Обзорная сводка о состоянии здоровья в Украине, 2005
In section 118 of the Mental Health Act 1983 (duty to prepare code of practice, including principles which the person making it thinks should inform decisions under the Act) for subsection (2B) substitute—
Section 118 of the Mental Health Act 1983 is amended as follows.
In subsection (1), for “Secretary of State” substitute “appropriate national authority”.
In subsection (2)—
for “The code” substitute “A code prepared under this section”;
for “Secretary of State” substitute “appropriate national authority”.
In subsection (2A)—
for “The code” substitute “A code prepared under this section”;
for “Secretary of State” substitute “appropriate national authority”.
In subsection (2C), for “Secretary of State” substitute “appropriate national authority”.
For subsection (2D) substitute—
For subsection (3) substitute—
In subsection (4), for “the code and of any alteration in the code” substitute “any code prepared by the Secretary of State under this section and any alteration in such a code”.
After subsection (5) insert—
In subsection (6) for “Secretary of State” substitute “appropriate national authority”.
After subsection (7) insert—
The Mental Health Act 1983 is amended as follows.
In section 1 (application of Act: “mental disorder”)—
in subsection (2), at the appropriate places insert—; ; ;
for subsections (2A) and (2B) substitute—;
omit subsection (4).
In section 145 (interpretation of the Mental Health Act 1983), in subsection (1), at the appropriate places insert—; ; ; .
Schedule 1 amends the Mental Health Act 1983 to—
prevent people from being detained under section 3 of that Act (admission for treatment) on the basis of autism or learning disability, and
make related changes in relation to the application of that Act to autism and learning disability.
In the Mental Health Act 1983, after Part 8 insert—
The Mental Health Act 1983 is amended as follows.
In section 2 (admission for assessment), in subsection (2)—
omit the “and” at the end of paragraph (a);
for paragraph (b) substitute—
In section 3 (admission for treatment)—
in subsection (2), for paragraphs (c) and (d) substitute—;
in subsection (3)—
in paragraph (a), for “(d)” substitute “(e)”;
in paragraph (b), for “(c)” substitute “(b) to (d)”.
In section 5(4) (detention for six hours pending application for admission), for paragraph (a) (but not the “and” at the end) substitute—.
In section 20 (renewal of authority for detention of patient detained in pursuance of application for admission for treatment etc), in subsection (4), for paragraphs (c) and (d) substitute—
The amendment made by subsection (5), so far as relating to persons who are liable to be detained by virtue of Part 3 of the Mental Health Act 1983, applies in relation to such a person whether the person became so liable before or after the coming into force of this section.
The Mental Health Act 1983 is amended as follows.
In section 17A (community treatment orders)—
in subsection (5), for paragraphs (b) to (e) substitute—
in subsection (6), for “(5)(d)” substitute “(5)(e)”.
In section 20A (community treatment period)—
in subsection (4)(b), for “conditions set out in subsection (6) below are satisfied” substitute “criteria in section 17A(5) are met”;
omit subsection (6);
for subsection (7) substitute—;
in subsection (8)(a), for “conditions set out in subsection (6) above are satisfied” substitute “criteria in section 17A(5) are met”.
The amendments made by subsection (2), so far as relating to persons who are liable to be detained by virtue of Part 3 of the Mental Health Act 1983, apply in relation to such a person whether the person became so liable before or after the coming into force of this section.
The amendments made by subsection (3), so far as relating to persons who are subject to community treatment orders (within the meaning given by section 17A of the Mental Health Act 1983) by virtue of Part 3 of that Act, apply in relation to such a person whether the person became subject to a community treatment order before or after the coming into force of this section.
The Mental Health Act 1983 is amended as follows.
In section 72 (powers of tribunals)—
in subsection (1)(a), for sub-paragraphs (i) and (ii) substitute “that the grounds in section 2(2) are made out;”;
in subsection (1)(b), for sub-paragraphs (i) to (iia) (but not the “or” at the end) substitute—;
in subsection (1)(c), for sub-paragraphs (i) to (iv) (but not the “or” at the end) substitute—;
in subsection (1A), for “whether the criterion in subsection (1)(c)(iii) above” substitute “for the purposes of subsection (1)(c)(i) whether the criterion in section 17A(5)(e)”.
In section 73 (power to discharge restricted patients), in subsection (1)(a), for “as to the matters mentioned in paragraph (b)(i), (ii) or (iia) of section 72(1) above” substitute “that the conditions in section 20(4) are met”.
The amendments made by this section—
so far as relating to persons who are liable to be detained by virtue of Part 3 of the Mental Health Act 1983, apply in relation to such a person whether the person became so liable before or after the coming into force of this section;
so far as relating to persons who are subject to community treatment orders (within the meaning given by section 17A of the Mental Health Act 1983) by virtue of Part 3 of that Act, apply in relation to such a person whether the person became subject to a community treatment order before or after the coming into force of this section.
The Mental Health Act 1983 is amended as follows.
In Part 1—
for the Part heading substitute “Introductory”;
after section 1 insert—;
in section 3 (admission for treatment) omit subsection (4).
