Mental Health (Amendment) Act 1982

• (2) Without prejudice to the application of subsection (1) above to any treatment given under a plan of treatment to which a patient has consented, a patient who has consented to such a plan may, subject to section 48 below, at any time withdraw his consent to further treatment, or to further treatment of any description, under the plan.

Review of treatment

47

• (1) Where a patient is given treatment in accordance with section 43(2) or 44(3) (b) above a report on the treatment and the patient's condition shall be given by the responsible medical officer to the Secretary of State—

• (a) on the next occasion on which the responsible medical officer furnishes a report in respect of the patient under section 43(3) of the principal Act (renewal of authority for detention); and

• (b) at any other time if so required by the Secretary of State.

• (2) In relation to a patient who is subject to a restriction order or restriction direction subsection (1) above shall have effect as if paragraph (a) required the report to be made—

• (a) in the case of treatment in the period of six months beginning with the date of the order or direction, at the end of that period ;

• (b) in the case of treatment at any subsequent time, on the next occasion on which the responsible medical officer makes a report in respect of the patient under section 28(3) above.

• (3) The Secretary of State may at any time give a notice to the responsible medical officer directing that, subject to section 48 below, a certificate given in respect of a patient under section 43(2) or 44(3)(b) above shall not apply to treatment given to him after a date specified in the notice and sections 43 and 44 above shall then apply to any such treatment as if that certificate had not been given.

Urgent treatment

48

• (1) Sections 43 and 44 above shall not apply to any treatment—

• (a) which is immediately necessary to save the patient's life; or

• (b) which (not being irreversible) is immediately necessary to prevent a serious deterioration of his condition ; or

• (c) which (not being irreversible or hazardous) is immediately necessary to alleviate serious suffering by the patient; or

• (d) which (not being irreversible or hazardous) is immediately necessary and represents the minimum interference necessary to prevent the patient from behaving violently or being a danger to himself or to others.

• (2) Sections 46 and 47(3) above shall not preclude the continuation of any treatment or of treatment under any plan pending compliance with section 43 or 44 above if the responsible medical officer considers that the discontinuance of the treatment or of treatment under the plan would cause serious suffering to the patient.

• (3) For the purposes of this section treatment is irreversible if it has unfavourable irreversible physical or psychological consequences and hazardous if it entails significant physical hazard.

Treatment not requiring consent

49

The consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering, not being treatment falling within section 43 or 44 above, if the treatment is given by or under the direction of the responsible medical officer.

Extension of section 43 and related provisions to voluntary patients

50

Sections 43, 45, 46 and 48 above shall apply to any patient who is not liable to be detained under the principal Act or this Act.

Part VII — Miscellaneous and Supplementary

After-care

51

Correspondence of patients

52

• (1) A postal packet addressed to any person by a patient detained in a hospital under the principal Act or this Act and delivered by the patient for despatch may be withheld from the Post Office—

• (a) if that person has requested that communications addressed to him by the patient should be withheld; or

• (b) subject to subsection (3) below, if the hospital is a special hospital and the managers of the hospital consider that the postal packet is likely—

• (i) to cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital); or

• (ii) to cause danger to any person;

and any request for the purposes of paragraph (a) above shall be made by a notice in writing given to the managers of the hospital, the medical practitioner in charge of the treatment of the patient or the Secretary of State.

• (2) Subject to subsection (3) below, a postal packet addressed to a patient detained in a special hospital under the principal Act or this Act may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.

• (3) Subsections (1)(b) and (2) above do not apply to any postal packet addressed by a patient to, or sent to a patient by or on behalf of—

• (a) any Minister of the Crown or Member of either house of Parliament

• (b) the Master or Deputy Master or any other officer of the Court of Protection or any of the Lord Chancellor’s Visitors;

• (c) the Parliamentary Commissioner for Administration, the Health Service Commissioner for England, the Health Service Commissioner for Wales or a Local Commissioner within the meaning of Part III of the Local Government Act 1974;

• (d) a Mental Health Review Tribunal;

• (e) a health authority within the meaning of the National Health Service Act 1977, a local social services authority, a Community Health Council or a probation and after-care committee appointed under paragraph 2 of Schedule 3 to the Powers of Criminal Courts Act 1973;

• (f) the managers of the hospital in which the patient is detained;

• (g) any legally qualified person instructed by the patient to act as his legal adviser; or

• (h) the European Commission of Human Rights or the European Court of Human Rights.

• (4) The managers of a hospital may inspect and open any postal packet for the purposes of determining whether it is one to which subsection (1) or (2) above applies and, if so, for determining whether or not it should be withheld under that sub-section; and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it.

• (5) Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing.

• (6) Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) above the managers of the hospital shall within seven days give notice of that fact to the patient and, in a case under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall be in writing and shall contain a statement of the effect of section 56(7) and (8) below.

• (7) The functions of the managers of a hospital under this section shall be discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose, and different persons may be appointed to discharge different functions.

• (8) The Secretary of State may make regulations with respect to the exercise of the powers conferred by this section.

• (9) In this section “postal packet” has the same meaning as in the Post Office Act 1953 and the provisions of this section shall have effect notwithstanding anything in section 56 of that Act.

• (10) References in this section to a hospital shall be construed as references to a hospital within the meaning of Part IV of the principal Act.

• (11) Section 36 of the principal Act (which is superseded by this section) and section 134 of that Act (restriction on correspondence of patients not subject to detention) shall cease to have effect.

Code of practice

53

• (1) The Secretary of State shall prepare, and from time to time revise, a code of practice—

• (a) for the guidance of medical practitioners, managers and staff of hospitals and mental nursing homes and mental welfare officers in relation to the admission of patients to hospitals and mental nursing homes under the principal Act or this Act; and

• (b) for the guidance of medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder.

