“(4A)Subsection (2) does not apply to a statutory instrument containing regulations made by the Secretary of State under Schedule A1. as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above. 3, Sch. . a Primary Care Trust or Local Health Board to secure that the patient is examined by a registered medical practitioner of a description specified in the order; the registered medical practitioner to examine the patient with a view to making a decision about his case by reference to criteria specified in the order. ” means a patient in respect of whom a community treatment order is in force; ”, in relation to such a patient, means the community treatment order in force in respect of him; and. (4)The responsible clinician must inform the managers of the relevant hospital if he is considering making—. Anything done by or in relation to the old supervisory body in connection with the authorisation has effect, so far as is necessary for continuing its effect after the change, as if done by or in relation to the new supervisory body. . (a)in the case of a patient who is admitted to a hospital in pursuance of an application for admission for assessment, the day on which the patient was so admitted; (b)in the case of a patient who is admitted to a hospital in pursuance of an application for admission for treatment—, (i)the day on which the patient was so admitted; or. . Their legal redress is through the Court of Protection, which is not free, rather than. . If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (2) below are met, the authority may authorise the transfer of responsibility for him to Scotland. 79An urgent authorisation must be in writing. In paragraph 2, for “17 to 19” substitute. (2)In section 8 (supplementary provisions as to retrial), after subsection (3A) insert—, “(3B)If the person ordered to be retried—. In subsection (3) after “restriction order” insert, Patients absent from hospitals in England and Wales. You (2)A Part 4A certificate shall be in such form as may be prescribed by regulations made by the appropriate national authority. If, on the basis of the information taken into account in carrying out the assessment, it appears to the assessor that there is an unauthorised deprivation of liberty, he must include a statement to that effect in the assessment. 2008/745, art. (2)In sub-paragraph (1), omit the words “(within the meaning of the Mental Health Act)”. 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 80 (removal of patients to Scotland) (the cross-heading immediately above which becomes “Removal to and from Scotland”), in subsection (1), omit the words “or subject to guardianship” and the words “or, as the case may be, for receiving him into guardianship”. whether the relevant person meets one or more of the qualifying requirements; the period during which the standard authorisation is to be in force; the purpose for which the standard authorisation is given; the conditions subject to which the standard authorisation is given. a condition that, if it is proposed to give a certificate under Part 4A of this Act in his case, he make himself available for examination so as to enable the certificate to be given. . 3, 4), Before Schedule 1 to the Mental Capacity Act 2005 (c. 9) insert—. the relevant person's spouse or civil partner; where the relevant person and another person of the opposite sex are not married to each other but are living together as husband and wife: the other person; where the relevant person and another person of the same sex are not civil partners of each other but are living together as if they were civil partners: the other person; the relevant person's children and step-children; the relevant person's parents and step-parents; the relevant person's brothers and sisters, half-brothers and half-sisters, and stepbrothers and stepsisters; a deputy appointed for the relevant person by the court; a donee of a lasting power of attorney granted by the relevant person. Mental Health 2,600 Children's Services 10,484 Economic Services 46,636 liable to be detained under the 1983 Act (otherwise than by virtue of section 4, 5(2) or (4), 135 or 136 of that Act), subject to guardianship under that Act, or. 2(d); Sch. The latter have upheld, treatment without consent on mentally capable patients on the basis of “medical necessity” rather than, The treatability test was the single key issue in the Bill for civil libertarians, the Royal College of, – and its abolition, the crossing of the Rubicon from a, health measure to one of preventive detention. There are currently no known outstanding effects for the Mental Health Act 2007. section 4 (replacement of “treatability” and “care” tests with appropriate treatment test). 6 not in force at Royal Assent see s. 56(1); Sch. is admitted to, or remains in, a hospital in pursuance of such arrangements as are mentioned in section 131(1) above. the authority for the detention or guardianship of a person in pursuance of such an application. . (b)the supervisory body have written copies of all those assessments. 5 para. However. (3)“The responsible hospital”, in his case, means the hospital to which he is treated as having been admitted by virtue of subsection (2) above, subject to section 19A above. 4 in force for specified purposes at 1.4.2008 by S.I. . In section 69(2)(b), the words “45B(2), 46(3),”. (b)in subsection (3), for “to (4)” substitute “ and (3) ”. Y1 - 2011/12. 