Introduction
List of Abbreviations Used in Explanatory Notes
Background and Summary
Background
Summary
Overview of the Structure
Territorial Extent
Territorial application: Wales
Commentary
Part 1 – Amendments to Mental Health Act 1983
Chapter 1 – Changes to Key Provisions
Section 1: Removal of categories of mental disorder
Schedule 1: Categories of mental disorder: further amendments etc
Section 2: Learning disability
Section 3: Changes to exclusions from operation of 1983 Act
Criteria for detention under the 1983 Act: overview
Section 4: Replacement of “treatability” and “care” tests with appropriate treatment test
Section 5: Further cases in which appropriate treatment test is to apply
Section 6: Appropriate treatment test in Part 4 of 1983 Act
Section 7: Change in definition of “medical treatment”
Section 8: The fundamental principles
Chapter 2 - Professional Roles
Overview
Section 9: Amendments to Part 2 of 1983 Act
Section 10: Amendments to Part 3 of 1983 Act
Section 11: Further amendments to Part 3 of 1983 Act
Section 12: Amendments to Part 4 of 1983 Act
Section 13: Amendments to Part 5 of 1983 Act
Section 14: Amendments to other provisions of 1983 Act
Section 15: Amendments to other Acts
Section 16: Certain registered medical practitioners to be treated as approved under section 12 of 1983 Act
Section 17: Regulations as to approvals in relation to England and Wales
Section 18: Approved mental health professionals
Section 19: Approval of courses etc for approved mental health professionals
Section 20: Amendments to section 62 of Care Standards Act 2000
Section 21: Approved mental health professionals: further amendments and Schedule 2
Section 22: Conflicts of interest
Chapter 3 – Safeguards for Patients
Sections 23-26: Patient’s nearest relative
Sections 27-31: Consent to treatment
Overview of consent to treatment provisions in the 1983 Act
Section 27: Electro-convulsive therapy, etc
Section 28: Section 27: supplemental
Section 29: Withdrawal of consent
Section 30: Independent Mental Health Advocates
Section 31: Accommodation etc
Chapter 4 – Supervised Community Treatment
Section 32: Community treatment orders, etc
Section 33: Relationship with leave of absence
Section 34: Consent to treatment
Section 35: Authority to treat
Section 36: Repeal of provisions for after-care under supervision
Schedule 3: Supervised community treatment: further amendments to 1983 Act
Schedule 4: Supervised community treatment: amendments to other Acts
Chapter 5 - Mental Health Review Tribunals
Section 37: References
Section 38: Organisation
Chapter 6 - Cross-Border Patients
Section 39: Cross-border arrangements
Chapter 7 - Restricted Patients
Section 40: Restriction orders
Section 41: Conditionally discharged patients subject to limitation directions
Chapter 8 - Miscellaneous
Section 42: Offence of ill-treatment: increase in maximum penalty on conviction on indictment
Section 43: Informal admission of patients aged 16 or 17
Section 44: Places of safety
Section 45: Delegation of powers of managers of NHS foundation trusts
Section 46: Local Health Boards
Section 47: Welsh Ministers: procedure for instruments
Part 2 – Amendments to Other Acts
Chapter 1 – Amendments to the Domestic Violence, Crime and Victims Act 2004
Section 48: Victims’ rights and Schedule 6
Chapter 2 - Amendments to Mental Capacity Act 2005
Section 49: Independent mental capacity advocates: exceptions
Section 50: Mental Capacity Act 2005: deprivation of liberty and Schedules 7 to 9
Section 51: Amendment to section 20(11) of Mental Capacity Act 2005
Part 3 - General
Sections 52-59
Section 53 and Schedule 10: Transitional provision and savings
Section 54: Consequential provisions
Section 56: Commencement
Section 57: Commencement of section 36
Section 58: Extent
Transposition Notes
Hansard References
Annex A
Back to top