• (2) The code shall, in particular, specify forms of medical treatment, in addition to any specified by regulations made for the purposes of section 43 above, which in the opinion of the Secretary of State give rise to special concern and should accordingly not be given by a medical practitioner unless the patient has consented to the treatment (or to a plan of treatment including that treatment) and a certificate in writing as to the matters mentioned in subsection (2)(a) and (b) of that section has been given by another medical practitioner, being a practitioner appointed for the purposes of this section by the Secretary of State.

• (3) Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.

• (4) The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.

• (5) No resolution shall be passed by either House of Parliament under subsection (4) above in respect of a code or alteration after the expiration of the period of forty days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

• (6) The Secretary of State shall publish the code as for the time being in force.

Practitioners approved for purposes of Part VI and s. 53

54

• (1) The Secretary of State may make such provision as he may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of medical practitioners appointed by him for the purposes of Part VI of this Act and section 53 above and to or in respect of other persons appointed for the purposes of section 43(2)(a) above.

• (2) A medical practitioner or other person appointed by the Secretary of State for the purposes of the provisions mentioned in subsection (1) above may, for the purpose of exercising his functions under those provisions, at any reasonable time—

• (a) visit and interview and, in the case of a medical practitioner, examine in private any patient detained in a mental nursing home; and

• (b) require the production of and inspect any records relating to the treatment of the patient in that home.

General protection of detained patients

55

• (1) The Secretary of State shall keep under review the exercise of the powers and the discharge of the duties conferred or imposed by the principal Act and this Act so far as relating to the detention of patients or to patients liable to be detained under those Acts and shall make arrangements for persons authorised by him in that behalf—

• (a) to visit and interview in private patients detained under those Acts in hospitals and mental nursing homes; and

• (b) to investigate—

• (i) any complaint made by a person in respect of a matter that occurred while he was detained under those Acts in a hospital or mental nursing home and which he considers has not been satisfactorily dealt with by the managers of that hospital or mental nursing home; and

• (ii) any other complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by those Acts in respect of a person who is or has been so detained.

• (2) The arrangements made under this section in respect of the investigation of complaints may exclude matters from investigation in specified circumstances and shall not require any person exercising functions under the arrangements to undertake or continue with any investigation where he does not consider it appropriate to do so.

• (3) Where any such complaint as is mentioned in subsection (1)(b)(ii) above is made by a Member of Parliament and investigated under the arrangements made under this section the results of the investigation shall be reported to him.

• (4) For the purpose of any such review as is mentioned in subsection (1) above or of carrying out his functions under arrangements made under this section any person authorised in that behalf by the Secretary of State may at any reasonable time—

• (a) visit and interview and, if he is a medical practitioner, examine in private any patient in a mental nursing home; and

• (b) require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained in a mental nursing home.

• (5) The matters in respect of which regulations may be made under section 6 of the Nursing Homes Act 1975 shall include the keeping of records relating to the detention and treatment of persons detained under the principal Act or this Act in a mental nursing home.

• (6) The Secretary of State may make such provision as he may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any such review as is mentioned in subsection (1) above or functions under arrangements made under this section.

• (7) The powers and duties referred to in subsection (1) above do not include any power or duty conferred or imposed by Part VIII of the principal Act.

Mental Health Act Commission

56

• (1) The Secretary of State shall under section 11 of the National Health Service Act 1977 establish a special health authority to be known as the Mental Health Act Commission.

• (2) Without prejudice to the generality of his powers under section 13 of that Act, the Secretary of State shall direct the Commission to perform on his behalf—

• (a) the function of appointing medical practitioners for the purposes of Part VI of this Act and section 53 above and of appointing other persons for the purposes of section 43(2)(a) above; and

• (b) the functions of the Secretary of State under sections 47 and 55(1) and (4) above.

• (3) The medical practitioners and other persons appointed for the purposes mentioned in subsection (2)(a) above may include members of the Commission.

• (4) The Secretary of State may, at the request of or after consultation with the Commission and after consulting such other bodies as appear to him to be concerned, direct the Commission to keep under review the care and treatment, or any aspect of the care and treatment, in hospitals and mental nursing homes of patients who are not liable to be detained under the principal Act or this Act.

• (5) For the purpose of any such review as is mentioned in subsection (4) above any person authorised in that behalf by the Commission may at any reasonable time—

• (a) visit and interview and, if he is a medical practitioner, examine in private any patient in a mental nursing home; and

• (b) require the production of and inspect any records relating to the treatment of any person who is or has been a patient in a mental nursing home.

• (6) The Secretary of State may make such provision as he may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any such review as is mentioned in subsection (4) above.

• (7) The Commission shall review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 52 above if an application in that behalf is made—

• (a) in a case under subsection (1)(b), by the patient; or

• (b) in a case under subsection (2), either by the patient or by the person by whom the postal packet was sent;

and any such application shall be made within six months of the receipt by the applicant of the notice referred to in subsection (6) of that section.

• (8) On an application under subsection (7) above the Commission may direct that the postal packet which is the subject of the application (or anything contained in it) shall not be withheld and the managers in question shall comply with any such direction.

• (9) The Secretary of State may by regulations make provision with respect to the making and determination of applications under subsection (7) above, including provision for the production to the Commission of any postal packet which is the subject of such an application.

• (10) The Commission shall in the second year after its establishment and subsequently in every second year publish a report on its activities; and copies of every such report shall be sent by the Commission to the Secretary of State who shall lay a copy before each House of Parliament.

• (11) Paragraph 9 of Schedule 5 to the said Act of 1977 (pay and allowances for chairman and members of health authorities) shall have effect in relation to the authority established pursuant to this section as if references in sub-paragraphs (1) and (2) to the chairman included references to any member and as if sub-paragraphs (4) and (5) were omitted.

