Mental Health Bill [HL]—
Amendments to be debated in the House of Lordscontinued

House of Lords

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"Duty to provide a second opinion for serious medical treatment

(1)      This paragraph applies to a person (P) who is deprived of liberty in accordance with this Schedule if an NHS body is proposing to provide, or secure the provision of, serious medical treatment within section 37(6) to him.
(2)      P shall not be given the treatment unless a registered medical practitioner (other than the medical practitioner in charge of the care of the patient) has certified in writing that the patient is not capable of understanding the nature, purpose and likely effects of that treatment but that it is in the best interests of the patient in accordance with this Act that the treatment be given.
(3)      Before giving a certificate under sub-paragraph (2), the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient's medical treatment, and of those persons one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner."


81Page 107, line 41, leave out "medical records" and insert "records relating to the care or treatment of persons"

Schedule 8



82Page 121, line 24, leave out "either" and insert "any"
83Page 121, line 38, at end insert—
    "(9)      The third case is where, under paragraph 66C of Schedule 6, the supervisory body select a person to carry out an assessment of whether or not the relevant person is a detained resident."
84Page 123, line 20, leave out sub-paragraph (2) and insert—
"(2)      After subsection (4) insert—
    "(4A)      Subsection (2) does not apply to a statutory instrument containing regulations made by the Secretary of State under Schedule A1.
    (4B)      If such a statutory instrument contains regulations under paragraph 122, 153 or 155 of Schedule A1 (whether or not it also contains other regulations), the instrument may not be made unless a draft has been laid before and approved by resolution of each House of Parliament.
    (4C)      Subject to that, such a statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament.""

Before Clause 41



85Insert the following new Clause—
  "Code of practice: duty
  After section 118 of the 1983 Act, insert—
    "118ACode of practice: duty
    (1)  It is the duty of a person to have regard to the code if he is acting in relation to a patient and is doing so in a professional capacity.
    (2)  If it appears to a court or tribunal conducting any criminal or civil proceedings that either—
    (a)  a provision in the code, or
    (b)  a failure to comply with the code,
     is relevant to a question arising in the proceedings, the provision of failure must be taken into account in deciding the question.
    (3)  The code must be followed unless there is good reason for departing from it in relation to an individual patient and the reasons must be recorded.""

Schedule 9



86Page 125, line 34, at end insert—
"(2)      The amendments made by sections (Electro-convulsive therapy, etc.) and (Section (Electro-convulsive therapy, etc.): supplemental) do not affect the application of a certificate under subsection (3) of section 58 of the 1983 Act which—
(a)  relates to electro-convulsive therapy (by virtue of regulations under subsection (1)(a) of that section), and
(b)  is given before the date on which those amendments come into force.
(3)      But any certificate under section 58(3)(b) of the 1983 Act that the patient has not consented to electro-convulsive therapy ceases to apply when those amendments come into force."

Schedule 10



87Page 128, line 25, at end insert—
  "Health and Social Care (Community Health and Standards) Act 2003 (c. 43)In Schedule 4, paragraph 51."
88Page 128, line 25, at end insert—
  "Civil Partnership Act 2004(c. 33)In Schedule 27, paragraph 86(a)."
89Page 128, line 25, at end insert—
  "National Health Service (Consequential Provisions) Act 2006 (c. 43)In Schedule 1, paragraph 63."


90Page 129, line 34, column 2, at end insert—
  "In section 146, the words from "128" to "guardianship)"."
91Page 130, line 21, column 2, leave out from "88(3)" to end of line 22 and insert "—
        (a)   the words "to Scotland or Northern Ireland",       (b)   paragraph (a), and       (c)   in paragraph (b), the words "in Northern Ireland,"."
92Page 130, line 22, column 2, at end insert—
  "In section 146, the words from "88" to "138)"."
93Page 130, line 23, column 2, at end insert—
  "In Schedule 1, paragraph 2(5)."
94Page 131, line 10, at end insert—


  ReferenceExtent of repeal or revocation
  Children Act 1989 (c. 41)In Schedule 13, paragraph 48(5)."

Clause 45



95Page 38, line 41, at end insert—
"(   )  A statutory instrument containing an order under this section which makes provision by virtue of subsection (4)(b) (including provision within section 46) is subject to annulment in pursuance of a resolution of either House of Parliament."

Clause 47



96Page 40, line 18, leave out from "3" to end of line 19
97Page 40, line 20, leave out "and 4" and insert ", 4 and 19A"

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27 February 2007