In section 57 (treatment requiring consent and a second opinion), in subsection (2)(b), for “it is appropriate for the treatment to be given” substitute “the treatment constitutes appropriate medical treatment”.
In section 58 (treatment requiring consent or a second opinion), in subsection (3)(b), for “it is appropriate for the treatment to be given” substitute “the treatment constitutes appropriate medical treatment”.
In section 58A (electro-convulsive therapy etc), in subsection (4)(c), for sub-paragraph (ii) substitute—
In section 62A (treatment on recall of community patient or revocation of order), in subsection (5)(a)—
omit “it is appropriate for”;
for “to be given to the patient” substitute “constitute appropriate medical treatment”.
In section 63 (treatment not requiring consent)—
the existing text becomes subsection (1);
in that subsection, after “patient”, insert “who is liable to be detained in pursuance of an application for admission for assessment”;
after that subsection insert—.
In section 64 (supplementary provisions for Part 4) omit subsection (3).
In section 64C (section 64B: supplemental), in subsection (4)(a), for “it is appropriate for the treatment to be given or for the treatment to be” substitute “the treatment constitutes appropriate medical treatment or constitutes appropriate medical treatment if”.
In section 64K (interpretation of Part 4A) omit subsection (8).
In section 145 (interpretation)—
in subsection (1)—
at the appropriate place insert—;
in the definition of “medical treatment”, for “(but see also subsection (4) below)” substitute “; and references to medical treatment are to be read in accordance with section 1A(b)”;
omit subsection (1AB);
omit subsection (4).
In the Mental Health Act 1983, in the following places, for “effective” substitute “appropriate medical”— section 50(1) (prisoners under sentence); section 51(3)(b) and (4)(b) (detained persons); section 52(5)(b) (persons remanded by magistrates’ courts); section 53(2)(b) (civil prisoners and persons detained under the Immigration Acts).
The Mental Health Act 1983 is amended as follows.
In section 34(1) (interpretation of Part 2)—
at the appropriate place insert—;
in the definition of “the responsible clinician”, in paragraph (a), for “with” substitute “nominated by the managers of the relevant hospital to have”.
In the following places, after “would” insert “be nominated by the managers of the hospital to”— section 36(3) (remand for treatment only if admission is arranged); section 37(4) (hospital order to be made only if admission is arranged); section 38(4) (interim hospital order to be made only if admission is arranged); section 44(2) (evidence for admission to hospital by magistrates’ court); section 45A(5) (hospital direction and limitation direction to be made only if admission is arranged).
In section 55(1) (interpretation of Part 3), in the definition of “responsible clinician”, for “with” substitute “nominated by the managers of the hospital to have”.
In section 64 (supplementary provisions for Part 4), for subsection (1) substitute—
In section 134(1), in the words after paragraph (b), for “with” substitute “nominated by the managers of the hospital to have”.
The Mental Health Act 1983 is amended as follows.
After section 56 insert—
In section 57 (treatment requiring consent and a second opinion), in subsection (2)(b), at the end insert “, and that the decision to give the treatment was made by the person in charge of the treatment in accordance with section 56A”.
In section 58 (treatment requiring consent or a second opinion)—
in subsection (3)(a), at the end (but before the “; or”) insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”;
in subsection (3)(b), at the end insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”.
In section 58A (electro-convulsive therapy etc)—
in subsection (3)(c), at the end insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”;
in subsection (4)(c)—
omit the “and” at the end of sub-paragraph (i);
at the end of sub-paragraph (ii) insert “; and”;
after sub-paragraph (ii) insert—
The Mental Health Act 1983 is amended as follows.
After section 56A (as inserted by section 11 of this Act) insert—
In section 57 (treatment requiring consent and a second opinion)—
in subsection (2)(a), for the words from the beginning to “question)” substitute “a second opinion appointed doctor”;
in subsection (2)(b), for the words from the beginning to “above” substitute “the second opinion appointed doctor”;
in subsection (3), for “the registered medical practitioner concerned” substitute “the second opinion appointed doctor”.
In section 58 (treatment requiring consent or a second opinion)—
in subsection (3)(a), for the words from “a registered” to “authority” substitute “a second opinion appointed doctor”;
in subsection (3)(b), for the words from the beginning to “question)” substitute “a second opinion appointed doctor”.
In section 58A (electro-convulsive therapy etc)—
in subsection (3)(c), for the words from “a registered” to “above” substitute “a second opinion appointed doctor”;
in subsection (4)(c), for the words from the beginning to “treatment)” substitute “a second opinion appointed doctor”;
in subsection (6), in the words before paragraph (a), for “the registered medical practitioner” substitute “the second opinion appointed doctor”.
In section 64 (supplementary provisions for Part 4), in subsection (1) (as substituted by section 10 of this Act), at the appropriate place insert—.
In section 64C (section 64B: supplemental)—
in subsection (4)(a), for the words from the beginning to “treatment)” substitute “a second opinion appointed doctor”;
after subsection (9) insert—
In section 119 (practitioners approved for Part 4 and section 118), in subsection (1), after “Act” insert “(see section 56B)”.
The Mental Health Act 1983 is amended as follows.