Duty of managers of hospitals to give information to detained patients

57

• (1) The managers of a hospital or mental nursing home in which a patient is detained under the principal Act or this Act shall take such steps as are practicable to ensure that the patient understands—

• (a) under which of the provisions of those Acts he is for the time being detained and the effect of that provision; and

• (b) what rights of applying to a Mental Health Review Tribunal are available to him in respect of his detention under that provision;

and those steps shall be taken as soon as practicable after the commencement of the patient’s detention under the provision in question.

• (2) The managers of a hospital or mental nursing home in which a patient is detained as aforesaid shall also take such steps as are practicable to ensure that the patient understands the effect, so far as relevant in his case, of—

• (a) sections 47 and 48 of the principal Act (discharge by responsible medical officer, managers, nearest relative etc.); and

• (b) Part VI of this Act and sections 52, 53 and 55 above;

and those steps shall be taken as soon as practicable after the commencement of the patient’s detention in the hospital or nursing home.

• (3) The steps to be taken under subsections (1) and (2) above shall include giving the requisite information both orally and in writing.

• (4) The managers of a hospital or mental nursing home in which a patient is detained as aforesaid shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsections (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.

• (5) Section 52(5) of the principal Act (effect of order substituting acting nearest relative) shall have effect as if subsection (4) above were contained in Part IV of that Act.

Duty of managers of hospitals to inform nearest relative of discharge of detained patient

58

• (1) Where a patient liable to be detained under the principal Act or this Act in a hospital or mental nursing home is to be discharged otherwise than by virtue of an order for discharge made by his nearest relative, the managers of the hospital or mental nursing home shall, subject to subsection (2) below, take such steps as are practicable to inform the person (if any) appearing to them to be the nearest relative of the patient; and that information shall, if practicable, be given at least seven days before the date of discharge.

• (2) Subsection (1) above shall not apply if the patient or his nearest relative has requested that information about the patient’s discharge should not be given under this section.

• (3) Section 52(5) of the principal Act (effect of order substituting acting nearest relative) shall have effect as if this section were contained in Part IV of that Act.

Management of property and affairs of patients

59

Protection for acts done in pursuance of the principal Act and this Act

60

• (1) Section 141 of the principal Act (protection for acts done in pursuance of that Act) shall be amended as follows.

• (2) For subsection (2) there shall be substituted—

(2) No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.

• (3) In subsection (3) for the words "any provision of this Act" there shall be substituted the words " any other provision of this Act ".

• (4) After subsection (3) there shall be inserted—

(3A) This section does not apply to proceedings against the Secretary of State or against a health authority within the meaning of the National Health Service Act 1977.

• (5) For subsection (4) there shall be substituted—

(4) In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.

Replacement of mental welfare officers by approved social workers

61

• (1) After the expiration of the period of two years beginning with the day on which this Act is passed the functions conferred by the principal Act and this Act on mental welfare officers shall be discharged by officers of local social services authorities to be known as approved social workers.

• (2) A local social services authority shall appoint a sufficient number of approved social workers for the purpose of discharging the functions referred to in subsection (1) above; and no person shall be appointed as an approved social worker unless he is approved by the authority as having appropriate competence in dealing with persons who are suffering from mental disorder.

• (3) In approving a person for appointment as an approved social worker a local social services authority shall have regard to such matters as the Secretary of State may direct.

• (4) Any appointment of a person as a mental welfare officer for the purposes of the principal Act and this Act shall terminate at the expiration of the period mentioned in subsection (1) above but without prejudice to anything previously done by that person or to the continuation by an approved social worker of anything which is then in process of being done by that person.

Electoral registration of patients

62

Definition of hospital and medical treatment

63

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minor amendments

64

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In section 105(1) of the National Health Service Act 1977 (payments by local authorities for medical examinations with a view to admission to hospital under Part IV of the principal Act) for the words “the council which is the local authority for the purposes of the Local Authority Social Services Act 1970 for the area where the person examined resides” there shall be substituted the words “ the Secretary of State ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments and repeals

65

• (1) The enactments mentioned in Schedule 3 to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Act.

• (2) The enactments mentioned in Schedule 4 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

Orders and regulations

66

Expenses

67

There shall be paid out of moneys provided by Parliament—

• (a) any expenses incurred by the Secretary of State under this Act; and

• (b) any increase attributable to this Act in the sums so payable under any other Act.

Interpretation and supplementary provisions

68

• (1) In this Act “the principal Act” means the Mental Health Act 1959.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Commencement and transitional provisions

69

• (1) Subject to the provisions of this section, this Act shall come into force on 30th September 1983.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Schedule 5 to this Act, which contains transitional provisions and savings, shall have effect with respect to the matters there mentioned.

Short title and extent

70

• (1) This Act may be cited as the Mental Health (Amendment) Act 1982.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . any amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland has the same extent as that enactment but, save as aforesaid, this Act extends to England and Wales only.

• (3) Section 149(4) of the Mental Health Act 1983 (power to extend Act to Isles of Scilly) shall have effect as if the provisions of this Act were contained in that Act.

SCHEDULE 1

Preliminary

1

In this Schedule—

• " restricted patient " means a patient who is subject to a restriction order or restriction direction ;

• " the relevant hospital order " and " the relevant transfer direction ", in relation to a restricted patient, mean the hospital order or transfer direction by virtue of which he is liable to be detained in a hospital;

• " hospital " includes a mental nursing home.

Right to apply to Mental Health Review Tribunal

2

A restricted patient detained in a hospital may apply to a Mental Health Review Tribunal—

• (a) in the period between the expiration of six months and the expiration of twelve months beginning with the date of the relevant hospital order or transfer direction ; and

• (b) in any subsequent period of twelve months.

Reference by Secretary of State

3

• (1) The Secretary of State may at any time refer the case of a restricted patient to a Mental Health Review Tribunal.

• (2) The Secretary of State shall refer to a Mental Health Review Tribunal the case of any restricted patient detained in a hospital whose case has not been considered by such a tribunal, whether on his own application or otherwise, within the last three years.

