SCHEDULES

Section 91(2).

SCHEDULE 1 State Hospital Management Committees

Part I

Constitution

1A State Hospital Management Committee shall be a body corporate and shall have a common seal.

2A State Hospital Management Committee shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State thinks fit.

3Not less than one half of the members of a State Hospital Management Committee shall be persons other than medical practitioners.

4The application of the seal of a State Hospital Management Committee to any document shall be attested by at least one member of the Committee and by the person for the time being acting as secretary of the Committee.

5Every document purporting to be an instrument issued by a State Hospital Management Committee and to be sealed and attested as aforesaid or to be duly signed on behalf of the Committee, shall be received in evidence and shall be deemed to be such an instrument without further proof, unless the contrary is shown.

Part II

Supplementary Provisions

6Regulations may make provision—

(a)as to the appointment, tenure and vacation of office of the chairman and other members of a State Hospital Management Committee;

(b)as to the delegation of functions to committees or sub-committees [F1constituted in accordance with the regulations]; and

(c)as to the procedure of a State Hospital Management Committee, its committees and sub-committees.

7The proceedings of a State Hospital Management Committee shall not be invalidated by any vacancy in membership or by any defect in the appointment of any member thereof.

8The following provisions of the M1National Health Service (Scotland) Act 1978 shall apply to a State Hospital Management Committee as they apply to a Health Board, that is to say—

(a)section 77 (which gives default powers to the Secretary of State);

(b)section 78 (which gives emergency powers to the Secretary of State);

(c)sections 85(1), (2A), (4) and (6) (which contain provisions as to expenditure being met by the Secretary of State);

(d)sections 85A(1) and (3) (which impose financial duties); . . . F1

(e)section 86 (which provides for the auditing and examination of accounts) [F2; and]

[F2(f)paragraphs 7A to 7C and 8A of Schedule 1 (which relate to the transfer of staff).]

SCHEDULE 2 Application of Provisions of Part V to Patients Subject to Hospital or Guardianship Orders

Part I Hospital Order Without Restriction Order (Section 60(1)); Transfer From Prison Without Restriction (Section 71)

1Sections 27, 31, [F1to 31B,]32, [F235A,] 53, 54, 55, 56 and 58 shall apply in relation to the patient without modification.

2Sections 22, 28, 29, 30, 33, 35, [F135B,] 57 and 59 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 10 of this Part of this Schedule.

3In section 22—

(a)subsection (1) shall be omitted; and

(b)in subsection (2) for the reference to an application for admission there shall be substituted a reference to the order or direction by virtue of which the patient is liable under Part VI of this Act to be detained.

4In section 28 subsection (4) shall be omitted.

5In section 29(3) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction by virtue of which he was liable under Part VI of this Act to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred.”.

6In section 30—

(a)in subsection (1), for the words “an application for admission” and “day on which he was so admitted” there shall be substituted the words “an order or direction by virtue of which he is liable under Part VI of this Act to be detained” and “date of the relevant order or direction” respectively; and

(b)in subsection (3), for the words “this Part” there shall be substituted the words “Part VI”.

7In section 33—

(a)in subsection (1), for the words “this Part” there shall be substituted the words “Part VI”;

(b)in subsection (4), for “26, [F126A,]30 or 34” there shall be substituted “30”; and

(c)in subsection (5) the words “by the nearest relative of the patient or” shall be omitted. [F2; and

(d)subsection (7) shall be omitted]

8In section 35(1)—

(a)the words “any of sections 26, 30 or 34 of” shall be omitted;

(b)for the words “any of the said sections” there shall be substituted the words “Part V of this Act”; and

(c)the words from “whether” to “both” shall be omitted.

[F18AIn section 35B(1) for the words “an application for admission” there shall be substituted the words “an order or direction by virtue of which he is liable under Part VI of this Act to be detained.” ]

9In section 57(4) for paragraphs (a) and (b) there shall be substituted the words “on the date when the patient ceases to be liable to be detained in pursuance of the order or direction by virtue of which he was liable under Part VI of this Act to be detained (otherwise than on being transferred in pursuance of section 29(1)(b) or (c) of this Act.”.

10In section 59 subsections (1)(b) [F1,(2) and (4)]shall be omitted.

