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Mental Health Bill [HL]


Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles

8

 

(a)   

in paragraph (b), for ““the responsible medical officer” and after the

words “that officer”” substitute ““the responsible clinician” and after

the words “that clinician””, and

(b)   

in paragraph (c), for ““by the responsible medical officer”” substitute

““by the responsible clinician””.

5

11      

Amendments to Part 4 of 1983 Act

(1)   

Part 4 of the 1983 Act (consent to treatment) is amended as follows.

(2)   

In section 57 (requirements as to certification for treatment requiring consent

and a second opinion)—

(a)   

in subsection (2)(a), for “responsible medical officer” substitute

10

“approved clinician in charge of the treatment in question”, and

(b)   

in subsection (3), at the end insert “nor the responsible clinician”.

(3)   

In section 58 (requirements as to certification for treatment requiring consent

or a second opinion)—

(a)   

in subsection (3)—

15

(i)   

in paragraph (a), for “responsible medical officer” substitute

“approved clinician in charge of it”, and

(ii)   

in paragraph (b), for “responsible medical officer” substitute

“approved clinician in charge of the treatment in question”, and

(b)   

in subsection (4), at the end insert “nor the responsible clinician”.

20

(4)   

In section 61 (review of treatment)—

(a)   

in subsection (1)—

(i)   

for “by the responsible medical officer” substitute “by the

approved clinician in charge of the treatment”, and

(ii)   

in paragraph (a), for “responsible medical officer” substitute

25

“responsible clinician”,

(b)   

in subsection (2)(b), for “responsible medical officer” substitute

“responsible clinician”,

(c)   

in subsection (3), omit the words “to the responsible medical officer”,

and

30

(d)   

after that subsection insert—

“(3A)   

The notice under subsection (3) above shall be given to the

approved clinician in charge of the treatment.”

(5)   

In section 62(2) (exception to discontinuance of treatment), for “responsible

medical officer” substitute “approved clinician in charge of the treatment”.

35

(6)   

In section 63 (treatment requiring consent), for “responsible medical officer”

substitute “approved clinician in charge of the treatment”.

(7)   

In section 64 (supplementary provisions for Part 4)—

(a)   

in subsection (1), for the words from ““the responsible” to “treatment”

substitute ““the responsible clinician” means the approved clinician

40

with overall responsibility for the case”, and

(b)   

after that subsection insert—

“(1A)   

Insofar as this Part of this Act applies to a patient who is neither

liable to be detained under this Act nor a community patient,

references in this Part to the responsible clinician or the

45

 
 

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles

9

 

approved clinician in charge of the treatment of the patient shall

be construed as references to the person in charge of the

patient’s treatment.”

12      

Amendments to Part 5 of 1983 Act

(1)   

Part 5 of the 1983 Act (Mental Health Review Tribunals) is amended as follows.

5

(2)   

In the following provisions, after “registered medical practitioner” insert “or

approved clinician”—

(a)   

section 67(2) (power to visit and examine patient for the purposes of a

tribunal reference), and

(b)   

section 76(1) (power to visit and examine patient for the purposes of a

10

tribunal application).

(3)   

In section 79 (interpretation of Part 5), in subsection (6), for “, and “the

responsible medical officer” means the responsible medical officer,” substitute

“, and “the responsible clinician” means the responsible clinician,”.

13      

Amendments to other provisions of 1983 Act

15

(1)   

The 1983 Act is amended as follows.

(2)   

In section 118 (code of practice), in subsection (1)(a), after “registered medical

practitioners” insert “, approved clinicians”.

(3)   

In the following provisions, after “registered medical practitioner” insert “or

approved clinician”—

20

(a)   

section 120(4)(a) (right of person authorised by Secretary of State etc to

visit patients), and

(b)   

section 121(5)(a) (right of person authorised by Mental Health Act

Commission to visit patients).