• (3) The Secretary of State may by order vary the length of the period mentioned in sub-paragraph (2) above.

• (4) Any reference under sub-paragraph (1) above in respect of a patient who has been conditionally discharged and not recalled to hospital shall be made to the tribunal for the area in which the patient resides.

Discharge of patients

4

Section 123(1) of the principal Act shall not apply in the case of a restricted patient except as provided in paragraphs 5 and 6 below.

5

• (1) Where an application to a Mental Health Review Tribunal is made by a restricted patient who is subject to a restriction order, or where the case of such a patient is referred to such a tribunal, the tribunal shall direct the absolute discharge of the patient if satisfied—

• (a) as to the matters mentioned in paragraph (b)(i) or (ii) of section 123(1) of the principal Act; and

• (b) that it is not appropriate for the patient to remain liable to be recalled to hospital for further treatment.

• (2) Where in the case of any such patient as is mentioned in sub-paragraph (1) above the tribunal are satisfied as to the matters referred to in paragraph (a) of that sub-paragraph but not as to the matter referred to in paragraph (b) of that sub-paragraph the tribunal shall direct the conditional discharge of the patient.

• (3) Where a patient is absolutely discharged under this paragraph he shall thereupon cease to be liable to be detained by virtue of the relevant hospital order, and the restriction order shall cease to have effect accordingly.

• (4) Where a patient is conditionally discharged under this paragraph—

• (a) he may be recalled by the Secretary of State under subsection (3) of section 66 of the principal Act as if he had been conditionally discharged under subsection (2) of that section ; and

• (b) the patient shall comply with such conditions (if any) as may be imposed at the time of discharge by the tribunal or at any subsequent time by the Secretary of State.

• (5) The Secretary of State may from time to time vary any condition imposed (whether by the tribunal or by him) under sub-paragraph (4) above.

• (6) Where a restriction order in respect of a patient ceases to have effect after he has been conditionally discharged under this paragraph the patient shall, unless previously recalled, be deemed to be absolutely discharged on the date when the order ceases to have effect and shall cease to be liable to be detained by virtue of the relevant hospital order.

• (7) A tribunal may defer a direction for the conditional discharge of a patient until such arrangements as appear to the tribunal to be necessary for that purpose have been made to their satisfaction; and where by virtue of any such deferment no direction has been given on an application or reference before the time when the patient's case comes before the tribunal on a subsequent application or reference, the previous application or reference shall be treated as one on which no direction under this paragraph can be given.

• (8) This paragraph is without prejudice to section 66 of the principal Act (termination of restriction orders and absolute or conditional discharge by the Secretary of State).

6

• (1) Where an application to a Mental Health Review Tribunal is made by a restricted patient who is subject to a restriction direction, or where the case of such a patient is referred to such a tribunal, the tribunal—

• (a) shall notify the Secretary of State whether, in their opinion, the patient would, if subject to a restriction order, be entitled to be absolutely or conditionally discharged under paragraph 5 above ; and

• (b) if they notify him that the patient would be entitled to be conditionally discharged, may recommend that in the event of his not being discharged under this paragraph he should continue to be detained in hospital.

• (2) If in the case of a patient not falling within sub-paragraph (4) below —

• (a) the tribunal notify the Secretary of State that the patient would be entitled to be absolutely or conditionally discharged ; and

• (b) within the period of ninety days beginning with the date of that notification the Secretary of State gives notice to the tribunal that the patient may be so discharged,

the tribunal shall direct the absolute or, as the case may be, the conditional discharge of the patient.

• (3) Where a patient continues to be liable to be detained in a hospital at the end of the period referred to in sub-paragraph (2) (b) above because the Secretary of State has not given the notice there mentioned, the managers of the hospital shall, unless the tribunal have made a recommendation under sub-paragraph (1)(b) above, transfer the patient to a prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed.

• (4) If, in the case of a patient who is subject to a transfer direction under section 73 of the principal Act, the tribunal notify the Secretary of State that the patient would be entitled to be absolutely or conditionally discharged, the Secretary of State shall, unless the tribunal have made a recommendation under sub-paragraph (1)(b) above, by warrant direct that the patient be remitted to a prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed.

• (5) Where a patient is transferred or remitted under sub-paragraph (3)or (4) above the relevant transfer direction and the restriction direction shall cease to have effect on his arrival in the prison or other institution.

• (6) Sub-paragraphs (3) to (8) of paragraph 5 above shall have effect in relation to this paragraph as they have effect in relation to that paragraph, taking references to the relevant hospital order and the restriction order as references to the transfer direction and the restriction direction.

• (7) This paragraph is without prejudice to sections 75 and 76 of the principal Act and sections 26 and 27 of this Act (termination of transfer directions and return to prison etc. of transferred prisoners) in their application to patients who are not discharged under this paragraph.

Further consideration of case of conditionally discharged patient

7

• (1) Where a restricted patient has been conditionally discharged under this Schedule or under section 66(2) of the principal Act and is subsequently recalled to hospital—

• (a) the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to a Mental Health Review Tribunal; and

• (b) paragraph 2 above shall apply to the patient as if the relevant hospital order or transfer direction had been made on that day.

• (2) Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to a Mental Health Review Tribunal—

• (a) in the period between the expiration of twelve months and the expiration of two years beginning with the date on which he was conditionally discharged ; and

• (b) in any subsequent period of two years.

• (3) Any application under sub-paragraph (2) above shall be made to the tribunal for the area in which the patient resides.

• (4) Paragraphs 5 and 6 above shall not apply to an application under sub-paragraph (2) above but on any such application the tribunal may—

• (a) vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or

• (b) direct that the restriction order or restriction direction to which he is subject shall cease to have effect;

and if the tribunal give a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order or transfer direction.

