Mental Health Bill [HL]
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON THIRD READING
The amendments have been marshalled in accordance with the Order of 5th February 2007, as follows—
[Amendments marked * are new or have been altered]
Amendment
No.
| 1 | Insert the following new Clause— |
| | The fundamental principles |
| | After section 118(2) of the 1983 Act (code of practice) insert— |
| "(2A) | The code shall include a statement of the principles which the Secretary of State thinks should inform decisions under this Act. |
| (2B) | In preparing the statement of principles the Secretary of State shall, in particular, ensure that each of the following matters is addressed— |
| (a) | respect for patients' past and present wishes and feelings, |
| (b) | minimising restrictions on liberty, |
| (c) | involvement of patients in planning, developing and delivering care and treatment appropriate to them, |
| (d) | avoidance of unlawful discrimination, |
| (e) | effectiveness of treatment, |
| (f) | views of carers and other interested parties, |
| (g) | patient wellbeing and safety, and |
| (2C) | The Secretary of State shall also have regard to the desirability of ensuring— |
| (a) | the efficient use of resources, and |
| (b) | the equitable distribution of services. |
| (2D) | In performing functions under this Act persons mentioned in subsection (1)(a) or (b) shall have regard to the code."" |
| | BARONESS BARKER
BARONESS NEUBERGER |
| 2* | Insert the following new Clause— |
| (1) | Section 26 of the 1983 Act (definitions of relative and nearest relative) is amended as follows. |
| (2) | In the cross-heading preceding section 26 after "functions of relatives" insert ", persons acting as relatives". |
| (3) | Before subsection (1) of that section insert— |
| "(A1) | In this Part "named person" means— |
| (a) | any person described in subsection (1) below; or |
| (b) | any person not described in subsection (1) below who is the patient's carer, |
| | who has been nominated by the patient in accordance with subsection (1A) below. |
| (B1) | In this Part "appropriate authority" means— |
| (a) | in the case of a qualifying patient specified in subsection (C1) below the managers of the responsible hospital; or |
| (b) | in the case of any other person not specified in subsection (C1) the responsible social services authority. |
| (C1) | For the purposes of subsection (B1) above 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) | an accused person within the meaning of section 35 remanded under that section to hospital for a report on his mental condition; |
| (d) | an accused person within the meaning of section 36 remanded under that section to hospital for treatment; |
| (e) | a patient in respect of whom there is in force— |
| (ii) | a transfer direction, or |
| (iii) | a hospital direction; |
| (f) | any patient in hospital, not being liable to be detained under this Act. |
| (D1) | In this Part of the Act "carer" has the same meaning as in section 1(1)(a) 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; |
| (d) | the nomination has been forwarded to the appropriate authority and approved in accordance with subsection (1B) below. |
| (1B) | The responsible authority shall approve the nomination of a named person unless— |
| (a) | the named person is of a description specified in regulations made by the appropriate authority; or |
| (b) | the named person appears to be incapable of performing the functions of the nearest relative due to mental disorder. |
| (1C) | The powers conferred on any appropriate authority by subsection (1A) above may be exercised by three or more members of that authority or by three or more members of a committee or sub-committee of that authority which has been authorised by them in that behalf. |
| (1D) | A nomination under subsection (1A) above may be revoked by the nominator in accordance with subsection (1E) below. |
| (1E) | 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. |
| (1F) | The nomination of a named person shall be effective notwithstanding the fact that he has become, after making the nomination, incapable of making a nomination. |
| (1G) | A person nominated under subsection (1) above may decline to be the nominator's named person by giving notice to— |
| (b) | the appropriate authority 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, the "nearest relative" means, in descending order— |
| (b) | 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." |
| (6) | In section 26(4) after "his nearest relative" insert "under subsection 3(b) above". |
| (7) | In section 26(5) leave out "(3)" and insert "(3)(b)". |
| | LORD CARLILE OF BERRIEW
EARL HOWE
BARONESS MEACHER |
| 3 | Page 22, line 39, leave out "in his opinion," and insert "he is satisfied, in accordance with subsection (4A) below, that" |
| 4 | Page 22, line 43, at end insert— |
| "(4A) | If the responsible clinician is not a medical practitioner he shall arrange for the patient to be examined by— |
| (a) | the registered medical practitioner who has been professionally concerned with the medical treatment of the patient; or |
| (b) | if no such practitioner is available, a registered medical practitioner who is an approved clinician; and |
| | the medical practitioner shall, if he believes the conditions are met, make the written recommendation in the prescribed form including a statement that in the opinion of the practitioner the conditions set out in section 3(2) above are complied with." |
| 5 | Page 44, line 38, leave out "53 to" and insert "54 and" |
| 6 | Page 45, line 10, leave out "(including provision within section 53)" |
| 8 | Page 138, leave out line 30 |
| 9 | Page 138, line 33, leave out from beginning to end of line 13 on page 139 |
| 10 | Page 139, leave out lines 15 to 24 |
| 11 | Page 139, leave out lines 27 to 39 |
| 12 | Page 139, leave out lines 42 to 47 |
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