Mental Health Bill [HL]
REVISED
FOURTH
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—
Clauses 20
Schedule 2
Clauses 21 to 25
Schedules 3 and 4
Clauses 26 to 32
Schedule 5
Clauses 33 to 38 | Schedules 6 to 8
Clauses 39 to 41
Schedule 9
Clauses 42 and 43
Schedule 10
Clauses 44 to 47 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | LORD CARLILE OF BERRIEW
EARL HOWE |
| 28 | Insert the following new Clause— |
| | Criminal justice system amendments |
| | Court mental health report for those remanded on bail |
| | Before section 35 (remand to hospital for report on accused's mental condition) of the 1983 Act, insert— |
| "34A | Remand on bail for a mental health report |
| (1) | In relation to the Crown Court, this section applies to a person who— |
| (a) | has been sent for trial before the court for an offence punishable with imprisonment and has not yet been sentenced or otherwise dealt with for it (unless he has been convicted of the offence and the sentence is fixed by law), |
| (b) | has been committed to the court to be sentenced for such an offence and has not yet been sectioned or otherwise dealt with for it, or |
| (c) | has been committed to the court under section 43 and has not yet been dealt with under that section. |
| (2) | In relation to a magistrates' court, this section applies to a person who has appeared before the court charged with an offence punishable on summary conviction with imprisonment and has not yet been sentenced or otherwise dealt with for it. |
| (3) | Subsections (4) and (5) apply if the court— |
| (a) | remands on bail a person to whom this section applies, and |
| (b) | is satisfied on the evidence of a registered medical practitioner that there is reason to suspect that the person is suffering from mental disorder. |
| (4) | The court may require the appropriate authority to arrange for an approved clinician to prepare a report on— |
| (a) | the person's mental condition, or |
| (b) | the appropriate medical treatment for that condition, |
| | (or both) in order to assist the court in dealing with the person for the offence. |
| (5) | The court may specify any particular matters which are to be included in the report (including an assessment of the risk posed by the person to members of the public)."" |
| 29 | Insert the following new Clause— |
| | "Resolving disputes as to receiving hospitals |
| (1) | The 1983 Act is amended as follows. |
| (2) | In section 35 (remand to hospital for report on accused's mental condition), after subsection (4), insert— |
| "(4A) | Where a court has remanded an accused person under this section and hospital trusts cannot agree to which hospital a person should be sent, the Secretary of State shall resolve the dispute." |
| (3) | In section 36 (remand of accused person to hospital for treatment), after subsection (3), insert— |
| "(3A) | Where a court has remanded an accused person under this section and hospital trusts cannot agree to which hospital a person should be sent, the Secretary of State shall resolve the dispute."" |
| | EARL HOWE
LORD CARLILE OF BERRIEW |
| 30 | Insert the following new Clause— |
| | "Duty of Secretary of State: transfer directions |
| | In section 47(1) (removal to hospital of persons serving sentences of imprisonment, etc) of the 1983 Act omit the words from "condition" to the end and insert "the Secretary of State must by warrant direct that that person be removed and detained in such hospital as may be specified in the direction; and a direction under this section shall be known as "a transfer direction"." |
| | EARL HOWE
BARONESS VERMA
BARONESS MEACHER |
| 31 | Insert the following new Clause— |
| | "Warrant to search for and remove patients |
| | In section 135 of the 1983 Act for subsection (1)(a) and (b) substitute— |
| "(a) | may be in need of care or treatment for his mental disorder and is living in any place within the jurisdiction of the justice, |
| (b) | access to that place is necessary for the purpose of establishing whether or not he is in need of such care or treatment; and |
| (c) | it has not been possible to gain such access without a warrant"." |
| | LORD WILLIAMSON OF HORTON |
| 32 | Insert the following new Clause— |
| | "Duty to inform nearest relatives of rights |
| (1) | Section 13 of the 1983 Act (duty of approved social workers to make applications for admission or guardianship) is amended as follows. |
| (2) | After subsection (5) insert— |
| "(5A) | After making an application for admission or guardianship, the approved mental health professional shall have a duty to take all practicable steps to inform the person (if any) appearing to be the nearest relative of the following rights within 7 days— |