Part II Hospital Order with Restriction Order, (Section 62) and Orders or Directions having the Like Effect (Sections 69, 70 and 72)

1Sections 53, 54, 56 and 58 shall apply in relation to the patient without modification.

2Section 22, 27, 28, 29, 55, 57 and 59 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 9 of this Part of this Schedule.

3In section 22—

(a)subsection (1) shall be omitted;

(b)in subsection (2) for the words “application under this Part” there shall be substituted the words “order or direction by virtue of which he is liable under Part VI of this Act to be detained” and paragraph (b) shall be omitted;

(c)subsections (3) and (4) shall be omitted.

4In section 27—

(a)in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;

(b)in subsection (2) the word “either” and the words from “or from any specified period” to the end of the subsection shall be omitted; and

[F1(bb)subsections (2A) to (2C) shall be omitted;]

(c)in subsection (5) after the words “responsible medical officer” and after the words “that officer” there shall be inserted the words “or the Secretary of State”.

5In section 28 subsections (3) and (4) shall be omitted.

[F16 In section 29—

(a)for subsection (1) there shall be substituted—

“(1)A patient who is for the time being detained in a hospital or a hospital unit specified in a restriction order or a hospital direction or notified to the Secretary of State under section 62(1A) or 62A(2) of this Act may, with the consent of the Secretary of State, be transferred by the managers of the hospital—

(a)to another hospital, with the consent of the managers of that hospital; or

(b)to another hospital unit—

(i)in the hospital managed by them; or

(ii)in another hospital with the consent of the managers of that hospital.”;

(b)in subsection (2)—

(i)after the word “hospital” there shall be inserted the words “within which or”; and

(ii)the words after “transferred” shall be omitted; and

(c)in subsection (3) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction by virtue of which he was liable under Part VI of this Act to be detained before being transferred were an order or direction for his admission or removal to the hospital or hospital unit to which he is transferred.”.]

7In section 55 subsection (3) shall be omitted.

8In section 57(4) for paragraphs (a) and (b) there shall be substituted the words “on the date when the patient ceases to be liable to be detained in pursuance of the order or direction by virtue of which he was liable under Part VI of this Act to be detained (otherwise than on being transferred in pursuance of section 29(1)(b) or (c) of this Act.)”.

9In section 59, subsections (1)(b) [F1,(2) and (4)] shall be omitted.

Part III Guardianship Order (Section 61(2))

1Sections 43, 44, 46, 48, [F1to 48B], 53, 55, 56 and 58 shall apply in relation to the patient without modification.

2Sections 41, 45, 47, 49, 50, 52, 57 and 59 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 10 of this Part of this Schedule.

3In section 41—

(a)in subsection (1) for the words “an application under this Part of this Act” and “the application” there shall be substituted the words “a guardianship order” and “the order” respectively; and

(b)in subsection (2) for the words from “Where” to “shall” and “named in the application” there shall be substituted the words “Where a guardianship order has been made in respect of a patient the order shall” and “named in the order” respectively.

4In section 45(1) and (3) for the words “guardianship application” there shall be substituted the words “guardianship order”.

5In section 47—

(a)in subsection (1) for the words “guardianship application” and “the day on which he was so received” there shall be substituted the words “guardianship order” and “the date of the order” respectively;

(b)in subsection (3) for the words “this Part” there shall be substituted the words “Part VI”.

6In section 49(1) for the words “this Part” there shall be substituted the words “Part VI”.

7In section 50—

(a)in subsection (1) for the words “this Part” there shall be substituted the words “Part VI”;

(b)in subsection (5) for the words “sections 47 or 51” there shall be substituted the words “section 47”; and

(c)subsection (6) shall be omitted.

8In section 52(1)—

(a)for the words “either of sections 47 or 51” and “either of the said sections” there shall be substituted the words “section 47” and “the said section” respectively; and

(b)the words from “whether” to “both” shall be omitted.

9In section 57(4) for paragraphs (a) and (b) there shall be substituted the words “on the date when the patient ceases to be subject to guardianship under this Act”.

10In section 59(1)—

(a)in subsection (1) paragraph (a) shall be omitted; and

(b)in subsection (2) for paragraphs (a) and (b) there shall be substituted the words “to the local authority to whose guardianship he is subject or who approved his guardian.”. [F1; and

(c)subsection (4) shall be omitted.]