Procedure and composition of tribunals

8

• (1) Rules under section 124 of the principal Act may make provision as to the procedure to be adopted in cases concerning restricted patients and, in particular—

• (a) for restricting the persons qualified to serve as president of a tribunal for the consideration of any application or reference relating to a restricted patient;

• (b) for the transfer of proceedings from one tribunal to another in any case where, after the making of a reference or application in accordance with paragraph 3(4) or 7(3) above, the patient ceases to reside in the area of the tribunal to which the reference or application was made.

• (2) Paragraph 6 of Schedule 1 to the principal Act shall have effect subject to any rules made by virtue of sub-paragraph (1)(d) above.

Persons treated as restricted patients

9

• (1) Subject to the provisions of this paragraph, the foregoing provisions of this Schedule shall have effect in relation to a person to whom this paragraph applies as they have effect in relation to a restricted patient.

• (2) This paragraph applies to any person who—

• (a) is subject to a direction which by virtue of section 71(4) of the principal Act has the same effect as a hospital order and a restriction order ; or

• (b) is treated as subject to a hospital order and a restriction order by virtue of an order under section 5(1) of the Criminal Procedure (Insanity) Act 1964 or section 6 or 14(1) of the Criminal Appeal Act 1968 ; or

• (c) is treated as subject to a hospital order and a restriction order or to a transfer direction and a restriction direction by virtue of section 87(2) of the principal Act, section 37(2) of this Act or section 73(2) of the Mental Health (Scotland) Act 1960.

• (3) In the case of a person within paragraph (a) of sub-paragraph (2) above references in this Schedule to the relevant hospital order or restriction order shall be construed as references to the direction referred to in that paragraph.

• (4) In the case of a person within paragraph (b) of sub-paragraph (2) above references in this Schedule to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in that paragraph.

• (5) Where a person who is treated as subject to a hospital order and a restriction order by virtue of an order under section 5(1) of the Criminal Procedure (Insanity) Act 1964 does not exercise his right to apply to a Mental Health Review Tribunal in the period of six months beginning with the date of that order the Secretary of State shall at the expiration of that period refer his case to a tribunal.

• (6) For the purposes of sub-paragraph (5) above a person who applies to a tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a patient withdraws his application on a date after the expiration of the period there mentioned the Secretary of State shall refer his case as soon as possible after that date.

• (7) In the case of a person within paragraph (c) of sub-paragraph (2) above references in this Schedule to the relevant hospital order, the relevant transfer direction, the restriction order or the restriction direction or to a transfer direction under section 73 of the principal Act shall be construed as references to the hospital order, transfer direction, restriction order, restriction direction or transfer direction under that section to which that person is treated as subject by virtue of the provisions mentioned in that paragraph.

SCHEDULE 2

Interpretation

1

In this Schedule—

• "the Act of 1949" means the Representation of the People Act 1949 ;

• " mental hospital" means any establishment maintained wholly or mainly for the reception and treatment of persons suffering from any form of mental disorder ;

• "voluntary mental patient" means a person who is a patient in a mental hospital but is not liable to be detained there by virtue of any enactment.

Registration of voluntary mental patients

2

• (1) Subject to sub-paragraph (2) below, a person who on the qualifying date is a voluntary mental patient shall not be entitled to be registered as mentioned in section 8(1) or (2) of the Act of 1949 except in pursuance of a declaration made with reference to that date in accordance with paragraph 3 below.

• (2) Sub-paragraph (1) above is without prejudice to the registration of a voluntary mental patient by virtue of his residence at an address other than the mental hospital in which he is a patient in any case in which he would be entitled to be so registered apart from this Schedule.

Patient’s declaration

3

• (1) A voluntary mental patient may make a declaration under this paragraph (a " patient's declaration") if he is able to do so without assistance.

• (2) A patient's declaration shall be made with a view to registration in the register of electors for a particular year and with reference to the qualifying date for that register.

• (3) A patient's declaration shall be made during the twelve months ending with the qualifying date by reference to which it is made but shall not have effect if after it is made and before that date the declarant ceases to be a voluntary mental patient or cancels the declaration.

• (4) A patient's declaration may be made by a declarant notwithstanding the fact that by reason of his age he is not yet entitled to vote.

• (5) A patient's declaration shall state that it was made by the declarant without assistance and—

• (a) the date of the declaration ;

• (b) that on that date and, unless it is the qualifying date, on the qualifying date next following the declarant is or will be a voluntary mental patient;

• (c) the address of the mental hospital in which the declarant is a voluntary mental patient;

• (d) the address where the declarant would be resident in the United Kingdom if he were not a voluntary mental patient or, if he cannot give any such address, an address (other than a mental hospital) at which he has resided in the United Kingdom ;

• (e) that on the date of the declaration the declarant is a Commonwealth citizen or a citizen of the Republic of Ireland; and

• (f) whether the declarant had on the date of the declaration attained the age of eighteen years and, if he had not, the date of his birth.

• (6) A patient's declaration shall be attested in the prescribed manner.

• (7) If a person makes a patient's declaration declaring to more than one address, or makes more than one patient's declaration bearing the same date and declaring to different addresses, the declaration or declarations shall be void.

• (8) A patient's declaration may at any time be cancelled by the declarant and, subject to sub-paragraph (7) above, a patient's declaration bearing a later date shall, without any express cancellation, cancel a declaration bearing an earlier date if it is made with reference to the same qualifying date.

• (9) In this paragraph " assistance " does not include assistance necessitated by blindness or other physical incapacity.

Effect of patient's declaration

4

• (1) A voluntary mental patient whose patient's declaration is made with reference to the qualifying date for any register shall be treated in relation to that register—

• (a) as resident on the qualifying date at the address specified in the declaration pursuant to paragraph 3(5)(d) above ;

• (b) in the case of registration in Northern Ireland, as resident in Northern Ireland during the whole of the period of three months ending on the qualifying date ; and

• (c) in any case, until the contrary is proved, as being a Commonwealth citizen or a citizen of the Republic of Ireland of the age appearing from the declaration and as not being subject to any legal incapacity except as so appearing.

