Mental Health Act 1983

• (b) the person is a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient and the scope of the donee's authority includes matters related to the care and treatment of the patient;

• (c) the person is a deputy appointed for the patient by the Court of Protection under section 16 of that Act and the scope of the deputy's authority includes matters related to the care and treatment of the patient.

• (7) In subsection (6), “ carer ”, in relation to a Welsh qualifying informal patient, means an individual who provides or intends to provide a substantial amount of care on a regular basis for the patient, but does not include any individual who provides, or intends to provide care by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether or not incorporated);

• (8) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter.

Accommodation, etc. for children

Duty of managers of hospitals to give information to detained patients.

Review of decisions to withhold correspondence

Pay, pensions, etc., of mentally disordered persons.

Duty to give information about independent mental health advocates

Application to Scotland.

12ZA

• (1) The Secretary of State may enter into an agreement with another person for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—

• (a) with that other person, and

• (b) if a requirement under section 12ZB has effect, with the other person by whom the function is exercisable under that requirement.

• (2) In this section and sections 12ZB and 12ZC, “approval function” means—

• (a) the function under section 12(2), or

• (b) the function of approving persons as approved clinicians.

• (3) An agreement under this section may, in particular, provide for an approval function to be exercisable by the other party—

• (a) in all circumstances or only in specified circumstances;

• (b) in all areas or only in specified areas.

• (4) An agreement under this section may provide for an approval function to be exercisable by the other party—

• (a) for a period specified in the agreement, or

• (b) for a period determined in accordance with the agreement.

• (5) The other party to an agreement under this section must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function.

• (6) An instruction under subsection (5) may require the other party to cease to exercise the function to such extent as the instruction specifies.

• (7) The agreement may provide for the Secretary of State to pay compensation to the other party in the event of an instruction such as is mentioned in subsection (6) being given.

• (8) An instruction under subsection (5) may be given in such form as the Secretary of State may determine.

• (9) The Secretary of State must publish instructions under subsection (5) in such form as the Secretary of State may determine; but that does not apply to an instruction such as is mentioned in subsection (6).

• (10) An agreement under this section may provide for the Secretary of State to make payments to the other party; and the Secretary of State may make payments to other persons in connection with the exercise of an approval function by virtue of this section.

12ZB

• (1) The Secretary of State may impose a requirement on NHS England (“NHS England”) or a Special Health Authority for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—

• (a) with NHS England or (as the case may be) Special Health Authority, and

• (b) if an agreement under section 12ZA has effect, with the other person by whom the function is exercisable under that agreement.

• (2) The Secretary of State may, in particular, require the body concerned to exercise an approval function—

• (a) in all circumstances or only in specified circumstances;

• (b) in all areas or only in specified areas.

• (3) The Secretary of State may require the body concerned to exercise an approval function—

• (a) for a period specified in the requirement, or

• (b) for a period determined in accordance with the requirement.

• (4) Where a requirement under subsection (1) is imposed, NHS England or (as the case may be) Special Health Authority must comply with such instructions as the Secretary of State may give with respect to the exercise of the approval function.

• (5) An instruction under subsection (4) may be given in such form as the Secretary of State may determine.

• (6) The Secretary of State must publish instructions under subsection (4) in such form as the Secretary of State may determine.

• (7) Where NHS England or a Special Health Authority has an approval function by virtue of this section, the function is to be treated for the purposes of the National Health Service Act 2006 as a function that it has under that Act.

• (8) The Secretary of State may make payments in connection with the exercise of an approval function by virtue of this section.

12ZC

• (1) A relevant person may provide another person with such information as the relevant person considers necessary or appropriate for or in connection with—

• (a) the exercise of an approval function; or

• (b) the exercise by the Secretary of State of the power—

• (i) to enter into an agreement under section 12ZA;

• (ii) to impose a requirement under section 12ZB; or

• (iii) to give an instruction under section 12ZA(5) or 12ZB(4).

• (2) The relevant persons are—

• (a) the Secretary of State;

• (b) a person who is a party to an agreement under section 12ZA; or

• (c) if the Secretary of State imposes a requirement under section 12ZB on NHS England or a Special Health Authority, NHS England or (as the case may be) Special Health Authority.

