MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE

      The amendments have been marshalled in accordance with the Instruction of 29th November 2006, as follows—

[Amendments marked * are new or have been altered]

Amendment
No.

"Guiding principles

A1	Application of Act: "guiding principles"

(1)	In discharging a function by virtue of this Act a person shall have regard to—

(a)	the importance of the patient participating as fully as is possible in the discharge of the function;

(b)	the importance of providing such information and support to the patient as is necessary to enable the patient to participate in accordance with paragraph (a) above;

(c)	the present and past wishes and feelings of the patient which are relevant to the discharge of the function;

(d)	the views of any carer of the patient, or other person who is involved in a professional capacity, and which are relevant to the discharge of the function;

(e)	the full range of options which are available in the patient's case;

(f)	the need to ensure that, unless it is justified in the circumstances, the patient is not treated in any way that is less favourable than the way in which a person who is not a patient might be treated in a comparable situation;

(g)	the need to ensure that patients are not discriminated against, either directly or indirectly, on the grounds of age, gender, sexual orientation, race, colour, disability, language, religion or national, ethnic or social origin;

(h)	the importance of maximising the benefit to the patient from the discharge of the function;

(i)	the need to ensure that when either informal or compulsory care and treatment of a child aged under 18 years is considered, the welfare of the child is the paramount consideration; and

(j)	the need to ensure that compulsory treatment or detention of a patient under this Act should be matched by a reciprocal duty to provide treatment and support of a likely health benefit to that patient.

(2)

After having regard to the matters mentioned in subsection (1) above the person shall discharge the function in the manner that involves the minimum restriction on the freedom of the patient that is necessary in the circumstances, including a preference for informed care and treatment when circumstances permit.""

""(3)

For the purposes of subsection (2), a person shall not be considered to have a mental disorder as defined in this section solely on the grounds of the following—

(a)	his substance misuse (including dependence upon, or use of, alcohol or drugs);

(b)	his sexual behaviour;

(c)	his commission, or likely commission, of illegal or disorderly acts;

(d)	his cultural, religious or political beliefs.""

"(4)	Dependence on alcohol or drugs should not preclude a person from treatment under this Act if they also suffer from a co-existing mental disorder as defined in subsection (2) above."

"(aa)

because of his mental disorder, his ability to make decisions about the provision of medical treatment is significantly impaired";

"(aa)

because of his mental disorder, his ability to make decisions about the provision of medical treatment is significantly impaired;"."

"1A	Rights to support and treatment

(1)	This section applies to persons who have or have had a mental disorder and who are not in hospital.

(2)

Such persons have the right to a comprehensive assessment of their needs for support and treatment arising from their mental health, emotional and social support needs and accordingly it shall be the duty of each local authority and each NHS body ("the responsible authorities") to carry out such an assessment on receipt of a request by such a person or his authorised representative.

(3)	In carrying out an assessment under subsection (2), the responsible authorities shall ensure that the person concerned is empowered to define his own needs.

(4)	Persons falling within this section have the right to assistance by—

(a)	a nominated supporter or an independent advocate, or

(b)	a communication support worker (or both),

in order to express and define their needs and accordingly it shall be the duty of the responsible authorities to make arrangements for such assistance.

(5)	The responsible authorities, having due regard to the results of an assessment carried out under this section, shall then decide whether the requirements of the person concerned call for them to—

(a)	provide him with services which provide support and treatment, or

(b)	secure the provision of such services for him.

(6)	Where the responsible authorities are satisfied in the case of any such person that it is necessary, in order to meet the needs of that person, for them to provide, or secure the provision of, services to him then it shall be their specific duty to make the necessary arrangements.

(7)	All arrangements made under this section shall be agreed with the persons concerned and written down in a support plan.

(8)	Any treatment or support provided by virtue of this section shall be provided in accordance with the choices, lifestyle preferences and aspirations of such persons.

(9)	Services provided by virtue of this section shall be designed to—

(a)	minimise the effect of the mental disorder on such persons;

(b)	promote the dignity, well-being and social development of such persons;

(c)	accord them respect for their individual qualities, abilities and diverse cultural and religious backgrounds; and

(d)	increase the extent to which such persons are able to enjoy the same choice, freedom, dignity, control and substantive opportunities to participate fully in work, family life, education, public, community and cultural life as persons who do not have or have not had a mental disorder.

(10)	For the purposes of this section, "treatment and support" includes, without prejudice to the generality of that expression—

(a)	talking therapies;

(b)	assistance with personal care routines and daily living;

(c)	practical and emotional support in a crisis;

(d)	residential accommodation with appropriate levels of support;

(e)	social, cultural and recreational activities;

(f)	support, including advocacy, which enables participation in mainstream services and activities;

(g)	training and assistance in obtaining and in undertaking employment;

(h)	assistance in welfare rights and managing finances;

(i)	such facilities for, or assistance in, travelling as the relevant authorities may consider necessary to enable those persons to attend or participate in any services provided or arranged under this section.

(11)	For the purposes of this section, in relation to England "local authority" means—

(a)	the council of a county;

(b)	the council of a district for which there is no county council;

(c)	the council of a London borough;

(d)	the Common Council of the City of London;

(e)	the Council of the Isles of Scilly.

(12)	For the purposes of this section in relation to Wales "local authority" means the council of a county or county borough.

(13)	"NHS body" means—

(a)	in relation to England, a Strategic Health Authority, a Special Health Authority, an NHS trust, an NHS foundation trust, a Primary Care Trust (including a Care Trust established under section 16A of the National Health Service Act 1977 (c. 49));

(b)	in relation to Wales, a local Health Board or an NHS trust.

(14)

The appropriate national authority may by regulations make provision for and in connection with requiring or authorising the relevant authorities mentioned in the case of a person of a prescribed description who falls within this section to make, with that person's consent, such payments to him as they may determine in accordance with the regulations in respect of his securing the provision of the services mentioned in this section.

(15)	In this section the "appropriate national authority" means—

(a)	in relation to England, the Secretary of State;

(b)	in relation to Wales, the Welsh Ministers.""

"(a)	if he is a medical practitioner, to examine the patient and to arrange for another registered medical practitioner to examine the patient, or

(b)	if he is not a medical practitioner to arrange for two registered medical practitioners to examine the patient";

"(3A)

The report to be furnished under subsection (3) shall be founded on the written recommendations in the prescribed form of the two registered medical practitioners including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) are complied with and each such recommendation shall include—

(a)	such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraphs (a) to (c) of subsection (5), specifying whether other methods of dealing with the patient are available, and

(b)	a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (c) of that subsection, specifying whether other methods of dealing with the patient are available and if so why they are not appropriate.""