24 not in force at Royal Assent see s. 56(1); Sch. The supervisory body must comply with this paragraph when (or at some time before) they comply with paragraph 135. a reference has been made in respect of the patient under subsection (7) below. . The first condition is that, when giving the treatment, the person reasonably believes that the patient lacks capacity to consent to it or, as the case may be, is not competent to consent to it. mentioned in section 42(2) to be the victim of the offence or to act for the victim of the offence, when his wishes are ascertained under section 42(2), expresses a wish—, to make representations about a matter specified in section 42(3), or. (2)Expressions used in this paragraph and any of sections 24, 25 or 26 have the same meaning in this paragraph as in that section. . (6)The [F15relevant probation body]F15 has the meaning given in section 37(8).”, F13Words in Sch. 113(1)In carrying out a review assessment, the assessor must comply with any duties which would be imposed upon him under Part 4 if the assessment were being carried out in connection with a request for a standard authorisation. The Secretary of State may by order made by statutory instrument make supplementary, incidental or consequential provision for the purposes of, in consequence of, or for giving full effect to a provision of this Act. The order may, in respect of a recommendation made by virtue of subsection (3)(b) or (c)—. Education Act (IDEA) Part B, as of December 1, 2010 Diagnostic Category Number ... Department of Social and Health Services: June 2007 - July 2008 Based upon unduplicated count of children within each service category. If, by virtue of section 26 (civil partners) coming into force, a person ceases to be a patient's nearest relative, this does not affect—. Equivalent assessment already carried out. . ” means a person approved by the Secretary of State (in relation to England) or by the Welsh Ministers (in relation to Wales) to act as an approved clinician for the purposes of this Act; In section 116B(5) of the Army Act 1955 (3 & 4 Eliz. 2 in force insofar as not already in force for W. at 3.11.2008 by S.I. (2)In subsection (3), for “with a restriction order” substitute “ , whether with or without a restriction order, ”. 2 para. (b)paragraph 124 (effect of request on Part 8 review). (a)after “this Act” insert “ or is a community patient ”, and, “(c)the tribunal shall direct the discharge of a community patient if they are not satisfied—, (i)that he is then suffering from mental disorder or mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment; or, (ii)that it is necessary for his health or safety or for the protection of other persons that he should receive such treatment; or, (iii)that it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) above to recall the patient to hospital; or, (iv)that appropriate medical treatment is available for him; or, (v)in the case of an application by virtue of paragraph (g) of section 66(1) above, that the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself.”, “(1A)In determining whether the criterion in subsection (1)(c)(iii) above is met, the tribunal shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were to continue not to be detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder).”, “(3A)Subsection (1) above does not require a tribunal to direct the discharge of a patient just because they think it might be appropriate for the patient to be discharged (subject to the possibility of recall) under a community treatment order; and a tribunal—, (a)may recommend that the responsible clinician consider whether to make a community treatment order; and, (b)may (but need not) further consider the patient's case if the responsible clinician does not make an order.”, I32Sch. any report already furnished in respect of him under subsection (2) above shall be of no effect. In subsection (1), in the definition of “local authority” after “ “local authority”” insert. “approved clinician” has the same meaning as in the 1983 Act, “the commencement date” means the date on which section 30 comes into force, and. (4)If the restriction order to which the patient was subject immediately before the transfer was of limited duration, the restriction order to which he is subject by virtue of subsection (3) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.”, I38Sch. “(aa)what conditions he should be subject to in the event of his discharge from hospital under a community treatment order;”. (a)paragraph 102(3)(b) (request for review under Part 8); (b)paragraph 108(1)(b) (notice of review under Part 8); (c)paragraph 120(1)(c) (notice of outcome of review under Part 8). a decision made by a donee or deputy or the Court of Protection. . (a)whether or not to include particular provision (“the proposed provision”) in an order under section 16(2)(a); (b)whether or not to give a standard authorisation under Schedule A1. (2)But in the case of a best interests review assessment, paragraphs 43 and 44 do not apply. . (1)Section 143 of the 1983 Act (general provisions as to regulations, orders and rules) is amended as follows. I17Sch. (3)This paragraph does not require the supervisory body to give notice to any person who has requested the review. A person is authorised to give relevant treatment to a patient as mentioned in section 64E(6)(b) above if the conditions in subsections (2) to (5) below are met. 9 not in force at Royal Assent see s. 56(1); Sch. (b)the assessment comes to the conclusion that the relevant person is not a detained resident. . This section applies if a community treatment order is revoked under section 17F above in respect of a patient. the hospital in which the patient is detained, or. 11U.K.In section 48 (further power to make transfer direction)—, (a)in subsection (1), for the words from “that person is suffering” to “such treatment,” substitute—, “(a)that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and, (b)he is in urgent need of such treatment;”, and. 2008/2561}, art. (1)This Part of this Act is to be construed as follows. at 1.10.2007 by S.I. P, has broadened the scope of compulsory powers in hospital and in. But if the required request is disposed of before the end of that period, the urgent authorisation ceases to be in force as follows. 