| (a) | to apply for admission for assessment under section 11(1) above; |
| (b) | to apply for admission for treatment under section 11(1) above; |
| (c) | to apply for guardianship under section 11(1) above; |
| (d) | to be informed of an admission for assessment under section 11(3) above; |
| (e) | to object to an application for admission for treatment or a guardianship application under section 11(4)(a) above; |
| (f) | to be consulted before an admission for treatment or guardianship under section 11(4)(b) above; |
| (g) | to require a local authority to make arrangements for an approved social worker to consider the patient's case and to be given written reasons if an application is not made under section 13(4) above; |
| (h) | to discharge the patient from detention or guardianship under section 23(2) below; |
| (i) | to apply to the Mental Health Review Tribunal under section 66(1) below; |
| (j) | to be informed of the intended discharge of a patient under section 133(1) below; |
| (k) | to be involved in aftercare planning under section 117 below; and |
| (l) | to be furnished with a copy of information relating to community patients under section 25 of the Mental Health Act 2007."" |
| | EARL HOWE
BARONESS VERMA
BARONESS MEACHER
BARONESS BARKER |
| 33 | Insert the following new Clause— |
| | "Effect of application for admission |
| | In section 6(1) of the 1983 Act— |
| (a) | for all references to "applicant" substitute "NHS trust responsible for hospital provision"; and |
| (b) | for "convey him to the hospital" substitute "convey him to the hospital identified by the trust as being able to receive him"." |
| | BARONESS GARDNER OF PARKES
BARONESS FINLAY OF LLANDAFF |
| 33A | Insert the following new Clause— |
| | "Notification of hospitals having arrangements for reception of urgent cases |
| | In the 1983 Act, for section 140 substitute— |
| "140 | Notification of hospitals having arrangements for reception of urgent cases |
| (1) | It shall be the duty of every Primary Care Trust, in conjunction with— |
| (a) | the NHS trusts contracted to provide in-patient mental health services and ambulance services within its area, |
| (b) | the police authority or authorities within its area, and |
| (c) | the local social services authority or authorities within its area, |
| | to prepare, publish and maintain up-to-date a comprehensive scheme for the safe, timely and effective management of the cases of patients within its area who may require urgent admission to hospital for treatment for mental disorder, whether under this Act or otherwise. |
| (2) | This scheme shall include details of— |
| (a) | the arrangements for the assessment of urgent cases and for ensuring the safety of the patient, carers, those carrying out the assessment and any other persons present during the assessment, |
| (b) | the arrangements for obtaining a bed, if required, and the criteria for determining the relative priority of urgent cases awaiting admission, |
| (c) | the arrangements for ensuring safe custody and conveyance of patients who need to be admitted to hospital under section 6(1) of this Act, and |
| (d) | agreed time-limits for response by the bodies listed in subsection (1)(a) to (c) above in caes of urgency where there is a serious risk to the safety of the patient or others."" |
| | BARONESS GARDNER OF PARKES
BARONESS FINLAY OF LLANDAFF |
| 33B | Page 46, line 9, leave out "on their behalf" and insert "within a reasonable time having regard to the circumstances of the case" |
| | BARONESS BARKER
BARONESS NEUBERGER
EARL HOWE |
| 34 | Page 46, line 32, at end insert— |
| "( ) | After subsection (2) insert— |
| "(2A) | An approved mental health professional may, after producing, if asked to do so, a duly authenticated document showing that he is such a professional, enter any premises where the patient is, for the purpose of interviewing him as in subsection (2) above and if necessary making an application for admission or for guardianship, and he may be accompanied by any police constable, registered medical practitioner or other person whose presence he has requested in order to assist him in carrying out his duties under this section."" |
| | BARONESS GIBSON OF MARKET RASEN
BARONESS WALMSLEY |
| 35 | Page 46, line 32, at end insert— |
| "( ) | After subsection (2) insert— |
| "(2A) | Where the patient had a child under the age of 18 residing with them immediately prior to the application being made, the local social services authority must, as soon as reasonably practicable, make an assessment under section 17 of the Children Act 1989 and the local social services authority must also take reasonable steps to inform the child of the application process in light of the child's age and understanding."" |