After section 57 insert—
In section 58 (treatment requiring consent or a second opinion)—
before subsection (1) insert—;
in subsection (1), for the words before paragraph (a) substitute “The forms of medical treatment referred to in subsection (A1) are—”;
in subsection (3)(b) omit “or being so capable has not consented to it”.
In section 59 (plans of treatment), after “57” insert “, 57A”.
In section 60 (withdrawal of consent), in subsection (1C)(a), after “section” insert “57A,”.
In section 62 (urgent treatment), in subsection (2), after “57” insert “, 57A”.
In section 63 (treatment not requiring consent), for the words from “not”, in the second place it occurs, to “applies” substitute “where none of sections 57 to 58A apply”.
In section 64C (section 64B: supplemental)—
for subsection (3) substitute—;
in subsection (6), for “subsection (1)(a) of that section” substitute “subsection (3)(b)(i) of this section”;
in subsection (7)—
for “subsection (1)(b) of that section” substitute “subsection (3)(b)(ii) of this section”;
for “that section”, in the second place it occurs, substitute “section 58A(1)(b)”.
In section 58 of the Mental Health Act 1983 (treatment requiring consent or a second opinion)—
in subsection (1)(b), for “three” substitute “two”;
in subsection (3)(a), after “has consented to it” insert “, that the treatment constitutes appropriate medical treatment”;
in subsection (4), for “(3)(b) above the registered medical practitioner concerned” substitute “(3) the person giving the certificate”.
In section 58A of the Mental Health Act 1983 (electro-convulsive therapy etc), for subsection (5) substitute—
The Mental Health Act 1983 is amended as follows.
In section 61 (review of treatment)—
in subsection (1)—
in the words before paragraph (a), for “58(3)(b) or 58A(4) or (5)” substitute “57A(3), 58(3)(b) or 58A(5)”;
in paragraph (a), after “patient” insert “, except that, in the case of a patient who is liable to be detained in pursuance of an application for admission for treatment, no report is required under this subsection on the first occasion on which the responsible clinician furnishes a report under section 20(3) in respect of them”;
after subsection (1) insert—;
in subsection (3)—
for “58(3)(b)” substitute “57A(3), 58(3)”;
for “58A(4)” substitute “58A(3), (4)”;
for “sections 57” substitute “sections 57, 57A”.
In section 55, in subsection (4), after “section 42 above or” insert “section 61(1B) or”.
In section 62 of the Mental Health Act 1983 (urgent treatment)—
in subsection (1), for “Sections 57 and 58” substitute “Section 57”;
after subsection (1) insert—
The Mental Health Act 1983 is amended as follows.
In section 58A (electro-convulsive therapy etc), in subsection (2), for “section 62” substitute “section 62ZA”.
In section 62 (urgent treatment) omit subsections (1A) to (1C).
After section 62 insert—
In section 64 (supplementary provisions for Part 4), in subsection (1) (as substituted by section 10 of this Act), at the appropriate place insert—.
In section 118 (code of practice), in subsection (1), after paragraph (d) (as inserted by Schedule 3 to this Act) insert—.
Section 119 of the Mental Health Act 1983 (practitioners approved for Part 4 and section 118) is amended as follows.
In subsection (2)(a), for the first “and” substitute “or”.
After subsection (2) insert—
In subsection (3), before the definition of “regulated establishment” insert—.
The Mental Health Act 1983 is amended as follows.
In section 57 (treatment requiring consent and a second opinion), in subsection (2)(a), for “is capable of understanding the nature, purpose and likely effects of” substitute “has capacity to consent to”.
In section 58 (treatment requiring consent or a second opinion), in subsection (3)—
in paragraph (a), for “is capable of understanding its nature, purpose and likely effects” substitute “has capacity to consent to it”;
in paragraph (b), for “is not capable of understanding the nature, purpose and likely effects of” substitute “lacks capacity to consent to”.
In section 58A (electro-convulsive therapy etc)—
in subsection (3)(c), for “is capable of understanding the nature, purpose and likely effects of” substitute “has capacity to consent to”;
in subsection (4)(c), for sub-paragraph (i) (but not the “and” at the end) substitute—;
in subsection (7), for the words from “is not” to the end substitute “lacks capacity to consent to the treatment”;
omit subsection (9).
In section 60 (withdrawal of consent)—
in subsection (1A)(b), for the words from “be” to the end substitute “have capacity to consent to the treatment”;
in subsection (1C)—
in paragraph (a), for the words from “is not” to “effects of” substitute “lacks capacity to consent to”;
in paragraph (b), for the words from “becomes” to the end substitute “gains capacity to consent to that treatment”.
In section 64 (supplementary provisions for Part 4), after subsection (1B) insert—
In the Mental Health Act 1983, in Part 10, before section 130A insert—
The Mental Health Act 1983 is amended as follows.
In section 17A(4) (grounds for making community treatment orders)—
omit the “and” at the end of paragraph (a);
for paragraph (b) substitute—
In section 17B (conditions of community treatment orders)—
in subsection (2), for the words from “approved” to “above” substitute “relevant professionals”;
after subsection (5) insert—;
after subsection (7) insert—
In section 17E (power to recall a community patient to hospital), after subsection (2) insert—
In section 17F (powers in respect of recalled patients), after subsection (4) insert—
In section 20A (community treatment period)—
in subsection (4)(b), for “under subsection (8) below is made,” substitute has been made—;
in subsection (8), after “(4)” insert “(b)(i)”;
after subsection (8) insert—;
omit subsection (9).