(4)   

In section 134 (correspondence of patients), in subsection (1), for “registered

25

medical practitioner in charge of the treatment of the patient” substitute

“approved clinician with overall responsibility for the patient’s case”.

(5)   

In section 145 (general interpretation), in subsection (1), insert the following

definition at the appropriate place—

““approved clinician” means a person approved by the Secretary of State

30

(in relation to England) or by the Welsh Ministers (in relation to Wales)

to act as an approved clinician for the purposes of this Act;”.

14      

Amendments to other Acts

(1)   

In section 116B(5) of the Army Act 1955 (3 & 4 Eliz. 2 c. 18) (provision for

person subject to hospital order and restriction order to be remitted for trial,

35

etc)—

(a)   

for “the responsible medical officer” substitute “the responsible

clinician”, and

(b)   

for the words from “In this subsection” to the end substitute—

   

“In this subsection “responsible clinician” means the

40

responsible clinician within the meaning of Part 3 of the 1983

Act.”

 
 

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles

10

 

(2)   

In section 116B(5) of the Air Force Act 1955 (3 & 4 Eliz. 2 c. 19) (provision for

person subject to hospital order and restriction order to be remitted for trial,

etc)—

(a)   

for “the responsible medical officer” substitute “the responsible

clinician”, and

5

(b)   

for the words from “In this subsection” to the end substitute—

   

“In this subsection “responsible clinician” means the

responsible clinician within the meaning of Part 3 of the 1983

Act.”

(3)   

In section 63B(5) of the Naval Discipline Act 1957 (c. 53) (provision for person

10

subject to hospital order and restriction order to be remitted for trial, etc)—

(a)   

for “the responsible medical officer” substitute “the responsible

clinician”, and

(b)   

for the words from “In this subsection” to the end substitute—

   

“In this subsection “responsible clinician” means the

15

responsible clinician within the meaning of Part 3 of the 1983

Act.”

(4)   

In section 5A(4) of the Criminal Procedure (Insanity) Act 1964 (c. 84) (provision

for person subject to hospital order and restriction order to be remitted for trial,

etc), for “the responsible medical officer” substitute “the responsible clinician”.

20

(5)   

In section 171 of the Armed Forces Act 2006 (c. 52) (remission for trial)—

(a)   

in subsection (1), for “the responsible medical officer” substitute “the

responsible clinician”, and

(b)   

in subsection (4) for the definition of “the responsible medical officer”

substitute—

25

““the responsible clinician” means the responsible clinician within

the meaning of Part 3 of the Mental Health Act 1983.”

(6)   

On the commencement of the repeal of an enactment mentioned in subsection

(1), (2) or (3) by the Armed Forces Act 2006, that subsection shall also cease to

have effect.

30

15      

Certain registered medical practitioners to be treated as approved under

section 12 of 1983 Act

In section 12 of the 1983 Act (general provisions as to medical

recommendations), after subsection (2) insert—

“(2A)   

A registered medical practitioner who is an approved clinician shall be

35

treated as also approved for the purposes of this section under

subsection (2) above as having special experience as mentioned there.”

16      

Regulations as to approvals in relation to England and Wales

After section 142 of the 1983 Act, insert—

“142A   

Regulations as to approvals in relation to England and Wales

40

The Secretary of State jointly with the Welsh Ministers may by

regulations make provision as to the circumstances in which—

(a)   

a practitioner approved for the purposes of section 12 above, or

 
 

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles

11

 

(b)   

a person approved to act as an approved clinician for the

purposes of this Act,

approved in relation to England is to be treated, by virtue of his

approval, as approved in relation to Wales too, and vice versa.”

Approved mental health professionals

5

17      

Approved mental health professionals

For section 114 of the 1983 Act (appointment of approved social workers) and

the cross-heading immediately above it substitute—

“Approved mental health professionals

114     

Approval by local social services authority

10

(1)   

A local social services authority may approve a person to act as an

approved mental health professional for the purposes of this Act.

