed by regulations made by the Secretary of State (if the

responsible hospital is in England) or the Welsh Ministers (if that

hospital is in Wales).

(2)   

If responsibility for a community patient is assigned to another

hospital—

10

(a)   

the application for admission for treatment in respect of the

patient shall have effect (subject to section 17D above) as if it

had always specified that other hospital;

(b)   

the patient shall be treated as if he had been admitted to that

other hospital at the time when he was originally admitted in

15

pursuance of the application (and as if he had subsequently

been discharged under section 17A above from there); and

(c)   

that other hospital shall become “the responsible hospital” in

relation to the patient for the purposes of this Act.”

Renewal of authority to detain patients

20

5          

In section 20 (duration of authority)—

(a)   

in subsection (2), after “discharged” insert “under section 23 below”,

and

(b)   

in subsections (3) and (6), after “discharge the patient” insert “under

section 23 below”.

25

Special provisions as to patients absent without leave

6     (1)  

Section 21 (special provisions as to patients absent without leave) is

amended as follows.

      (2)  

In subsection (1)—

(a)   

in paragraph (a), after “Act” insert “or, in the case of a community

30

patient, the community treatment order would cease to be in force”,

and

(b)   

after “liable or subject” insert “, or the order shall not cease to be in

force,”.

      (3)  

After subsection (3) (inserted by section 30 of this Act) insert—

35

“(4)   

Where a community patient is absent without leave on the day on

which (apart from this section) the 72-hour period mentioned in

section 17F above would expire, that period shall not expire until the

end of the period of 72 hours beginning with the time when—

(a)   

the patient is taken into custody under section 18 above and

40

returned to the hospital where he ought to be; or

(b)   

the patient returns himself to the hospital where he ought to

be within the period during which he can be taken into

custody under section 18 above.

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

50

 

(5)   

Any reference in this section, or in sections 21A to 22 below, to the

time when a community treatment order would cease, or would

have ceased, to be in force shall be construed as a reference to the

time when it would cease, or would have ceased, to be in force by

reason only of the passage of time.”

5

7          

In section 21A (patients who are taken into custody or return within 28

days), after subsection (3) insert—

“(4)   

In the case of a community patient, where the period for which the

community treatment order is in force is extended by section 21

above, any examination and report to be made and furnished in

10

respect of the patient under section 20A(4) above may be made and

furnished within the period as so extended.

(5)   

Where the community treatment period is extended by virtue of

subsection (4) above after the day on which (apart from section 21

above) the order would have ceased to be in force, the extension shall

15

take effect as from that day.”

8     (1)  

Section 21B (patients who are taken into custody or return after more than

28 days) is amended as follows.

      (2)  

In subsection (2), after “ought to be” insert “(his “return day”)”.

      (3)  

In subsection (3), after “detained” insert “or is a community patient”.

20

      (4)  

For subsection (4) substitute—

“(4)   

Where—

(a)   

the patient would (apart from any renewal of the authority

for his detention or guardianship on or after his return day)

be liable to be detained or subject to guardianship after the

25

end of the period of one week beginning with that day; or

(b)   

in the case of a community patient, the community treatment

order would (apart from any extension of the community

treatment period on or after that day) be in force after the end

of that period,

30

   

he shall cease to be so liable or subject, or the community treatment

period shall be deemed to expire, at the end of that period unless a

report is duly furnished in respect of him under subsection (2)

above.”

      (5)  

After subsection (4) insert—

35

“(4A)   

If, in the case of a community patient, the community treatment

order is revoked under section 17F above during the period of one

week beginning with his return day—

(a)   

subsections (2) and (4) above shall not apply; and

(b)   

any report already furnished in respect of him under

40

subsection (2) above shall be of no effect.”

      (6)  

After subsection (6) insert—

“(6A)   

In the case of a community patient, where the community treatment

order would (apart from section 21 above) have ceased to be in force

on or before the day on which a report is duly furnished in respect of

45

him under subsection (2) above, the report shall extend the

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

51

 

community treatment period for the period prescribed in that case by

section 20A(3) above.