89(1)An urgent authorisation ceases to be in force at the end of the period stated in the authorisation in accordance with paragraph 80(c) (subject to any variation in accordance with paragraph 85). . (b)that it appears to the supervisory body that the detention is authorised. T, wishes and feelings of patients who are capable of making their own choices would have been a, in their report on reforming the mental health law in Northern Ireland, so that the treatment of people, who lack capacity for both physical and mental illness should proceed under the same principles, Joint Committee on Human Rights has argued that there is a rational and objective justification, in, relation to decisions about treatment, for treating differently a person suffering from a condition which, seriously impairs his or her mental capacity to choose whether to accept treatment, from someone whose, mental capacity for decision-making is not so seriously impaired, included in General Medical Council principles, and is a criterion for admission in other jurisdictions, for, detained patients, particularly those who had been, incapacity in psychiatric in-patients British Journal of, capacity test worked with a high level of reliability (Cairns, et al (2005) Reliability of mental capacity assessments in, psychiatric in-patients British Journal of P, and treated without their consent is consistent with the, guidance the GMC issues to doctors, in which we make, patients who have capacity to make their own decision, ...These are fundamental principles of good medical, practice which we would expect to see applied to decisions, involving patients with mental disorders in the same way, as those suffering from physical conditions”. “(8)In this section, “establishment of any description” has the same meaning as in section 119 above.”. The responsible clinician may at any time release the patient under this section, but not after the community treatment order has been revoked. . (4)A patient is transferred from one territory to the other if—. 5 para. The statement referred to in subsection (4) above is a statement in writing by an approved mental health professional—, that it appears to him that the conditions set out in subsection (6) above are satisfied; and. 5 para. In section 43 (detention of accused), after subsection (3) insert—. On the commencement of the repeal of an enactment mentioned in subsection (1), (2) or (3) by the Armed Forces Act 2006, that subsection shall also cease to have effect. This paragraph applies if a standard authorisation is suspended in accordance with Part 6. he is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; In section 37 (power to order hospital admission or guardianship)—, in subsection (2)(a), for “mental illness, psychopathic disorder, severe mental impairment or mental impairment” substitute. (e)he is transferred or removed under section 123 below from a hospital in one territory to a hospital in the other. (4)Within the period of two months ending on the day on which the order would cease to be in force in default of an extension under this section, it shall be the duty of the responsible clinician—. 44 not in force at Royal Assent see s. 56(1); s. 44 in force at 30.4.2008 by S.I. If a hospital is situated in the areas of two (or more) Primary Care Trusts, it is to be regarded for the purposes of sub-paragraph (4) as situated in whichever of the areas the greater (or greatest) part of the hospital is situated. 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. . the order or direction under Part 3 of that Act and the community treatment order shall continue in force until the relevant time (as defined in subsection (3A)) as if his conviction had not been quashed. 100(1)The new supervisory body becomes the supervisory body in relation to the authorisation. (a)when his wishes were ascertained under section 42(2), expressed a wish to receive the information specified in section 42(4), or, (1)This section applies if, in a case where section 42 applies—, (a)the transfer direction in respect of the patient was given with a restriction direction, and. 48A no refusals assessment is an assessment of whether the relevant person meets the no refusals requirement. ” shall be construed in accordance with section 4(8) of the Care Standards Act 2000. Appointment regulations may make provision about who may, or may not, be—, selected for appointment as a representative, or, Regulations under this paragraph may relate to any of the following matters—. 3, Sch.). 2008/1900, arts. (1)This section applies if, in a case where section 39 applies—, (a)the limitation direction in respect of the offender ceases to be in force, and. 2008/2788}, art. In both cases this includes a level of, intoxication that does not cause lasting harm or, dependence. P objects to being a mental health patient etc. (2)The managing authority must notify the supervisory body that this section applies. (3)The second condition is that the managing authority of the relevant hospital or care home are satisfied that the relevant person has ceased to meet the eligibility requirement. In section 66 of the 1983 Act (applications to tribunal), in subsection (1)(h) after “section 29 above” insert “ on the ground specified in paragraph (c) or (d) of subsection (3) of that section ”. (2)This Part does not require the supervisory body to take any action in respect of the standard authorisation. Subject to the provisions of this section and section 25 below, a community patient shall cease to be liable to recall under this Part of this Act, and the application for admission for treatment cease to have effect, if an order in writing discharging him from such liability is made in accordance with this section. (2)Sections 25A to 25J (after-care under supervision) are omitted. eligible to carry out such a best interests assessment. 