CONTENTS

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1. Part 1

   Amendments to Mental Health Act 1983

   1. Chapter 1

      Changes to key provisions

      1. Mental disorder

         1. 1. Removal of categories of mental disorder

         2. 2. Learning disability

         3. 3. Changes to exclusions from operation of 1983 Act

      2. Tests for detention etc

         1. 4. Replacement of “treatability” and “care” tests with appropriate treatment test

         2. 5. Further cases in which appropriate treatment test is to apply

      3. Medical treatment

         1. 6. Appropriate treatment test in Part 4 of 1983 Act

         2. 7. Change in definition of “medical treatment”

      4. Fundamental principles

         1. 8. The fundamental principles

   2. Chapter 2

      Professional roles

      1. Approved clinicians and responsible clinicians

         1. 9. Amendments to Part 2 of 1983 Act

         2. 10. Amendments to Part 3 of 1983 Act

         3. 11. Further amendments to Part 3 of 1983 Act

         4. 12. Amendments to Part 4 of 1983 Act

         5. 13. Amendments to Part 5 of 1983 Act

         6. 14. Amendments to other provisions of 1983 Act

         7. 15. Amendments to other Acts

         8. 16. Certain registered medical practitioners to be treated as approved under section 12 of 1983 Act

         9. 17. Regulations as to approvals in relation to England and Wales

      2. Approved mental health professionals

         1. 18. Approved mental health professionals

         2. 19. Approval of courses etc for approved mental health professionals

         3. 20. Amendment to section 62 of Care Standards Act 2000

         4. 21. Approved mental health professionals: further amendments

      3. Conflicts of interest in professional roles

         1. 22. Conflicts of interest

   3. Chapter 3

      Safeguards for patients

      1. Patient’s nearest relative

         1. 23. Extension of power to appoint acting nearest relative

         2. 24. Discharge and variation of orders appointing nearest relative

         3. 25. Restriction of nearest relative’s right to apply to tribunal

         4. 26. Civil partners

      2. Consent to treatment

         1. 27. Electro-convulsive therapy, etc.

         2. 28. Section 27: supplemental

         3. 29. Withdrawal of consent

      3. Advocacy

         1. 30. Independent mental health advocates

      4. Accommodation, etc.

         1. 31. Accommodation, etc.

   4. Chapter 4

      Supervised community treatment

      1. 32. Community treatment orders, etc

      2. 33. Relationship with leave of absence

      3. 34. Consent to treatment

      4. 35. Authority to treat

      5. 36. Repeal of provisions for after-care under supervision

   5. Chapter 5

      Mental Health Review Tribunals

      1. 37. References

      2. 38. Organisation

   6. Chapter 6

      Cross-border patients

      1. 39. Cross-border arrangements

   7. Chapter 7

      Restricted patients

      1. 40. Restriction orders

      2. 41. Conditionally discharged patients subject to limitation directions

   8. Chapter 8

      Miscellaneous

      1. 42. Offence of ill-treatment: increase in maximum penalty on conviction on indictment

      2. 43. Informal admission of patients aged 16 or 17

      3. 44. Places of safety

      4. 45. Delegation of powers of managers of NHS foundation trusts

      5. 46. Local Health Boards

      6. 47. Welsh Ministers: procedure for instruments

2. Part 2

   Amendments to other Acts

   1. Chapter 1

      Amendments to Domestic Violence, Crime and Victims Act 2004

      1. 48. Victims' rights

   2. Chapter 2

      Amendments to Mental Capacity Act 2005

      1. 49. Independent mental capacity advocacy service: exceptions

      2. 50. Mental Capacity Act 2005: deprivation of liberty

      3. 51. Amendment to section 20(11) of Mental Capacity Act 2005

3. Part 3

   General

   1. 52. Meaning of “1983 Act”

   2. 53. Transitional provisions and savings

   3. 54. Consequential provisions

   4. 55. Repeals and revocations

   5. 56. Commencement

   6. 57. Commencement of section 36

   7. 58. Extent

   8. 59. Short title

4. 1. Schedule 1

      Categories of mental disorder: further amendments etc

      1. Part 1

         Amendments to 1983 Act

      2. Part 2

         Amendments to other Acts

   2. Schedule 2

      Approved mental health professionals: further amendments to 1983 Act

   3. Schedule 3

      Supervised community treatment: further amendments to 1983 Act

   4. Schedule 4

      Supervised community treatment: amendments to other Acts

   5. Schedule 5

      Cross-border arrangements

      1. Part 1

         Amendments to Part 6 of 1983 Act

      2. Part 2

         Related amendments

   6. Schedule 6

      Victims' rights

   7. Schedule 7

      Mental Capacity Act 2005: new Schedule A1

   8. Schedule 8

      Mental Capacity Act 2005: new Schedule 1A

   9. Schedule 9

      Amendments relating to new section 4A of,& Schedule A1 to, Mental Capacity Act 2005

      1. Part 1

         Other amendments to Mental Capacity Act 2005

      2. Part 2

         Amendments to other Acts

   10. Schedule 10

       Transitional provisions and savings

   11. Schedule 11

       Repeals and revocations

       1. Part 1

          Removal of categories of mental disorder

       2. Part 2

          Replacement of “treatability” and “care” tests

       3. Part 3

          Approved clinicians and responsible clinicians

       4. Part 4

          Safeguards for patients

       5. Part 5

          Supervised community treatment

       6. Part 6

          Organisation of tribunals

       7. Part 7

          Cross-border arrangements

       8. Part 8

          Restricted patients

       9. Part 9

          Miscellaneous

       10. Part 10

           Deprivation of liberty