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PART 1 continued CHAPTER 5 continued
(5) Provision made by virtue of subsection (3) above may require or authorise the managers of a hospital determined in accordance with the order to refer the patient’s case to a Mental Health Review Tribunal.
(6) In so far as making provision by virtue of subsection (3) above, the order—
(a) may make different provision for different cases;
(b) may make provision which applies subject to specified exceptions.
(7) Where the appropriate national authority for one territory makes an order under subsection (1) above, the appropriate national authority for the other territory may by order make such provision in consequence of the order as it thinks fit.
(8) An order made under subsection (7) above may, in particular, make provision for a case within subsection (3) above (and subsections (4) to (6) above shall apply accordingly).
(9) In this section, “the appropriate national authority” means—
(a) in relation to a hospital in England, the Secretary of State;
(b) in relation to a hospital in Wales, the Welsh Ministers.”
(4) In section 71 (references by Secretary of State concerning restricted patients), after subsection (3) insert—
“(3A) An order under subsection (3) above may include such transitional, consequential, incidental or supplemental provision as the Secretary of State thinks fit.”
(5) In section 143 (general provisions as to regulations, orders and rules)—
(a) in subsection (2)—
(i) after “order made” insert “by the Secretary of State”, and
(ii) after “54A” insert “or 68A(7)”, and
(b) in subsection (3)—
(i) after “made” insert “by the Secretary of State”, and
(ii) for “68(4)” substitute “68A(1)”.
(6) In Part 1 of Schedule 1 to that Act (application of certain provisions to patients subject to hospital and guardianship orders: patients not subject to special restrictions)—
(a) in paragraph 2—
(i) for “and 66” substitute “, 66 and 68”, and
(ii) for “to 9” substitute “to 10”, and
(b) after paragraph 9 insert—
“10 In section 68—
(a) in subsection (1) paragraph (a) shall be omitted; and
(b) subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1), but not otherwise.”
(1) The 1983 Act is amended as follows.
(2) In section 65 (Mental Health Review Tribunals), for subsections (1) to (1C) substitute—
“(1) There shall be—
(a) a Mental Health Review Tribunal for England; and
(b) a Mental Health Review Tribunal for Wales.
(1A) The purpose of the Mental Health Review Tribunals is to deal with applications and references by and in respect of patients under the provisions of this Act.”
(3) In section 78 (procedure of tribunals)—
(a) in subsections (2)(a) and (k) and (6), for “chairman” substitute “President”,
(b) in subsection (2)(a), for “any other” substitute “the other”,
(c) in subsections (2)(b) and (4)(b), for “another” substitute “the other”,
(d) in subsection (4)(a), for “president” substitute “chairman”, and
(e) in subsection (6) omit “, if for any reason he is unable to act,”.
(4) In section 79 (interpretation of Part 5), for subsection (7) substitute—
“(7) For the purposes of this Part of this Act—
(a) the area of the Mental Health Review Tribunal for England is England; and
(b) the area of the Mental Health Review Tribunal for Wales is Wales.”
(5) Schedule 2 (Mental Health Review Tribunals) is amended as set out in subsections (6) to (9).
(6) For paragraph 3 substitute—
“3 (1) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for England to be the President of that tribunal.
(2) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for Wales to be the President of that tribunal.”
(7) In paragraph 4—
(a) for “chairman”, in each place, substitute “President”, and
(b) omit “, if for any reason he is unable to act,”.
(8) In paragraph 5—
(a) for “any area” substitute “one area”, and
(b) for “any other” substitute “the other”.
(9) In paragraph 6—
(a) for “chairman”, in each place, substitute “President”, and
(b) for “president”, in each place, substitute “chairman”.
(1) At the end of section 17 of the 1983 Act (leave of absence) insert—
“(6) Subsection (7) below applies to a person who is granted leave by or by virtue of a provision—
(a) in force in Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man; and
(b) corresponding to subsection (1) above.
(7) For the purpose of giving effect to a direction or condition imposed by virtue of a provision corresponding to subsection (3) above, the person may be conveyed to a place in, or kept in custody or detained at a place of safety in, England and Wales by a person authorised in that behalf by the direction or condition.”
(2) Schedule 5 (which contains amendments to Part 6 of the 1983 Act and related amendments) has effect.
(1) In section 41(1) of the 1983 Act (restriction orders) omit the words “, either without limit of time or during such period as may be specified in the order”.
(2) In section 42(4)(b) of the 1983 Act (powers in respect of patients subject to restriction orders) omit the words from “, and, if the restriction order was made for a specified period,” to the end.
(3) In the following provisions omit the words “, made without limitation of time”—
(a) section 44(3) of the 1983 Act (committal to hospital),
(b) section 84(2) of the 1983 Act (removal from Islands), and
(c) section 10(3)(a) of the Colonial Prisoners Removal Act 1884 (c. 31) (criminal lunatics).