| | BARONESS GIBSON OF MARKET RASEN |
| 37 | Page 47, line 5, at end insert— |
| | "In section 14 (social reports), at the end insert— |
| "( ) | Where the patient had a child under the age of 18 residing with them immediately prior to the application being made, the local social services authority must, as soon as reasonably practicable, make an assessment under section 17 of the Children Act 1989 and the local social services authority must also take reasonable steps to inform the child of the application process in light of the child's age and understanding."" |
| | LORD WILLIAMSON OF HORTON
LORD PATEL OF BRADFORD |
| 38 | Insert the following new Clause— |
| | "Independent mental health advocacy |
| | After section 125 of the 1983 Act insert— |
| "125A | Independent mental health advocacy |
| (1) | The appropriate authority must arrange, to such extent as it considers necessary to meet all reasonable requirements, for help from persons to be known as independent mental health advocates, to be available to qualifying patients. |
| (2) | The help available under the arrangements must include— |
| (a) | help in obtaining information about and understanding— |
| (i) | what medical treatment is being provided to the patient; |
| (ii) | why it is being provided; |
| (iii) | under what authority it is being provided; |
| (iv) | the requirements of this Act which apply in connection with the patient's treatment; and |
| (v) | the rights which can be exercised by or in respect of him under this Act, and |
| (b) | help (by way of representation or otherwise) in exercising those rights. |
| (3) | An independent mental health advocate authorised by a patient or his nearest relative on his behalf may at any reasonable time, for the purpose of providing, in accordance with the arrangements, help requested by the patient or his nearest relative, meet the patient in private. |
| (4) | The appropriate authority may by regulations provide that a person may act as an independent mental health advocate— |
| (a) | only if requirements specified in the regulations are met in respect of him; |
| (b) | only if requirements specified in the regulations are met in respect of any person with whom arrangements are made for him to act as an independent mental health advocate; and |
| (c) | only in circumstances otherwise specified in the regulations. |
| (5) | In making arrangements under this section, the appropriate authority must have regard to the principle that the provision of help under the arrangements should, so far as practicable, be independent of any person responsible for the patient's treatment. |
| (6) | The following are qualifying patients— |
| (a) | a patient who is liable to be detained by virtue of an application for admission for assessment or an application for admission for treatment under Part II of this Act; |
| (c) | a patient who is removed to a place of safety within the meaning of section 135— |
| (i) | in the execution of a warrant under section 135; or |
| (ii) | by a constable under section 136; |
| (d) | an accused person within the meaning of section 35 remanded under that section to hospital for a report on his mental condition; |
| (e) | an accused person within the meaning of section 36 remanded under that section to hospital for treatment; |
| (f) | a patient in respect of whom there is in force— |
| (ii) | a transfer direction; |
| (iii) | a hospital direction; |
| (g) | a patient, not being liable to be detained under this Act, who is asked to consent to any form of treatment to which section 57 applies."" |
| 39 | Insert the following new Clause— |
| | "Duty to inform patient of right of access to an advocate |
| | After section 125 of the 1983 Act insert— |
| "125B | Duty to inform patient of right of access to an advocate |
| (1) | The appropriate authority shall have a duty to inform a qualifying patient of the right to seek the services of an independent mental health advocate as soon as is reasonably practicable after the patient becomes a qualifying patient and thereafter, at reasonable intervals, including— |
| (a) | at all points where decisions are made about care and treatment; |
| (b) | on the use of interventions to manage behaviour; |
| (c) | in any case where an allegation of abuse, including offences relating to sections 38 to 41 of the Sexual Offences Act 2003, is made by a qualifying patient. |
