Mental Health Bill [HL]
[AS AMENDED ON REPORT]
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
Impaired decision making: admission for assessment and treatment
5
Replacement of “treatability” and “care” tests with appropriate treatment test
6
Renewal of detention
7
Further cases in which appropriate treatment test is to apply
Medical treatment
8
Appropriate treatment test in Part 4 of 1983 Act
9
Change in definition of “medical treatment”
Chapter 2
Professional roles
Approved clinicians and responsible clinicians
10
Amendments to Part 2 of 1983 Act
11
Amendments to Part 3 of 1983 Act
12
Further amendments to Part 3 of 1983 Act
13
Amendments to Part 4 of 1983 Act
14
Amendments to Part 5 of 1983 Act
15
Amendments to other provisions of 1983 Act
HL Bill 45
54/2
ii
16
Amendments to other Acts
17
Certain registered medical practitioners to be treated as approved under
section 12 of 1983 Act
18
Regulations as to approvals in relation to England and Wales
Approved mental health professionals
19
20
Approval of courses etc for approved mental health professionals
21
Amendment to section 62 of Care Standards Act 2000
22
Approved mental health professionals: further amendments
23
Children and young people
Conflicts of interest in professional roles
24
Conflicts of interest
Chapter 3
Safeguards for patients
Patient’s nearest relative
25
Extension of power to appoint acting nearest relative
26
Discharge and variation of orders appointing nearest relative
27
Restriction of nearest relative’s right to apply to tribunal
28
Civil partners
Consent to treatment
29
Electro-convulsive therapy, etc.
30
Section 29: supplemental
Chapter 4
Supervised community treatment
31
Community treatment orders, etc
32
Relationship with leave of absence
33
34
Authority to treat
Chapter 5
Mental Health Review Tribunals
35
References
36
Organisation
Chapter 6
Cross-border patients
37
Cross-border arrangements
iii
Chapter 7
Restricted patients
38
Restriction orders
39
Conditionally discharged patients subject to limitation directions
Chapter 8
Miscellaneous
40
Offence of ill-treatment: increase in maximum penalty on conviction on
indictment
41
Informal admission of patients aged 16 or 17
42
Places of safety
43
Delegation of powers of managers of NHS foundation trusts
44
Local Health Boards
45
Welsh Ministers: procedure for instruments
Part 2
Amendments to Mental Capacity Act 2005
46
Mental Capacity Act 2005: deprivation of liberty
47
Amendment to section 20(11) of Mental Capacity Act 2005
Part 3
General
48
Meaning of “1983 Act”
49
Transitional provisions and savings
50
Consequential provisions
51
Repeals and revocations
52
Commencement
53
Commencement of section 34
54
Extent
55
Short title
Schedule 1 —
Categories of mental disorder: further amendments etc
Part 1 —
Amendments to 1983 Act
Part 2 —
Schedule 2 —
to 1983 Act
Schedule 3 —
Supervised community treatment: further amendments to
1983 Act
Schedule 4 —
Supervised community treatment: amendments to other Acts
Schedule 5 —
Amendments to Part 6 of 1983 Act
Related amendments
Schedule 6 —
Mental Capacity Act 2005: new Schedule A1
iv
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
Other amendments to Mental Capacity Act 2005
Schedule 9 —
Schedule 10 —
Replacement of “treatability” and “care” tests
Part 3 —
Part 4 —
Part 5 —
Part 6 —
Organisation of tribunals
Part 7 —
Part 8 —
Part 9 —
Part 10 —
Deprivation of liberty