(2)   

But a local social services authority may not approve a registered

medical practitioner to act as an approved mental health professional.

(3)   

Before approving a person under subsection (1) above, a local social

15

services authority shall be satisfied that he has appropriate competence

in dealing with persons who are suffering from mental disorder.

(4)   

In approving a person under subsection (1) above a local social services

authority shall comply with any directions given by the Secretary of

State (if the authority’s area is in England) or the Welsh Ministers (if the

20

authority’s area is in Wales).

(5)   

The matters in respect of which a direction under subsection (4) above

may be given include, in particular—

(a)   

the period for which approvals under subsection (1) above have

effect;

25

(b)   

the courses to be undertaken by persons before such approvals

are to be given and during the period for which such approvals

have effect;

(c)   

the conditions subject to which such approvals are to be given;

and

30

(d)   

the factors to be taken into account in determining whether

persons have appropriate competence as mentioned in

subsection (3) above.

(6)   

The power to give directions under subsection (4) above includes

power to vary or revoke them.

35

(7)   

In this Act “approved mental health professional” means—

(a)   

in relation to acting on behalf of a local social services authority

whose area is in England, a person approved under subsection

(1) above by any local social services authority whose area is in

England, and

40

(b)   

in relation to acting on behalf of a local social services authority

whose area is in Wales, a person approved under that

 
 

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 2 — Professional roles

12

 

subsection by any local social services authority whose area is

in Wales.”

18      

Approval of courses etc for approved mental health professionals

After section 114 of the 1983 Act insert—

“114A   

Approval of courses etc for approved mental health professionals

5

(1)   

The relevant Council may, in accordance with rules made by it,

approve courses for persons who are or wish to become approved

mental health professionals.

(2)   

For that purpose—

(a)   

subsections (2) to (4)(a) and (7) of section 63 of the Care

10

Standards Act 2000 apply as they apply to approvals given,

rules made and courses approved under that section; and

(b)   

sections 66 and 71 of that Act apply accordingly.

(3)   

In subsection (1), “the relevant Council” means—

(a)   

in relation to persons who are or wish to become approved to

15

act as approved mental health professionals by a local social

services authority whose area is in England, the General Social

Care Council;

(b)   

in relation to persons who are or wish to become approved to

act as approved mental health professionals by a local social

20

services authority whose area is in Wales, the Care Council for

Wales.

(4)   

The functions of an approved mental health professional shall not be

considered to be relevant social work for the purposes of Part 4 of the

Care Standards Act 2000.

25

(5)   

The General Social Care Council and the Care Council for Wales may

also carry out, or assist other persons in carrying out, research into

matters relevant to training for approved mental health professionals.”

19      

Amendment to section 62 of Care Standards Act 2000

In section 62 of the Care Standards Act 2000 (c. 14) (codes of practice), after

30

subsection (1) insert—

“(1A)   

The codes may also lay down standards of conduct and practice

expected of social workers when carrying out the functions of an

approved mental health professional (as defined in section 114 of the

Mental Health Act 1983).”

35

20      

Approved mental health professionals: further amendments

Schedule 2 (which contains amendments in connection with section 17) has

effect.

 
 

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 3 — Patient’s nearest relative

13

 

Chapter 3

Patient’s nearest relative

21      

Extension of power to appoint acting nearest relative

(1)   

Section 29 of the 1983 Act (appointment by court of acting nearest relative) is

amended as follows.

5

(2)   

In subsection (1), for the words from “the applicant” to the end substitute “the

person specified in the order”.

(3)   

After subsection (1) insert—

“(1A)   

If the court decides to make an order on an application under

subsection (1) above, the following rules have effect for the purposes of

10

specifying a person in the order—

(a)   

if a person is nominated in the application to act as the patient’s

nearest relative and that person is, in the opinion of the court, a

suitable person to act as such and is willing to do so, the court

shall specify that person (or, if there are two or more such

15

persons, such one of them as the court thinks fit);

(b)   

otherwise, the court shall specify such person as is, in its

opinion, a suitable person to act as the patient’s nearest relative

and is willing to do so.”