| (2) | In any case where it is proposed that treatment specified by regulations made by the Secretary of State pursuant to section 58(1)(a) should be given to a patient, the appropriate authority shall have a duty to inform, or as the case may be, remind the patient of the right to seek the services of an independent mental health advocate— |
| (a) | before the patient is asked to consent to the specified treatment; or |
| (b) | before a certificate has been given under section 58(3)(b). |
| (3) | In the case of a patient who is a qualifying patient by virtue of section 125A(6)(g) as inserted by section (Independent mental health advocacy) above, the appropriate authority shall have a duty to inform or, as the case may be, remind the patient of the right to seek the services of an independent mental health advocate before he is given any form of treatment to which section 57 applies."" |
| | BARONESS BARKER
BARONESS NEUBERGER |
| 40 | Insert the following new Clause— |
| (1) | Section 26 of the 1983 Act (definition of "relative" and "nearest relative") is amended as follows. |
| (2) | In the cross-heading preceding section 26 after "functions of relatives" insert ", and of persons acting as relatives". |
| (3) | Before subsection (1) insert— |
| "(A1) | In this Part of this Act "named person" means any person nominated by the patient in accordance with subsection (1A) below. |
| (B1) | In this Part of this Act "primary carer" has the same meaning as in section 1 of the Carers and Disabled Children Act 2000." |
| (4) | After subsection (1) insert— |
| "(1A) | A person is a named person in accordance with this subsection if— |
| (a) | the nomination is signed by the nominator; |
| (b) | the nominator's signature is witnessed by a prescribed person; |
| (c) | the prescribed person certifies that, in the opinion of the prescribed person, the nominator— |
| (i) | understands that the effect of nominating a person to be the named person will give him the role of nearest relative; and |
| (ii) | has not been subjected to any undue influence in making the nomination. |
| (1B) | A nomination under subsection (1) above may be revoked by the nominator in accordance with subsection (1C) below. |
| (1C) | The nomination of a named person is revoked in accordance with this subsection if— |
| (a) | the revocation is signed by the nominator; |
| (b) | the nominator's signature is witnessed by a prescribed person; |
| (c) | the prescribed person certifies that, in the opinion of the prescribed person, the nominator— |
| (i) | understands the effect of revoking the appointment of a person as named person; and |
| (ii) | has not been subjected to any undue influence in making the revocation. |
| (1D) | The nomination of a named person shall be effective notwithstanding the nominator's becoming, after making the nomination, incapable. |
| (1E) | A person nominated under subsection (1) above may decline to be the nominator's named person by giving notice to— |
| (b) | the local authority for the area in which the nominator resides, |
| (5) | For subsection (3) substitute— |
| "(3) | In this Part of this Act, subject to the provisions of this section and to the following provisions of this Part of this Act, "nearest relative" means, in descending order— |
| (c) | the person first described in subsection (1) above who is for the time being surviving, relatives of the whole blood being preferred to relatives of the same description of the halfblood and the elder or eldest of two or more relatives described in any paragraph of that subsection being preferred to the other or others of those relatives, regardless of sex." |
| (7) | In subsection (5) omit "or (4)"." |
| | BARONESS HOWELLS OF ST. DAVIDS
BARONESS MASSEY OF DARWEN |
| 41 | Insert the following new Clause— |
| | "Independent mental health advocacy: young persons |
| | After section 125 of the 1983 Act insert— |
| "125C | Independent mental health advocacy: young persons |
| (1) | The appropriate authority must arrange, to such extent as it considers necessary to meet all reasonable requirements, for help from persons to be known as independent mental health advocates, to be available for patients aged 18 years or under. |
| (2) | The help available under the arrangements must include— |
| (a) | help in obtaining information about and understanding— |
| (i) | what medical treatment is being provided to the patient; |
| (ii) | why it is being provided; |
| (iii) | under what authority it is being provided; |
| (iv) | the requirements of this Act which apply in connection with the patient's treatment; and |
| (v) | the rights which can be exercised by or in respect of him under this Act, and |
| (b) | help (by way of representation or otherwise) in exercising those rights."" |
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