• (2) Where a patient's declaration appearing to be properly made out and attested is transmitted to the registration officer in the proper manner, the declarant shall, until the contrary is proved, be treated for the purposes of registration as having been from the date of the declaration or such later date, if any, as appears therefrom, and as continuing to be, qualified to be registered as an elector.

Local government elections

5

• (1) Subject to sub-paragraph (2) below, no patient's declaration shall be specially made by any person for the purpose of local government elections but any patient's declaration made for the purpose of parliamentary elections shall have effect also for the purpose of local government elections.

• (2) A patient's declaration may be made for the purpose of local government elections only by any person who is a peer subject to a legal incapacity to vote at parliamentary elections and, where so made, shall be marked to show that it is available for local government elections only but shall in all other respects be the same as any other patient's declaration.

Offences

6

Section 49 of the Act of 1949 shall have effect in relation to a patient's declaration as it has effect in relation to a service declaration, taking the reference to subsection (2) of section 10 of that Act as a reference to sub-paragraph (1) of paragraph 3 above and the reference to the particulars required by regulations under that section as a reference to the particulars required by sub-paragraph (5) of that paragraph.

Voting by post

7

• (1) A person who is registered by virtue of a patient's declaration may vote by post if he applies to be treated as an absent voter and furnishes an address in the United Kingdom to which a ballot paper is to be sent for the purpose.

• (2) The application shall be for a particular election only.

• (3) An application to be treated as an absent voter by virtue of this paragraph shall be made to the registration officer and shall be allowed by him if he is satisfied that the applicant is, or will if registered be, entitled under this paragraph to vote as an absent voter.

Supplementary

8

This Schedule and the Act of 1949 shall have effect as if this Schedule were contained in Part I of that Act.

SCHEDULE 3

PART I

The Mental Health Act 1959

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

In section 33—

• (a) after subsection (2) there shall be inserted—

(2A) A guardianship application shall be founded on the written recommendations in the prescribed form of two medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in paragraphs (a) and (b) of subsection (2) of this section are complied with ; and each such recommendation shall include— (a) such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in the said paragraph (a); and (b) a statement of the reasons for that opinion so far as it relates to the conditions set out in the said paragraph (b). (2B) A guardianship application shall state the age of the patient or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed to have attained the age of sixteen years.

;

• (b) for subsection (5) there shall be substituted—

(5) Subsection (4) of section 26 and sections 27 and 28 of this Act shall apply in relation to a guardianship application as they apply in relation to an application for admission for treatment, but subject to the following modifications, that is to say— (a) in subsection (4) of section 26 the reference to subsection (2) of that section shall be construed as a reference to subsection (2) of this section; (b) in section 27 the words in subsection (1) " shall be addressed to the managers of the hospital to which the admission is sought, and" and subsection (1A) shall be omitted ; (c) in section 28 subsections (3), (3A) and (5) shall be omitted and for paragraph (e) of subsection (4) there shall be substituted— (e) the person named as guardian in the application

3

In section 41(2)(a) for the word " observation " there shall be substituted the word " assessment ".

4

In section 42(3) for the words " the interests of the patient" there shall be substituted the words " the interests of the welfare of the patient ".

5

In sections 47(3) and 52(4) for the word " observation" there shall be substituted the word " assessment ".

6

In section 59—

• (a) in subsection (1), in paragraph (a) of the definition of " the responsible medical officer", for the word "observation" there shall be substituted the word " assessment ";

• (b) in subsection (3) for the word " subnormal" and for the word " subnormality ", in both places, there shall be substituted respectively the words " mentally impaired " and " mental impairment" and after the words " section thirty-eight" there shall be inserted the words "or 43(5A) ".

7

In section 60(2) for the words " severe subnormality" there shall be substituted the words " severe mental impairment ".

8

In section 65—

• (a) in subsections (2) and (3) for the words " an order restricting discharge " there shall be substituted the words " a restriction order ";

• (b) at the end of subsection (3)(a) there shall be inserted the words " or Schedule 1 to the Mental Health (Amendment) Act 1982 ";

• (c) in subsection (4) for the words " an order restricting the discharge of the patient" there shall be substituted the words " a restriction order in respect of the patient ";

• (d) in subsection (5) for the words " an order restricting the discharge of a patient", " an order restricting his discharge " and " the order restricting his discharge " there shall be substituted respectively the words " a restriction order in respect of a patient " , " a restriction order " and " the restriction order ".

9

In section 66—

• (a) in subsection (1) for the words "an order restricting the discharge of a patient" and " the order restricting the discharge of the patient" there shall be substituted respectively the words " in the case of any patient a restriction order " and " the restriction order " ;

• (b) in subsection (2) for the words " an order restricting the discharge of a patient is in force " and " the order restricting his discharge " there shall be substituted respectively the words " a restriction order is in force in respect of a patient " and " the restriction order " ;

• (c) in subsection (3) for the words " an order restricting the discharge of a patient" and " the order restricting his discharge ", in both places, there shall be substituted respectively the words " a restriction order in respect of a patient " and " the restriction order " ;

• (d) in subsection (4) for the words " an order restricting the discharge of a patient" there shall be substituted the words " a restriction order in respect of a patient ";

• (e) in subsection (5) for the words " an order restricting discharge " there shall be substituted the words " a restriction order ".

10

In section 67—

• (a) in subsections (1)(b), (3)(a) and (4) for the words " an order restricting his discharge" there shall be substituted the words " a restriction order ";

• (b) after subsection (3) there shall be inserted—

(3A) The Crown Court shall have the like power to make orders under sections 29, 30 and 31 of the Mental Health (Amendment) Act 1982 in the case of a person committed to the court under this section as the Crown Court has under those sections in the case of an accused person within the meaning of section 29 or 30 or of a person convicted before that court as mentioned in section 31.