• (3) This section, in so far as it authorises the provision of information by one relevant person to another relevant person, has effect notwithstanding any rule of common law which would otherwise prohibit or restrict the provision.

• (4) In this section, “information” includes documents and records.

Restrictions on discharge by nearest relative.

Electro-convulsive therapy, etc.

Electro-convulsive therapy, etc.

Treatment not requiring consent.

Adult community patients

Child community patients

64FA

• (1) Where the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for the purposes of section 64B or 64E above, the patient may at any time before the completion of the treatment withdraw his consent, and those sections shall then apply as if the remainder of the treatment were a separate form of treatment.

• (2) Subsection (3) below applies where—

• (a) the consent of a patient to any treatment has been given as mentioned in section 64C(2)(a) above for the purposes of section 64B or 64E above; but

• (b) before the completion of the treatment, the patient loses capacity or (as the case may be) competence to consent to the treatment.

• (3) The patient shall be treated as having withdrawn his consent and section 64B or (as the case may be) section 64E above shall then apply as if the remainder of the treatment were a separate form of treatment.

• (4) Without prejudice to the application of subsections (1) to (3) above to any treatment given under the plan of treatment to which a patient has consented, a patient who has consented to such a plan may at any time withdraw his consent to further treatment, or to further treatment of any description, under the plan.

• (5) This section shall not preclude the continuation of any treatment, or of treatment under any plan, pending compliance with section 58, 58A, 64B or 64E above if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of treatment under the plan, would cause serious suffering to the patient.

Transfer of conditionally discharged patients from Scotland

Procedure of Mental Health Review Tribunal for Wales.

Removal of patients subject to compulsion in the community from Scotland

Procedure of Mental Health Review Tribunal for Wales.

Transfer of conditionally discharged patients from Scotland

Removal of patients to Northern Ireland.

Removal of patients to Channel Islands or Isle of Man.

Patients absent from hospitals in England and Wales.

Powers of entry and inspection.

114ZA

• (1) Social Work England may approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in England.

• (2) Social Work England must publish a list of—

• (a) the courses which are approved under this section, and

• (b) the courses which have been, but are no longer, approved under this section and the periods for which they were so approved.

• (3) The functions of an approved mental health professional are not to be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Social Work England may charge fees for approving courses under subsection (1).

• (6) In this section “Social Work England” means the body corporate established by section 36(1) of the Children and Social Work Act 2017.

Powers of entry and inspection.

Code of practice.

Section 130A: supplemental

Duty to give information about independent mental health advocates

Independent mental health advocates: Wales

Duty of managers of hospitals to give information to community patients

Informal admission of patients.

Accommodation, etc. for children

Review of decisions to withhold correspondence

General provisions as to regulations, orders and rules.

Application to Scotland.

Procedure on applications to county court.

Restriction on discharge of prisoners removed to hospital.

Interim hospital orders.

Treatment requiring consent or a second opinion.

Child community patients

Liability for negligence

References to tribunals by Secretary of State concerning Part II patients.

References to tribunals by Secretary of State concerning Part II patients.

Restricted patients subject to restriction directions.

Procedure of Mental Health Review Tribunal for Wales.

Removal of patients subject to compulsion in the community from Scotland

Procedure of Mental Health Review Tribunal for Wales.

Removal of patients subject to compulsion in the community from Scotland

Removal of patients to Channel Islands or Isle of Man.

Patients absent from hospitals in England and Wales.

Approval of courses: England

Powers of entry and inspection.

117A

• (1) The Secretary of State may by regulations provide that where—

• (a) the local social services authority under section 117 is, in discharging its duty under subsection (2) of that section, providing or arranging for the provision of accommodation for the person concerned;

• (b) the person concerned expresses a preference for particular accommodation; and

• (c) any prescribed conditions are met,

the local social services authority must provide or arrange for the provision of the person's preferred accommodation.

• (2) Regulations under this section may provide for the person concerned, or a person of a prescribed description, to pay for some or all of the additional cost in prescribed cases.

• (3) In subsection (2), “ additional cost ” means the cost of providing or arranging for the provision of the person's preferred accommodation less the amount that the local social services authority would expect to be the usual cost of providing or arranging for the provision of accommodation of that kind.