In section 34(1) (interpretation of Part 2), at the appropriate place insert—.
In section 80C (removal of patients subject to compulsion in the community from Scotland)—
in subsection (6), for “an approved mental health professional agrees” substitute “the relevant professionals agree”;
after subsection (6) insert—
In section 85ZA (responsibility for community patients transferred from Channel Islands or Isle of Man)—
in subsection (5), for “an approved mental health professional agrees” substitute “the relevant professionals agree”;
after subsection (5) insert—
In section 92 (interpretation of Part 6), after subsection (1A) insert—
In section 17B(2) of the Mental Health Act 1983 (conditions of community treatment orders) omit “or appropriate”.
In section 72 of that Act (powers of tribunals), after subsection (3A) insert—
Schedule 2 contains amendments of the Mental Health Act 1983 which—
make provision about the appointment of a nominated person for a patient,
transfer to nominated persons functions currently conferred on patients’ nearest relatives, and
confer functions on nominated persons for certain patients concerned in criminal proceedings.
The Mental Health Act 1983 is amended as follows.
In section 11 (general provisions about applications for admission or guardianship), for subsection (4) substitute—
In section 20 (duration of authority)—
in subsection (5)—
the words from “one” to the end become paragraph (a), and
after that paragraph insert ; and;
after subsection (6) insert—
In section 66 (applications to tribunals), in subsection (1), after sub-paragraph (i) insert—.
In section 25 of the Mental Health Act 1983 (restrictions on discharge by nearest relative)—
in the heading, for “nearest relative” substitute “nominated person”;
in subsection (1)—
in the words before paragraph (a), for “nearest relative” substitute “nominated person”;
in paragraphs (a) and (b), for “relative” substitute “nominated person”;
in paragraph (b) for “six months” substitute “three months”;
in subsection (2), for “nearest relative” substitute “nominated person”;
The Mental Health Act 1983 is amended as follows.
After section 17A insert—
In the heading to section 17B, after “Conditions” insert “to be included in community treatment orders”.
In section 20A (community treatment period and extensions), after subsection (8A) (as inserted by section 22 of this Act) insert—
In section 66 (applications to tribunals), in subsection (1), after sub-paragraph (ia) (as inserted by section 25 of this Act) insert—.
In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders: patients not subject to special restrictions), in paragraph 1, before “17B,” (as inserted by Schedule 1 to this Act) insert “17AA,”.
In section 19 of the Mental Health Act 1983 (transfer of patients), after subsection (3) insert—
The Mental Health Act 1983 is amended as follows.
In section 19 (regulations as to transfers of patients), after subsection (2) insert—
In section 20 (duration of authority)—
for subsections (1) and (2) substitute—;
in subsection (8), after “subsection (2)” insert “or (2A)”.
In section 21B (patients who are taken into custody or return after more than 28 days)—
in subsection (5), after “20(2)” insert “or (2A)”;
in subsection (6)(b), after “20(2)” insert “or (2A)”.
In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders)—
in paragraph 2, at the end insert “(subject to any qualifications expressed in those paragraphs)”;
in paragraph 2B, for paragraph (c) substitute—;
in paragraph 5—
for “section 19(2)” substitute section 19—;
at the end insert—;
after paragraph 5A insert—;
for paragraph 6 substitute—
In Part 2 of Schedule 1 (application of certain provisions to patients subject to special restrictions), in paragraph 5, after paragraph (b) insert—.
In Schedule 5 (transitional and saving provisions), in paragraph 9 omit sub-paragraph (2).
In section 66 of the Mental Health Act 1983 (applications to tribunals), in subsection (2)—
in paragraph (a), for “14 days” substitute “21 days”;
in paragraph (b), for “six months” substitute “three months”;
in paragraph (e), for “six months” substitute “three months”.
In section 75 of the Mental Health Act 1983 (applications and references concerning conditionally discharged restricted patients)—
in subsection (1), after “above” insert “(“conditionally discharged”)”;
in subsection (2)—
in the words before paragraph (a), for “as aforesaid but” substitute “, is not subject to conditions amounting to a deprivation of liberty and”;
in paragraph (a), for the words from “beginning” to “discharged”, substitute beginning—;
after subsection (2) insert—
The Mental Health Act 1983 is amended as follows.
In section 17G (effect of revoking community treatment order), in subsection (5), after “section 20” insert “and section 68”.
In section 19(2A) (as inserted by section 29 of this Act) for “has” substitute “and section 68 have”.
In section 68 (duty of managers of hospitals to refer cases to tribunal)—
in subsection (1) omit paragraphs (d) and (e);
in subsection (2), for “the period of six months beginning with the applicable day” substitute “a relevant period”;
in subsection (3)—
in the words before paragraph (a), for “that” substitute “the relevant”;
in paragraph (a), after “(e),” insert “(f), (fza), (fa), (faa),”;
in paragraph (c), for “(7)” substitute “(6)”;
in subsection (4), for “period mentioned in subsection (2) above” substitute “relevant period”;
after subsection (4) insert—;
in subsection (5)—
in the words before paragraph (a), for “(2) above” substitute “(4A)”;
in paragraph (c), for the words from “or a patient” to the end substitute “, the day on which the community treatment order was made”;
omit paragraph (d);
for subsection (6) substitute—;
omit subsection (7).