;

• (c) in subsection (5) for the words " an order restricting discharge " there shall be substituted the words " a restriction order ".

11

In section 68(2) for the words "an order restricting his discharge " there shall be substituted the words " a restriction order ".

12

In section 71(4) for the words " an order restricting his discharge " there shall be substituted the words " a restriction order ".

13

In section 72(1)(a) for the words " subnormality or severe sub-normality " there shall be substituted the words " mental impairment or severe mental impairment ".

14

In section 73(1) for the words " severe subnormality " there shall be substituted the words " severe mental impairment ".

15

In section 74—

• (a) in subsection (1) for the words " paragraphs (a) to (d)" there shall be substituted the words " paragraph (a) or (d) ";

• (b) in subsection (2) for the words " a direction restricting discharge " and " an order restricting the discharge of the patient" there shall be substituted respectively the words " a restriction direction " and " a restriction order ".

16

In section 75—

• (a) in subsection (1) for the words " direction restricting discharge ", in both places, there shall be substituted the words " restriction direction ";

• (b) in subsection (2) for the words "direction restricting the discharge " there shall be substituted the words " restriction direction in the case ".

17

In section 76—

• (a) in subsection (1) for the words "paragraphs (a) to (c)" there shall be substituted the words " paragraph (a) " and after the words " this Part of this Act" there shall be inserted the words " or the Mental Health (Amendment) Act 1982 ";

• (b) in subsection (2)(b) for the words " an order restricting discharge " there shall be substituted the words " a restriction order ";

• (c) in subsection (3) for the words " severe subnormality " there shall be substituted the words " severe mental impairment ".

18

In section 80(4) for the words " an order restricting the discharge of a patient subject to a hospital order" there shall be substituted the words " a restriction order ".

19

In section 81—

• (a) in subsection (2)(a) for the words " an order or direction under any enactment in this Act restricting his discharge " there shall be substituted the words " a restriction order or restriction direction under any enactment in this Act ";

• (b) in subsection (3) for the word " observation " there shall be substituted the word " assessment ";

• (c) in subsection (5) for the words from "an order or direction restricting discharge " onwards there shall be substituted the words " a restriction order or restriction direction of limited duration, the order or direction restricting his discharge to which he is subject by virtue of subsection (2)(a) of this section shall expire on the date on which the restriction order or restriction direction would have expired if he had not been so removed. "

20

In section 85—

• (a) in subsection (2)(d) for the words " an order or direction under any enactment in this Act restricting his discharge " there shall be substituted the words " a restriction order or restriction direction under any enactment in this Act ";

• (b) in subsection (3) for the word " observation " there shall be substituted the word " assessment ";

• (c) in subsection (6) for the words from " an order or direction restricting discharge" onwards there shall be substituted the words " a restriction order or restriction direction of limited duration, the order or direction restricting his discharge to which he is subject by virtue of subsection (2)(c) of this section shall expire on the date on which the restriction order or restriction direction would have expired if he had not been so removed. "

21

In section 87—

• (a) in subsection (2)(a) for the words " an order or direction under the corresponding enactment in force in England and Wales " there shall be substituted the words " a restriction order or restriction direction ";

• (b) in subsection (3)(a) for the word " observation " there shall be substituted the word " assessment ";

• (c) in subsection (5) for the words from " that order or direction " onwards, there shall be substituted the words " the restriction order or restriction direction to which he is subject by virtue of subsection (2)(a) of this section shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed. "

22

In subsection (2)(a) of section 123 for the words " sub-normality or severe subnormality" there shall be substituted the words " mental impairment or severe mental impairment " and for subsection (4) of that section there shall be substituted—

(4) This section applies in relation to references to a Mental Health Review Tribunal as it applies in relation to applications made to such a tribunal by or in respect of a patient.

23

In section 140(2) for the words "an order under Part V of this Act restricting his discharge " there shall be substituted the words " a restriction order under Part V of this Act ".

24

In section 147(1) after the definition of "patient" there shall be inserted—

• ' restriction direction' has the meaning assigned to it by section 74 of this Act;
• ' restriction order' has the meaning assigned to it by section 65 of this Act;

.

25

In Schedule 3—

• (a) for the entry in the third column relating to section 37 there shall be substituted an entry in the same terms as that in the second column ;

• (b) for the entry in the second and third columns relating to section 40 there shall be substituted respectively " Subsection (3A) shall be omitted "and " Subsections (2), (3) and (3A), and in subsection (1) the words ' subject to the provisions of this section ', shall be omitted " ;

• (c) at the end of the entry in the second column relating to section 43 there shall be added the words " and in subsection (5A) for the words " the application for admission for treatment or, as the case may be, in the guardianship application, that application " there shall be substituted the words " the relevant order or direction under Part V of this Act, that order or direction ";

• (d) for the entry in the second column relating to section 45 there shall be substituted " None ";

• (e) for the entry in the second column relating to section 47 there shall be substituted " In paragraph (a) of subsection (2) the reference to an application for admission for assessment, and in that paragraph and paragraph (c) of that subsection the references to the nearest relative, shall be omitted " and for the second entry in the third column relating to that section there shall be substituted " In paragraph (a) of subsection (2) the reference to an application for admission for assessment and the reference to the nearest relative shall be omitted and paragraph (c) of that subsection shall be omitted. "

26

In Schedule 6—

• (a) in paragraph 12(3) for the words from the beginning to " that sub-paragraph " there shall be substituted the words " Any such patient as is mentioned in paragraph 9(3)(b) of this Schedule " ;

• (b) in paragraph 15(3) and (6) for the words " a direction restricting his discharge " there shall be substituted the words " a restriction direction ";

• (c) in paragraph 17 for the words "a direction restricting the discharge of " there shall be substituted the words " a restriction direction in respect of " and for the word " sub-normality", in both places, there shall be substituted the words " mental impairment ".