• (4) The power to make regulations under this section—

• (a) is exercisable only in relation to local social services authorities in England;

• (b) includes power to make different provision for different cases or areas.

117B

• (1) Section 117 does not authorise or require a local social services authority ..., in or in connection with the provision of services under that section, to provide or arrange for the provision of nursing care by a registered nurse.

• (2) In this section “nursing care by a registered nurse” means a service provided by a registered nurse involving—

• (a) the provision of care, or

• (b) the planning, supervision or delegation of the provision of care,

other than a service which, having regard to its nature and the circumstances in which it is provided, does not need to be provided by a registered nurse.

After-care: preference for particular accommodation

Duty to give information about independent mental health advocates

Welsh qualifying compulsory patients

Duty to give information about independent mental health advocates to Welsh qualifying informal patients

Duty of managers of hospitals to give information to detained patients.

Review of decisions to withhold correspondence

General provisions as to regulations, orders and rules.

Application to Scotland.

Urgent treatment.

Effect of hospital and limitation directions.

Treatment requiring consent or a second opinion.

Child community patients

Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland

Restricted patients subject to restriction directions.

Removal of patients to Northern Ireland.

Removal of patients to Channel Islands or Isle of Man.

Patients absent from hospitals in England and Wales.

Approval of courses: England

Duty to give information about independent mental health advocates

Arrangements under section 130A

Independent mental health advocates: Wales

Duty of managers of hospitals to give information to detained patients.

Duty to give information about independent mental health advocates to Welsh qualifying informal patients

Informal admission of patients.

Accommodation, etc. for children

Duty of managers of hospitals to give information to community patients

Power to amend local Acts.

Application to Northern Ireland.

136A

• (1) A child may not, in the exercise of a power to which this section applies, be removed to, kept at or taken to a place of safety that is a police station.

• (2) The Secretary of State may by regulations—

• (a) provide that an adult may be removed to, kept at or taken to a place of safety that is a police station, in the exercise of a power to which this section applies, only in circumstances specified in the regulations;

• (b) make provision about how adults removed to, kept at or taken to a police station, in the exercise of a power to which this section applies, are to be treated while at the police station, including provision for review of their detention.

• (3) Regulations under this section—

• (a) may make different provision for different cases;

• (b) may make provision that applies subject to specified exceptions;

• (c) may include incidental, supplementary or consequential provision or transitional, transitory or saving provision.

• (4) The powers to which this section applies are—

• (a) the power to remove a person to a place of safety under a warrant issued under section 135(1);

• (b) the power to take a person to a place of safety under section 135(3A);

• (c) the power to remove a person to, or to keep a person at, a place of safety under section 136(1);

• (d) the power to take a person to a place of safety under section 136(3).

• (5) In this section—

• (a) “child” means a person aged under 18;

• (b) “adult” means a person aged 18 or over.

136B

• (1) The registered medical practitioner who is responsible for the examination of a person detained under section 135 or 136 may, at any time before the expiry of the period of 24 hours mentioned in section 135(3ZA) or (as the case may be) 136(2A), authorise the detention of the person for a further period not exceeding 12 hours (beginning immediately at the end of the period of 24 hours).

• (2) An authorisation under subsection (1) may be given only if the registered medical practitioner considers that the extension is necessary because the condition of the person detained is such that it would not be practicable for the assessment of the person for the purpose of section 135 or (as the case may be) section 136 to be carried out before the end of the period of 24 hours (or, if the assessment began within that period, for it to be completed before the end).

• (3) If the person is detained at a police station, and the assessment would be carried out or completed at the station, the registered medical practitioner may give an authorisation under subsection (1) only if an officer of the rank of superintendent or above approves it.

136C

• (1) Where a warrant is issued under section 135(1) or (2), a constable may search the person to whom the warrant relates if the constable has reasonable grounds for believing that the person—

• (a) may present a danger to himself or herself or to others, and

• (b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

• (2) The power to search conferred by subsection (1) may be exercised—

• (a) in a case where a warrant is issued under section 135(1), at any time during the period beginning with the time when a constable enters the premises specified in the warrant and ending when the person ceases to be detained under section 135;

• (b) in a case where a warrant is issued under section 135(2), at any time while the person is being removed under the authority of the warrant.