(4)   

In subsection (2)—

20

(a)   

after “on the application of—” insert—

“(za)   

the patient;”, and

(b)   

omit the words from “but in relation to” to the end.

(5)   

In subsection (3)—

(a)   

in paragraph (c) omit the word “or” at the end of the paragraph, and

25

(b)   

after paragraph (d) insert “; or

(e)   

that the nearest relative of the patient is otherwise not a

suitable person to act as such.”

(6)   

In subsection (5), for “(3)(a) or (b)” substitute “(3)(a), (b) or (e)”.

22      

Discharge and variation of orders appointing nearest relative

30

(1)   

Section 30 of the 1983 Act (discharge and variation of orders under section 29)

is amended as follows.

(2)   

In subsection (1)—

(a)   

in paragraph (a), after “in any case, by” insert “the patient or”, and

(b)   

in paragraph (b), for “or paragraph (b)” substitute “, (b) or (e)”.

35

(3)   

After that subsection insert—

“(1A)   

But, in the case of an order made on the ground specified in paragraph

(e) of section 29(3) above, an application may not be made under

subsection (1)(b) above by the person who was the nearest relative of

the patient when the order was made except with leave of the county

40

court.”

 
 

Mental Health Bill [HL]
Part 1 — Amendments to Mental Health Act 1983
Chapter 3 — Patient’s nearest relative

14

 

(4)   

In subsection (2)—

(a)   

after “or on the application of” insert “the patient or of”, and

(b)   

for the words from “for the first-mentioned person” to the end

substitute “another person for the person having those functions”.

(5)   

After that subsection insert—

5

“(2A)   

If the court decides to vary an order on an application under subsection

(2) above, the following rules have effect for the purposes of

substituting another person—

(a)   

if a person is nominated in the application to act as the patient’s

nearest relative and that person is, in the opinion of the court, a

10

suitable person to act as such and is willing to do so, the court

shall specify that person (or, if there are two or more such

persons, such one of them as the court thinks fit);

(b)   

otherwise, the court shall specify such person as is, in its

opinion, a suitable person to act as the patient’s nearest relative

15

and is willing to do so.”

(6)   

In subsection (4), for the words from “An order under” to “period is specified”

substitute “An order made on the ground specified in paragraph (c) or (d) of

section 29(3) above shall, unless previously discharged under subsection (1)

above, cease to have effect as follows”.

20

(7)   

After subsection (4A) (inserted by Schedule 3 to this Act) insert—

“(4B)   

An order made on the ground specified in paragraph (a), (b) or (e) of

section 29(3) above shall—

(a)   

if a period was specified under section 29(5) above, cease to

have effect on expiry of that period, unless previously

25

discharged under subsection (1) above;

(b)   

if no such period was specified, remain in force until it is

discharged under subsection (1) above.”

23      

Restriction of nearest relative’s right to apply to tribunal

In section 66 of the 1983 Act (applications to tribunal), in subsection (1)(h) after

30

“section 29 above” insert “on the ground specified in paragraph (c) or (d) of

subsection (3) of that section”.

24      

Civil partners

(1)   

Section 26 of the 1983 Act (definition of “relative” and “nearest relative”) is

amended as set out in subsections (2) to (5).

35

(2)   

In subsection (1)(a), after “wife” insert “or civil partner”.

(3)   

In subsection (5)—

(a)   

in paragraph (b) after “wife” insert “or civil partner”, and

(b)   

in paragraph (c) after “wife,” insert “civil partner,”.

(4)   

In subsection (6)—

40

(a)   

for “and “wife” include a person who is living with the patient as the

patient’s husband or wife” substitute “, “wife” and “civil partner”

include a person who is living with the patient as the patient’s husband

or wife or as if they were civil partners”, and

 
 

 
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