Omit section 68A.
In section 143 (general provisions as to regulations, orders and rules)—
in subsection (2)(b), as inserted by section 37 of this Act, omit “or 68A(7)”;
in subsection (3) omit “, 68A(1)”;
in subsection (3C) omit “, or an order under section 68A(7) above,”;
omit subsection (3D).
In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), in paragraph 10—
the existing text becomes sub-paragraph (1);
in sub-paragraph (1), for paragraph (b) substitute—;
In the application of subsections (2) to (5) of section 68 by virtue of sub-paragraph (1)(b), those subsections apply as if the patient had been admitted to hospital in pursuance of an application for admission for treatment on the day on which the patient was transferred or the community treatment order was revoked.
The Mental Health Act 1983 is amended as follows.
In section 71 (references by Secretary of State concerning restricted patients)—
in subsection (3A), for the words from “include” to the end substitute make—;
after subsection (4) insert—
In section 75 (applications and references concerning conditionally discharged restricted patients)—
after subsection (2A) (as inserted by section 30(2)(c) of this Act) insert—;
in subsection (3)—
after “subsection (2) above” insert “, or any reference under subsection (2C) or (2E)”;
after “such application” insert “or reference”;
after subsection (3) insert—
In section 143 (general provisions as to regulations, orders and rules), in subsection (3), for “or 71(3)” substitute “, 71(3) or 75(2F)”.
The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.
The Mental Health Act 1983 is amended as follows.
In section 71 (references by Secretary of State concerning restricted patients), for subsection (2) substitute—
In section 75 (applications and references concerning conditionally discharged restricted patients)—
before subsection (2C) (as inserted by section 32(3)(a) of this Act) insert—;
in subsection (2D), after “subsection” insert “(2B) or”;
in subsection (2E) omit “, is subject to conditions amounting to a deprivation of liberty”;
in subsection (2F), after “subsection” insert “(2B),”;
in subsection (2H), after “subsection” insert “(2B),”;
in subsection (3), after “subsection”, in the second place it occurs, insert “(2B),”.
The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.
In section 23 of the Mental Health Act 1983 (discharge of patients), after subsection (2) insert—
The Mental Health Act 1983 is amended as follows.
In section 42 (powers of Secretary of State in respect of patients subject to restriction orders), after subsection (2) insert—
In section 73 (power of tribunal to discharge patients subject to restriction orders)—
in subsection (2)—
omit the “but” at the end of paragraph (a);
at the end of paragraph (b), after “apply” insert ; and;
after subsection (5) insert—
In section 145(1) (interpretation), at the appropriate place insert—.
The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.
The Mental Health Act 1983 is amended as follows.
In section 47 (removal to hospital of persons serving sentences of imprisonment etc) for subsection (1)(c) substitute—.
In section 48 (removal to hospital of other prisoners)—
for subsection (1)(c) substitute—;
in subsection (2), for paragraph (d) substitute—
The Mental Health Act 1983 is amended as follows.
After section 47 insert—
After section 48 insert—
After section 48A (as inserted by subsection (3)) insert—
In section 143 (general provisions as to regulations, orders and rules)—
for subsection (2) substitute—;
after subsection (3) insert—
In section 48 of the Mental Health Act 1983 (removal to hospital of other prisoners), in subsection (2)(a), for “remand centre” substitute “remanded to youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In Schedule 8 to the Criminal Justice and Court Services Act 2000 (repeals), in the table, omit the entry relating to section 48(2)(a) of the Mental Health Act 1983.
In Part 1 of Schedule 1 to the Mental Health Act 1983 (application of certain provisions to patients subject to hospital and guardianship orders who are not subject to special restrictions), in paragraph 9(b), for the words from “and (g)” to ““, (g)”,” substitute “, (d) and (g)”.
Schedule 3 contains amendments relating to independent mental health advocates, including amendments which—
provide for informal patients to qualify for help from independent mental health advocates;
impose duties on hospital managers and others to notify providers of advocacy services about qualifying patients;
impose duties on providers of advocacy services to arrange for certain patients to be interviewed to find out whether they want to use those services.
In section 132 of the Mental Health Act 1983 (duty of managers of hospitals to give information to detained patients)—
in subsection (2) omit the words from “and those steps” to the end;
after subsection (2) insert—;
in subsection (3), for “and (2)” substitute “, (2) and (2A)”;
in subsection (4), for “and (2)” substitute “, (2) and (2A)”.
In section 132A of the Mental Health Act 1983 (duty of managers of hospitals to give information to community patients), in subsection (1)—
omit the “and” at the end of paragraph (a);
after paragraph (b) insert—;
at the end insert “and again as soon as practicable after any report is furnished under section 20A in respect of the patient”.
After section 132A of the Mental Health Act 1983 insert—
The Mental Health Act 1983 is amended as follows.