The Army Act 1955

27

In section 116(7)—

• (a) for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ”;

• (b) for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

The Air Force Act 1955

28

In section 116(7)—

• (a) for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

• (b) for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

The Sexual Offences Act 1956

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Naval Discipline Act 1957

30

In section 71(6)—

• (a) for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ”;

• (b) for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

The Mental Health (Scotland) Act 1960

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Administration of Justice Act 1960

32

In section 5—

• (a) after subsection (4) there shall be inserted—

(4A) Where an order is made under the said subsection (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982, the order may, if the court thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event— (a) subsection (3) of this section shall not apply to the order ; (b) Part V of the said Act of 1959 shall apply as if he had been ordered under this section to be detained in custody so long as any appeal under section 1 of this Act is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and (c) if the defendant is detained by virtue of this subsection and the appeal to the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.

;

• (b) in subsection (5) for the words “subsection (3) or subsection (4)” there shall be substituted the words “ subsection (3), (4) or (4A) ”.

The Criminal Procedure (Insanity) Act 1964

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Sexual Offences Act 1967

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Criminal Justice Act 1967

35

In section 72—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (4) at the end of the definition of “convicted mental patient” there shall be inserted the words “ or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982 ”.

The Criminal Appeal Act 1968

36

In section 8 after subsection (3) there shall be inserted—

(3A) If the person ordered to be retired was, immediately before the determination of his appeal, liable to be detained in pursuance of a remand under section 30 of the Mental Health (Amendment) Act 1982 or an interim hospital order under section 31 of that Act, the Court of Appeal may, if they think fit, order that he shall continue to be edtained in a hospital or mental nursing home, and in that event Part V of the Mental Health Act 1959 shall apply as if he had been ordered under this section to kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.

37

In section 11 after subsection (4) there shall be inserted—

(5) The fact that an appeal is pending against an interim hospital order under the Mental Health (Amendment) Act 1982 shall not affect the power of the court below to renew or terminate the order or to deal with the appellant on its termination ; and where the Court of Appeal quash such an order but do not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his beng dealt with by the court below. (6) Where the Court of Appeal make an interim hospital order by virtue of subsection (3) of this section— (a) the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not be the Court of Appeal ; and (b) the court below shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offender) as the court that made the order.

38

In section 14(2)—

• (a) for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

• (b) for the words “admitted for observation” there shall be substituted the words “ admitted for assessment ”.

39

In section 37—

• (a) after subsection (4) there shall be inserted—

(4A) Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under section 30 of the Mental Health (mendment) Act 1983 or an interim hospital order under section 31 of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event— (a) subsection (3) of this section shall not apply to the order ; (b) Part V of the said Act of 1959 shall apply to him as if he had been ordered under this section to be detained in csutody so llong as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and (c) if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.

;

• (b) in subsection (5) for the words “subsection (3) or (4)” there shall be substituted the words “ subsection (3), (4) or (4A) ”.

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

In Schedule 1—

• (a) in paragraph 2 for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ” ;

• (b) in paragraph 3 for the word “observation” there shall be substituted the word “ assessment ”.

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Courts-Martial (Appeals) Act 1968

43

In section 23—

• (a) in subsection (2)(a) for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;

• (b) in subsection (3) for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.

The Children and Young Persons Act 1969

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Local Authority Social Services Act 1970

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Costs in Criminal Cases Act 1973

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Juries Act 1974

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Rehabilitation of Offenders Act 1974

49

In section 5(7) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ”.

The Criminal Procedure (Scotland) Act 1975

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Nursing Homes Act 1975

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

53

In section 10(2) after the words " the Mental Health Act 1959 " there shall be inserted the words " or the Mental Health (Amendment) Act 1982 ".

The Adoption Act 1976

54

In section 32(3)(c) for the words " the said Act of 1959 " there shall be substituted the words " the Mental Health Act 1959 or the Mental Health (Amendment) Act 1982 ".

The National Health Service Act 1977

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Foster Children Act 1980

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Limitation Act 1980

58

In section 38(4)—

• (a) in paragraph (a) after the words " the Mental Health Act 1959 " there shall be inserted the words " or section 30 or 31 of the Mental Health (Amendment) Act 1982 ";

• (b) in paragraph (b) for the words from " within " to " guardian ship under that Act" there shall be substituted the words " within the meaning of the said Act of 1959 without being liable to be detained as aforesaid, being treatment which follows without any interval a period during which he was liable to be detained or subject to guardianship as aforesaid ".

The Contempt of Court Act 1981

59

In section 14(4)—

• (a) after “1959” there shall be inserted the words “ or an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982 ” ;

• (b) for the words “severe subnormality” there shall be substituted the words “ severe mental impairment ”.

60

After section 14(4) there shall be inserted—

(4A) Each of the superior courts shall have the like power to make an order under section 29 of the said Act of 1982 (remand for report on accused’s mental condition) where there is reason to suspect that a person who could be committed to prison for contempt of court is suffering from mental illness or severe mental impairment as the Crown Court has under that section in the case of an accused person within the meaning of that section.

Senior Courts Act 1981

61

In section 48—

• (a) in subsection (6)(a) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order, and an interim hospital order under the Mental Health (Amendment) Act 1982 ” ;

• (b) after subsection (6) there shall be inserted—

(7) The fact that an appeal is pending against an interim hospital order under the said Act of 1982 shall not affect the power of the magistrates’ court that made it to renew or terminate the order or to deal with the appellant on its termination ; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates’ court. (8) Where the Crown Court makes an interim hospital order by virtue of subsection (2)— (a) the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates’ court whose decision is appealed against and not by the Crown Court ; and (b) that magistrates’ court shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offenders) as the court that made the order.