Mental Health Bill [HL]

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House of Lords

Session 2006 - 07
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Mental Health Bill [HL]

Mental Health Bill [HL]

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Health and the Home

Office, in consultation with the Welsh Assembly Government, are published

separately as HL Bill 1—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

The Lord Warner has made the following statement under section 19(1)(a) of the

Human Rights Act 1998:

In my view the provisions of the Mental Health Bill [HL] are compatible with the

Convention rights.

HL Bill 1

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Mental Health Bill [HL]

Contents

Part 1

Amendments to Mental Health Act 1983

Chapter 1

Changes to key provisions

Mental disorder

1

Removal of categories of mental disorder

2

Learning disability

3

Changes to exclusions from operation of 1983 Act

Tests for detention etc

4

Replacement of “treatability” and “care” tests with appropriate treatment test

5

Further cases in which appropriate treatment test is to apply

Medical treatment

6

Appropriate treatment test in Part 4 of 1983 Act

7

Change in definition of “medical treatment”

Chapter 2

Professional roles

Approved clinicians and responsible clinicians

8

Amendments to Part 2 of 1983 Act

9

Amendments to Part 3 of 1983 Act

10

Further amendments to Part 3 of 1983 Act

11

Amendments to Part 4 of 1983 Act

12

Amendments to Part 5 of 1983 Act

13

Amendments to other provisions of 1983 Act

14

Amendments to other Acts

HL Bill 1

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Mental Health Bill [HL]

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15

Certain registered medical practitioners to be treated as approved under

section 12 of 1983 Act

16

Regulations as to approvals in relation to England and Wales

Approved mental health professionals

17

Approved mental health professionals

18

Approval of courses etc for approved mental health professionals

19

Amendment to section 62 of Care Standards Act 2000

20

Approved mental health professionals: further amendments

Chapter 3

Patient’s nearest relative

21

Extension of power to appoint acting nearest relative

22

Discharge and variation of orders appointing nearest relative

23

Restriction of nearest relative’s right to apply to tribunal

24

Civil partners

Chapter 4

Supervised community treatment

25

Community treatment orders, etc

26

Relationship with leave of absence

27

Consent to treatment

28

Authority to treat

29

Repeal of provisions for after-care under supervision

Chapter 5

Mental Health Review Tribunals

30

References

31

Organisation

Chapter 6

Cross-border patients

32

Cross-border arrangements

Chapter 7

Restricted patients

33

Restriction orders

34

Conditionally discharged patients subject to limitation directions

Mental Health Bill [HL]

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Chapter 8

Miscellaneous

35

Delegation of powers of managers of NHS foundation trusts

36

Local Health Boards

37

Welsh Ministers: procedure for instruments

Part 2

Amendments to Mental Capacity Act 2005

38

Mental Capacity Act 2005: deprivation of liberty

39

Amendment to section 20(11) of Mental Capacity Act 2005

Part 3

General

40

Meaning of “1983 Act”

41

Transitional provisions and savings

42

Consequential provisions

43

Repeals and revocations

44

Commencement

45

Commencement of section 29

46

Extent

47

Short title

Schedule 1   —

Categories of mental disorder: further amendments etc

Part 1   —

Amendments to 1983 Act

Part 2   —

Amendments to other Acts

Schedule 2   —

Approved mental health professionals: further amendments

to 1983 Act

Schedule 3   —

Supervised community treatment: further amendments to

1983 Act

Schedule 4   —

Supervised community treatment: amendments to other Acts

Schedule 5   —

Cross-border arrangements

Part 1   —

Amendments to Part 6 of 1983 Act

Part 2   —

Related amendments

Schedule 6   —

Mental Capacity Act 2005: new Schedule A1

Schedule 7   —

Mental Capacity Act 2005: new Schedule 1A

Schedule 8   —

Amendments relating to new section 4A of,& Schedule A1 to,

Mental Capacity Act 2005

Part 1   —

Other amendments to Mental Capacity Act 2005

Part 2   —

Amendments to other Acts

Schedule 9   —

Transitional provisions and savings

Schedule 10   —

Repeals and revocations

Part 1   —

Removal of categories of mental disorder

Part 2   —

Replacement of “treatability” and “care” tests

Part 3   —

Approved clinicians and responsible clinicians

Part 4   —

Nearest relative

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Part 5   —

Supervised community treatment

Part 6   —

Organisation of tribunals

Part 7   —

Cross-border arrangements

Part 8   —

Restricted patients

Part 9   —

Deprivation of liberty

© Parliamentary copyright 2006
Revised 17 November 2006