After section 130L insert—
In section 118 (code of practice), in subsection (1), after paragraph (e) (as inserted by section 18 of this Act) insert—
Section 72 of the Mental Health Act 1983 (powers of tribunals) is amended as follows.
In subsection (3)(a), for the words from “he” to “guardianship” substitute—.
After subsection (7) insert—
Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.
In subsection (2), after “authority”, in the second place it occurs, insert “jointly give notice in writing to the person stating that they”.
After subsection (3) insert—
In section 72(4) of the Mental Health Act 1983 (powers of tribunals in relation to guardianship cases)—
in the opening words, after “it is” insert “not”;
in paragraph (a) omit “not”;
in paragraph (b) omit “not”.
The Mental Health Act 1983 is amended as follows.
In section 55 (interpretation of Part 3), in subsection (1), for the definition of “place of safety” substitute— .
The amendment made by subsection (2) does not apply in relation to any directions given under sections 35(4), 36(3), 37(4), 38(4) or 45A(5) before the coming into force of that subsection.
In section 135 (warrant to search for and remove patients)—
in subsection (6) omit “a police station,”;
in subsection (7), before paragraph (a) insert—;
omit subsection (8).
In section 136 (removal etc of mentally disordered persons without a warrant) omit subsection (5).
Omit section 136A (use of police stations as places of safety).
In section 136B (extension of detention) omit subsection (3).
Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) is amended as follows.
In Part 1 of that Schedule (defendants accused or convicted of imprisonable offences), for paragraph 3 substitute—
In Part 1A of that Schedule (defendants accused or convicted of imprisonable offences to which Part 1 does not apply), for paragraph 5 substitute—
In Part 2 of that Schedule (defendants accused or convicted of non-imprisonable offences), for paragraph 3 substitute—
The amendments made by this section apply in relation to any person who is before a court after the coming into force of this section.
The Mental Health Act 1983 is amended as follows.
In section 83 (removal of patients to Channel Islands or Isle of Man) omit “(otherwise than by virtue of section 35, 36 or 38 above)”.
In section 85 (patients removed from Channel Islands or Isle of Man)—
in subsection (1) omit “(other than section 35, 36 or 38 above)”;
in subsection (2), after “shall” insert “(subject to subsection (2A))”;
after subsection (2) insert—
In section 91 (general provisions as to patients removed from England and Wales), in subsection (1) omit “(other than section 35, 36 or 38 above)”.
After Schedule A1 (as inserted by Schedule 2 to this Act) insert—
In the Mental Health Act 1983, after section 142B insert—
The Secretary of State must carry out a review into—
whether regulation 18 of the Care Quality Commission (Registration) Regulations 2009 (S.I.2009/3112) (duty to notify incidents) ought to be extended to require a notification to be given in any other cases in which a person under the age of 18 is admitted to a hospital or registered establishment for medical treatment for, or assessment in relation to, mental disorder, and
whether the time period mentioned in regulation 18(2)(h) of those Regulations remains appropriate.
The Secretary of State must prepare and publish a report setting out the conclusions of the review.
The Secretary of State must lay a copy of the report before Parliament.
The report must be laid and published before the end of the period of 2 years beginning with the day on which this Act is passed.
In this section the following expressions have the meaning given by section 145 of the Mental Health Act 1983—
“hospital”;
“hospital”;
“medical treatment”;
“mental disorder”;
“mental disorder”;
“registered establishment”.
“registered establishment”.
The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.
Regulations under this section may amend, repeal or revoke provision made by or under primary legislation passed—
before this Act, or
later in the same session of Parliament as this Act.
In this section “primary legislation” means—
an Act, or
an Act or Measure of Senedd Cymru.
A statutory instrument containing (alone or with other provision) regulations under this section that amend or repeal provision made by primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
The Welsh Ministers may by regulations made by statutory instrument make provision that is consequential on this Act.
The only provision that may be made by virtue of this section is provision that would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd.
Regulations under this section may amend, repeal or revoke provision made by or under primary legislation passed—
before this Act, or
later in the same session of Parliament as this Act.
In this section “primary legislation” means—
an Act, or
an Act or Measure of Senedd Cymru.
A statutory instrument containing (alone or with other provision) regulations under this section that amend or repeal provision made by primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.
An amendment or repeal made by this Act has the same extent as the provision amended or repealed subject to subsection (2).
Section 51, section 53, this section and sections 56 and 57 extend to England and Wales, Scotland and Northern Ireland.
Sections 30(2), 32, 35, 36(1) and (3)(b), 38 and 39 come into force at the end of the period of two months beginning with the day on which this Act is passed.
Sections 53 to 55, this section and section 57 come into force on the day on which this Act is passed.
Except as mentioned in subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by regulations appoint.
Regulations under this section are to be made by statutory instrument.
Different days may be appointed under subsection (3) for different purposes.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
The power to make regulations under subsection (6) includes power to make different provision for different purposes.
Transitional and savings made by regulations under subsection (6) are additional, and without prejudice, to those made by any other provision of this Act.
This Act may be cited as the Mental Health Act 2025.
Section 3(4)
Part 2 of the Mental Health Act 1983 (compulsory admission to hospital and guardianship) is amended as follows.