(4) In section 81(7) of the 1983 Act (removal to Northern Ireland: expiry of restriction order or direction) omit (in each place) “restriction order or”.
(5) In section 81A(3) of the 1983 Act (transfer of responsibility for patient to Northern Ireland: expiry of restriction order or direction)—
(a) omit (in each place) “restriction order or”, and
(b) omit “order or”.
(6) In section 91(2) of the 1983 Act (patients removed from England and Wales: revival of order on return) omit the words “at any time before the end of the period for which those orders would have continued in force”.
(7) But subsections (3) to (6) shall have no effect in respect of—
(a) a restriction order for a specified period made before subsection (1) comes into force, or
(b) an order made outside England and Wales which is treated under the 1983 Act as if it were a restriction order for a specified period.
In section 75(3) of the 1983 Act (power of Mental Health Review Tribunal to direct that restriction order, etc. is to cease to have effect)—
(a) in paragraph (b), after “restriction order”, insert “, limitation direction”, and
(b) after “hospital order”, insert “, hospital direction”.
In section 127 of the 1983 Act (ill-treatment or wilful neglect of patients), in subsection (3)(b), for “two years” substitute “five years”.
In section 131 of the 1983 Act (informal admission of patients), for subsection (2) substitute—
“(2) Subsections (3) and (4) below apply in the case of a patient aged 16 or 17 years who has capacity to consent to the making of such arrangements as are mentioned in subsection (1) above.
(3) If the patient consents to the making of the arrangements, they may be made, carried out and determined on the basis of that consent even though there are one or more persons who have parental responsibility for him.
(4) If the patient does not consent to the making of the arrangements, they may not be made, carried out or determined on the basis of the consent of a person who has parental responsibility for him.
(5) In this section—
(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; and
(b) “parental responsibility” has the same meaning as in the Children Act 1989.”
(1) The 1983 Act is amended as follows.
(2) In section 135 (warrant to search for and remove patients), after subsection (3) insert—
“(3A) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the period of 72 hours mentioned in subsection (3) above, take a person detained in a place of safety under that subsection to one or more other places of safety.
(3B) A person taken to a place of safety under subsection (3A) above may be detained there for a period ending no later than the end of the period of 72 hours mentioned in subsection (3) above.”
(3) In section 136 (mentally disordered persons found in public places), after subsection (2) insert—
“(3) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the period of 72 hours mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety.
(4) A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of the period of 72 hours mentioned in that subsection.”
(1) In section 23(6) of the 1983 Act (delegation of NHS foundation trust’s power to discharge patients), for the words from “non-executive directors” to the end substitute “persons authorised by the board of the trust in that behalf each of whom is neither an executive director of the board nor an employee of the trust.”
(2) In section 32(3) of the 1983 Act (power to make provision about how hospital managers' functions under Part 2 of that Act are to be exercised), after “23(4)” insert “and (6)”.
(3) After section 142A of the 1983 Act (inserted by section 17 of this Act), insert—
(1) The constitution of an NHS foundation trust may not provide for a function under this Act to be delegated otherwise than in accordance with provision made by or under this Act.
(2) Paragraph 15(3) of Schedule 7 to the National Health Service Act 2006 (which provides that the powers of a public benefit corporation may be delegated to a committee of directors or to an executive director) shall have effect subject to this section.”
(1) The 1983 Act is amended as follows.
(2) In section 19(3) (removal of patients), after “NHS foundation trust”, in each place, insert “, Local Health Board”.
(3) In section 145(1) (interpretation)—
(a) in the definition of “hospital”, after paragraph (b) insert “; and
(c) any hospital as defined by section 206 of the National Health Service (Wales) Act 2006 which is vested in a Local Health Board;”, and
(b) in the definition of “the managers”, after paragraph (bc) insert—
“(bd) in relation to a hospital vested in a Local Health Board, the Board;”.
(1) Section 143 of the 1983 Act (general provisions as to regulations, orders and rules) is amended as follows.
(2) In subsection (2), for “or rules made” substitute “made by the Secretary of State, or rules made,”.
(3) After subsection (3) insert—
“(3A) Subsections (3B) to (3D) apply where power to make regulations or an order under this Act is conferred on the Welsh Ministers (other than by or by virtue of the Government of Wales Act 2006).
(3B) Any power of the Welsh Ministers to make regulations or an order shall be exercisable by statutory instrument.
(3C) Any statutory instrument containing regulations, or an order under section 68A(7) above, made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3D) No order shall be made under section 68A(1) above by the Welsh Ministers unless a draft of it has been approved by a resolution of the National Assembly for Wales.
(3E) In this section—
(a) references to the Secretary of State include the Secretary of State and the Welsh Ministers acting jointly; and
(b) references to the Welsh Ministers include the Welsh Ministers and the Secretary of State acting jointly.”
Mental Health Act 2007