• (3) Where a person is detained under section 136(2) or (4), a constable may search the person, at any time while the person is so detained, if the constable has reasonable grounds for believing that the person—

• (a) may present a danger to himself or herself or to others, and

• (b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

• (4) The power to search conferred by subsection (1) or (3) is only a power to search to the extent that is reasonably required for the purpose of discovering the item that the constable believes the person to be concealing.

• (5) The power to search conferred by subsection (1) or (3)—

• (a) does not authorise a constable to require a person to remove any of his or her clothing other than an outer coat, jacket or gloves, but

• (b) does authorise a search of a person’s mouth.

• (6) A constable searching a person in the exercise of the power to search conferred by subsection (1) or (3) may seize and retain anything found, if he or she has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to others.

• (7) The power to search a person conferred by subsection (1) or (3) does not affect any other power to search the person.

Welsh qualifying compulsory patients

Duty to give information about independent mental health advocates to Welsh qualifying informal patients

Informal admission of patients.

Accommodation, etc. for children

Duty of managers of hospitals to give information to detained patients.

Review of decisions to withhold correspondence

General provisions as to regulations, orders and rules.

Application to Scotland.

Electro-convulsive therapy, etc.

Liability for negligence

Applications to tribunals concerning patients subject to hospital and guardianship orders.

Removal of patients to Northern Ireland.

Removal of patients to Channel Islands or Isle of Man.

Patients absent from hospitals in England and Wales.

Approval of courses: England

Powers of entry and inspection.

Code of practice.

Duty to give information about independent mental health advocates

Duty to give information about independent mental health advocates to Welsh qualifying informal patients

Welsh qualifying informal patients

Duty to give information about independent mental health advocates to Welsh qualifying informal patients

Informal admission of patients.

Accommodation, etc. for children

Duty of managers of hospitals to give information to community patients

Warrant to search for and remove patients.

Power to amend local Acts.

Application to Northern Ireland.

After-care: preference for particular accommodation

After-care: exception for provision of nursing care

Arrangements under section 130A

Independent mental health advocates: Wales

Informal admission of patients.

Accommodation, etc. for children

Review of decisions to withhold correspondence

General provisions as to regulations, orders and rules.

Application to Scotland.

After-care: preference for particular accommodation

Welsh qualifying informal patients

Duty to give information about independent mental health advocates to Welsh qualifying informal patients

Informal admission of patients.

Accommodation, etc. for children

Warrant to search for and remove patients.

Human Rights Act 1998: extension to certain private care providers

Application to Northern Ireland.

142C

• (1) A registered care provider is to be regarded for the purposes of section 6(3)(b) of the Human Rights Act 1998 as exercising a function of a public nature in providing any of the services mentioned in subsection (2) (to the extent that it would not otherwise be so regarded).

• (2) The services are—

• (a) after-care services provided in pursuance of arrangements made under section 117;

• (b) services provided in pursuance of arrangements made by a local authority in Scotland discharging its duty under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003;

• (c) the provision of medical treatment for mental disorder or assessment in relation to mental disorder, for an in-patient at a hospital, but only where that treatment or assessment is arranged or paid for by an NHS body.

• (3) In this section—

• “hospital” means any institution for the reception and treatment of people—suffering from mental disorder or other illness,convalescing, orrequiring medical rehabilitation;

• “illness” includes any injury or disability requiring medical treatment or nursing;

• “NHS body”—in relation to England, has the meaning given by section 275(1) of the National Health Service Act 2006;in relation to Wales, has the meaning given by section 206(1) of the National Health Service (Wales) Act 2006;in relation to Scotland, a health board constituted by order made under section 2 of the National Health Service (Scotland) Act 1978;in relation to Northern Ireland means—the Department of Health, ora Health and Social Care Trust;

• “registered care provider” means--a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008,a person registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,a person providing—a care service which is registered under section 59 of the Public Services Reform (Scotland) Act 2010, oran independent health care service registered under section 10P of the National Health Service (Scotland) Act 1978, ora person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.