Part 5 of the Mental Health Act 1983 (tribunals) is amended as follows.
In section 3 (admission for treatment), in subsection (2), for paragraph (a) substitute—.
Section 72 (grounds for discharge by tribunal) is amended as follows. After subsection (1) insert— In subsection (1A), for “mental”, in both places it occurs, substitute “psychiatric”. After subsection (1A) insert— In subsection (4) (guardianship), in paragraph (a), for “mental disorder” substitute—.
In section 7 (application for guardianship), in subsection (2), for paragraph (a) substitute—.
In section 73 (power to discharge restricted patients), after subsection (8) insert—
Section 17A (community treatment orders) is amended as follows. In subsection (5), for paragraph (a) substitute—. In subsection (6), for “mental”, in both places it occurs, substitute “psychiatric”.
In section 74 (restricted patients subject to restriction directions), in subsection (6), for “(8)” substitute “(9)”.
In section 17E (power to recall community patient to hospital), in subsection (1)(a), for “mental” substitute “psychiatric”.
Section 20 (renewal of authority in relation to admission for treatment and guardianship) is amended as follows. In subsection (4) (admission for treatment), for paragraph (a) substitute—. In subsection (7) (guardianship), for paragraph (a) substitute—.
Part 3 of the Mental Health Act 1983 (patients concerned in criminal proceedings or under sentence) is amended as follows.
Before the italic heading before section 35 insert—
In the following places, for “mental” substitute “relevant”— section 35(3)(a) (remand to hospital for report); section 36(1)(a) (remand to hospital for treatment); section 37(2)(a) (orders for hospital admission or guardianship), in each place it occurs; section 38(1)(a) and (b) (interim hospital orders); section 45A(2)(a) and (b) (conditions on hospital admission); section 47(1)(a) and (b) (removal to hospital of prisoners under sentence, etc); section 48(1)(a) (removal to hospital of other prisoners); section 50(1) (sentenced prisoners: power to remit or release); section 51(3)(a), (4)(a) and (6)(a) (detainees: powers to remit or release); section 52(5)(a) (accused persons: magistrates’ court’s power); section 53(2)(a) (civil prisoners and immigration detainees).
In section 55 (interpretation)—
in subsection (1), at the appropriate place insert—;
in subsection (4), after “69(1)” insert “or 72(1ZA)”.
In Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), Part 1 (patients not subject to special restrictions) is amended as follows. In paragraph 1— In paragraph 2— After paragraph 2 insert— After paragraph 2A insert— In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”. In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”. In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”. In section 20(4)(a), for “psychiatric disorder” there is to be substituted “relevant disorder (within the meaning given by section 34A)”. After paragraph 6 insert—
Part 4 of the Mental Health Act 1983 (consent to treatment) is amended as follows.
In section 56 (patients to whom Part 4 applies)—
for the heading substitute “Application of Part 4: patients and disorders”;
after subsection (5) insert—
In the following places, for “mental”, substitute “relevant”— section 58(1)(b) (administration of medicine requiring consent or a second opinion); section 63 (treatment not requiring consent).
In Part 4A of the Mental Health Act 1983 (treatment of community patients not recalled to hospital), for section 64A substitute—
Pending the coming into force of section 6(3)(b) of this Act, section 20A(6)(a) of the Mental Health Act 1983 is to be read as if—
in relation to a patient admitted to hospital in pursuance of a hospital order (read in accordance with section 55(4) of the Mental Health Act 1983), as if for “mental” there were substituted “relevant”;
in relation to any other patient, for “mental” there were substituted “psychiatric”.
Pending the coming into force of section 7(2) of this Act, section 72(1)(b) and (c) and (1A) of the Mental Health Act 1983 are to be read— In sub-paragraph (1)(a) “Part 3 community patient” means a person who is a community patient by virtue of a community treatment order under section 17A as applied by Part 1 of Schedule 1 to the Mental Health Act 1983.
Pending the coming into force of section 7(3) of this Act, section 72(1)(b) of the Mental Health Act 1983 is to be read, for the purposes of section 73 of that Act, as modified by paragraph 21(1)(a) of this Schedule.
Pending the coming into force of section 8(8) of this Act, section 64(3) of the Mental Health Act 1983 is to be read as if for “mental” there were substituted “relevant”.
Pending the coming into force of section 13(3)(b) of this Act, section 58(1) of the Mental Health Act 1983 is to be read as if, in the words before paragraph (a), for “mental”, there were substituted “relevant”.
Pending the coming into force of section 29(5)(d) and (e) of this Act, section 20 of the Mental Health Act 1983 is to be read as if for “psychiatric” there were substituted “relevant”.
Section 24
The Mental Health Act 1983 is amended as follows.
Before section 31 and the italic heading before that section insert—
Before Schedule 1 insert—
The Mental Health Act 1983 is amended as follows.
In section 4 (admission for assessment in cases of emergency), in subsection (2), for “the nearest relative of the patient” substitute “the patient’s nominated person”.