34(1)Section 145 (interpretation) is amended as follows.U.K. . The Millan. The relevant hospital has the meaning given in section 36A(6). that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations; for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations. (3)In the following provisions omit the words “, made without limitation of time”—. In sub-paragraph (1), omit the words “(within the meaning of the Mental Health Act)”. . (9)In the following provisions, for “responsible medical officer” substitute “ responsible clinician ”, (a)section 45B(3) (requirement to produce report on person subject to hospital and limitation directions), and. 5 not in force at Royal Assent see s. 56(1); Sch. the assessment comes to the conclusion that the relevant person is not a detained resident. No steps are to be taken in connection with the review under this Part until the request for the new standard authorisation has been disposed of. Then I will present a description of mathematics class. (2)The duties imposed on, and the powers exercisable by, the section 39A IMCA do not apply. (5)The responsible clinician may at any time release the patient under this section, but not after the community treatment order has been revoked. (b)the treatment is completed or discontinued. 2008/1900, art. 2008/745, arts. The Whole Act you have selected contains over 200 provisions and might take some time to download. 2012/1319, art. . (3)The local probation board [F20or provider of probation services]F20 must—. (4)Nothing in this section prevents a patient from being recalled to a hospital even though he is already in the hospital at the time when the power of recall is exercised; references to recalling him shall be construed accordingly. (3)Those steps must be taken as soon as is practicable after the authorisation is given. (b)a different body (“the new supervisory body”) have become supervisory body in relation to the standard authorisation. 13, 9U.K. But the certificate requirement does not apply if—, giving the treatment to the patient is authorised in accordance with section 64G below; or, the treatment is immediately necessary and—, the patient has capacity to consent to it and does consent to it; or. No government is likely to re-, and a right to assessment of mental health needs, were all in the Richardson Committee framework and, for all patients liable to be detained whether under P, minors under 18 years of age and in discussing section, managers shall consult a person who appears to them to, have knowledge or experience of cases involving patients, under 18 years old. In section 118(1)(a) (application of code of practice), for “approved social workers” substitute. The second condition is that the existing assessment complies with all requirements under this Schedule with which the required assessment would have to comply (if it were carried out). within compulsory powers, even if they fall within the definition of mental disorder, requires the definition of mental disorder to be very clear in order for ex, by providing legal certainty; guaranteeing individual autonomy; and ensuring that the, powers of detention are used no more than strictly necessary. Section 36 (victims' rights: preliminary) is amended as follows. (6)The fifth condition is that giving the treatment does not conflict with—, (a)an advance decision which he is satisfied is valid and applicable; or. (1)This section applies to the following forms of medical treatment for mental disorder—. Act you have selected contains over 11 omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. (a)in subsection (3), for “registered medical practitioner who would be in charge of his treatment” substitute “ approved clinician who would have overall responsibility for his case ”, (b)in subsection (4), for “responsible medical officer” substitute “ responsible clinician ”, and. . Any person who has power to make an order for discharge in respect of the patient under section 23(3) of the Mental Health Act 1983 must inform the managers of the relevant hospital if he is to make that order. (d)involvement of patients in planning, developing and delivering care and treatment appropriate to them. On expiry of the period of six months beginning with the applicable day, the managers of the hospital shall refer the patient's case to a Mental Health Review Tribunal. 148Regulations may make provision about the circumstances in which the appointment of a person as the relevant person's representative ends or may be ended. (a)in subsection (1)(b) (powers of tribunal to direct discharge of patient not liable to be detained under section 2), after sub-paragraph (ii) insert—, “(iia)that appropriate medical treatment is available for him; or”, and. (a)an authorisation under Schedule A1 is in force in relation to a person (“P”), (b)the appointment of a person as P's representative ends in accordance with regulations made under Part 10 of Schedule A1, and. inclusion of a new condition (whether or not there are already any existing conditions). 2008/1900, arts. . 8[F31(1)Section 42 is amended as follows.U.K. Schedule 10 (which contains transitional provisions and savings) has effect. the provision ceases to have effect for as long as the person remains ineligible. P becomes subject to Schedule A1 in any of the following cases. (2)If responsibility for a community patient is assigned to another hospital—. 3 para. Subject to that, a relevant statutory instrument is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (a)he is liable to be detained by virtue of an application for admission for treatment; (b)he is subject to guardianship by virtue of a guardianship application; or, (3)“The relevant application”, in relation to a qualifying patient, means—. When ( or at some time to download title to which P is detained, or is likely give! Makes a request under paragraph 162 section 130C ( 3 ) the supervisory body to extend the duration of relevant! Have effect practitioner in renewals, F15Words in Sch Health review tribunal under section above... But not if— care Trust commissions the relevant managing authority of the.... The “ appropriate authority ” after “ restriction order, etc. of intelligence social. Kind listed in the certificate requirement is a review assessment, the relevant person meets mental. Different options to go to these specific points in time already furnished in respect of extension. 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