(6B)   

Where the community treatment period is extended by virtue of

subsection (6A) above—

(a)   

the extension shall take effect as from the day on which (apart

5

from section 21 above and that subsection) the order would

have ceased to be in force; and

(b)   

if (apart from this paragraph) the period as so extended

would expire on or before the day on which the report is

furnished, the report shall further extend that period, as from

10

the day on which it would expire, for the period prescribed in

that case by section 20A(3) above.”

      (7)  

After subsection (7) insert—

“(7A)   

In the case of a community patient, where the community treatment

order would (taking account of any extension under subsection (6A)

15

above) cease to be in force within the period of two months

beginning with the day on which a report is duly furnished in respect

of him under subsection (2) above, the report shall, if it so provides,

have effect also as a report duly furnished under section 20A(4)

above.”

20

      (8)  

In subsection (10)—

(a)   

for the definition of “the appropriate body” substitute—

““the appropriate body” means—

(a)   

in relation to a patient who is liable to be

detained in a hospital, the managers of the

25

hospital;

(b)   

in relation to a patient who is subject to

guardianship, the responsible local social

services authority;

(c)   

in relation to a community patient, the

30

managers of the responsible hospital; and”,

and

(b)   

for the definition of “the relevant conditions” substitute—

““the relevant conditions” means—

(a)   

in relation to a patient who is liable to be

35

detained in a hospital, the conditions set out in

subsection (4) of section 20 above;

(b)   

in relation to a patient who is subject to

guardianship, the conditions set out in

subsection (7) of that section;

40

(c)   

in relation to a community patient, the

conditions set out in section 20A(6) above.”

Patients sentenced to imprisonment etc

9          

For section 22 substitute—

“22     

Special provisions as to patients sentenced to imprisonment, etc

45

(1)   

If—

 

 

Mental Health Bill [HL]
Schedule 3 — Supervised community treatment: further amendments to 1983 Act

52

 

(a)   

a qualifying patient is detained in custody in pursuance of

any sentence or order passed or made by a court in the United

Kingdom (including an order committing or remanding him

in custody); and

(b)   

he is so detained for a period exceeding, or for successive

5

periods exceeding in the aggregate, six months,

   

the relevant application shall cease to have effect on expiry of that

period.

(2)   

A patient is a qualifying patient for the purposes of this section if—

(a)   

he is liable to be detained by virtue of an application for

10

admission for treatment;

(b)   

he is subject to guardianship by virtue of a guardianship

application; or

(c)   

he is a community patient.

(3)   

“The relevant application”, in relation to a qualifying patient,

15

means—

(a)   

in the case of a patient who is subject to guardianship, the

guardianship application in respect of him;

(b)   

in any other case, the application for admission for treatment

in respect of him.

20

(4)   

The remaining subsections of this section shall apply if a qualifying

patient is detained in custody as mentioned in subsection (1)(a)

above but for a period not exceeding, or for successive periods not

exceeding in the aggregate, six months.

(5)   

If apart from this subsection—

25

(a)   

the patient would have ceased to be liable to be detained or

subject to guardianship by virtue of the relevant application

on or before the day on which he is discharged from custody;

or

(b)   

in the case of a community patient, the community treatment

30

order would have ceased to be in force on or before that day,

   

he shall not cease and shall be deemed not to have ceased to be so

liable or subject, or the order shall not cease and shall be deemed not

to have ceased to be in force, until the end of that day.

(6)   

In any case (except as provided in subsection (8) below), sections 18,

35

21 and 21A above shall apply in relation to the patient as if he had

absented himself without leave on that day.

(7)   

In its application by virtue of subsection (6) above section 18 above

shall have effect as if—

(a)   

in subsection (4) for the words from “later of” to the end there

40

were substituted “end of the period of 28 days beginning

with the first day of his absence without leave”; and

(b)   

subsections (4A) and (4B) were omitted.

(8)   

In relation to a community patient who was not recalled to hospital

under section 17E above at the time when his detention in custody

45

began—

(a)   

section 18 above shall not apply; but

 

 

 
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