Section 11 (general provisions as to applications) is amended as follows. In subsection (1), for “the nearest relative of the patient” substitute “the patient’s nominated person”. In subsection (3)—
In section 13 (duty of approved mental health professionals to make applications for admission or guardianship), in subsection (4), for “the nearest relative”, in both places it occurs, substitute “the nominated person”.
In section 14 (social reports), for “nearest relative” substitute “nominated person”.
In section 23 (discharge of patients), in subsection (2)(a), (b) and (c), for “the nearest relative of the patient” substitute “the patient’s nominated person”.
In section 24 (visiting and examination of patient), in subsection (1), for “the nearest relative”, in both places it occurs, substitute “the nominated person”.
Omit sections 26 to 30 and the italic heading before section 26.
In section 32 (regulations for purposes of Part), in subsection (2)—
at the end of paragraph (c) insert “and”;
omit paragraph (e) and the “and” before it.
In section 33 (special provisions as to wards of court), in subsection (2), for “nearest relative” substitute “nominated person”.
In section 66 (applications to tribunals), in subsection (1), in sub-paragraph (ii), for “his nearest relative” substitute “the patient’s nominated person”.
In section 69 (applications to tribunals concerning patients subject to hospital and guardianship orders), in subsection (1)(a) and (b)(ii), for “the nearest relative of the patient” substitute “the patient’s nominated person”.
In section 116 (welfare of certain hospital patients), in subsection (2) omit paragraph (c) and the “or” before it.
In section 118 (code of practice), in subsection (1)—
omit the “and” at the end of paragraph (a);
after paragraph (b) insert—.
In section 130B (arrangements in relation to independent mental advocates: England), in subsection (5)(a), for “nearest relative” substitute “nominated person”.
In section 130D (duty to give information about independent mental health advocates), in subsection (5), for “nearest relative” substitute “nominated person”.
In section 130H (independent mental health advocates for Wales: supplementary powers and duties), in subsection (3)(b), for “nearest relative” substitute “nominated person”.
In section 130K (duty to give information about independent mental health advocates to Welsh qualifying compulsory patients), in subsection (6)(a), for “nearest relative” substitute “nominated person”.
In section 132 (duty of managers of hospitals to give information to detained patients), in subsection (4), for “nearest relative” substitute “nominated person”.
In section 132A (duty of managers of hospitals to give information to community patients), in subsection (3), for “nearest relative” substitute “nominated person”.
Section 133 (duty of managers of hospitals to give information to community patients) is amended as follows. In the heading for “nearest relatives” substitute “nominated persons”. In subsection (1)— In subsections (1B) and (2), for “nearest relative” substitute “nominated person”.
Section 145(1) (interpretation) is amended as follows. Omit the definition of “nearest relative”. At the appropriate place insert—.
The Mental Health Act 1983 is amended as follows.
After section 36 (but before the italic heading after that section) insert—
In section 38 (interim hospital orders), after subsection (7) insert—
In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders who are not subject to special restrictions)—
in paragraph 1, for “26 to 28” substitute “30A”;
in paragraph 2—
after “23” insert “, 30B”;
after “68” insert “and Schedule A1”;
for “10” substitute “11”;
in paragraph 8(b), for “nearest relative” substitute “nominated person”;
after paragraph 8 insert—;
in paragraph 9 for “paragraph (ii)” substitute “paragraphs (ia), (ib) and (ii)”;
after paragraph 10 insert—
In Part 2 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders who are subject to special restrictions)—
in paragraph 1, after “Sections” insert “30A,”;
in paragraph 2—
after “23” insert “, 30B”;
after “34” insert “and Schedule A1”;
for “8” substitute “9”;
in paragraph 5—
omit the “and” at the end of paragraph (b);
at the end of paragraph (c) insert and;
in paragraph 7(b)(i), for “the nearest relative of the patient” substitute “the patient’s nominated person”;
after paragraph 7 insert—;
after paragraph 8 insert—
section 40
The Mental Health Act 1983 is amended as follows.
Section 118 (code of practice) is amended as follows. In subsection (1), after paragraph (c) (as inserted by Schedule 2 to this Act) insert—. Omit subsection (1A).
Section 130A (independent mental health advocates) is amended as follows. In subsection (1), for “qualifying patients” substitute “English qualifying patients”. After subsection (1) insert—
Section 130B (arrangements under section 130A) is amended as follows. In subsection (1), for “a qualifying patient”, in both places it occurs, substitute “an English qualifying compulsory patient”. In subsection (2)— After subsection (2) insert— In subsection (3), for “the arrangements” substitute “arrangements under section 130A”. In subsection (6) for “declining to be provided with” substitute “refusing consent to the provision of”. After subsection (6) insert—. In subsection (7) omit paragraph (a).
Section 130C (section 130A: supplemental) is amended as follows. For the heading, substitute ““English qualifying compulsory patients””. Omit subsection (1). In subsection (2) for “A patient is a qualifying patient” substitute “For the purposes of this Part a patient is an English qualifying compulsory patient”. In subsection (3)— In subsection (4), for “a qualifying patient”, in both places it occurs, substitute “an English qualifying compulsory patient”. Omit subsections (4A) and (4B).
After section 130C insert—
For section 130D substitute—
In section 130J (Welsh qualifying informal patients), in subsection (2), for paragraph (c) substitute—.