Mental Health Act 1983

Patients absent from hospitals in the Channel Islands or Isle of Man

89

• (1) Any person who under any provision corresponding to section 18 above or 138 below may be taken into custody in any of the Channel Islands or the Isle of Man may be taken into custody in, and returned to the island in question from, England and Wales by an approved mental health professional or a constable.

• (2) This section does not apply to any person who is subject to guardianship.

General

Regulations for purposes of Part VI

90

Section 32 above shall have effect as if references in that section to Part II of this Act included references to this Part of this Act , so far as this Part of this Act applies to patients removed to England and Wales or for whom responsibility is transferred to England and Wales.

General provisions as to patients removed from England and Wales

91

• (1) Subject to subsection (2) below, where a patient liable to be detained or subject to guardianship by virtue of an application, order or direction under Part II or III of this Act (other than section 35, 36 or 38 above) is removed from England and Wales in pursuance of arrangements under this Part of this Act, the application, order or direction shall cease to have effect when he is duly received into a hospital or other institution, or placed under guardianship or, where he is not received into a hospital but his detention in hospital is authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 , in pursuance of those arrangements.

• (2) Where the Secretary of State exercises his powers under section 86(2) above in respect of a patient who is detained pursuant to a hospital order under section 37 above and in respect of whom a restriction order is in force, those orders shall continue in force so as to apply to the patient if he returns to England and Wales . . . .

• (2A) Where responsibility for a community patient is transferred to a jurisdiction outside England and Wales (or such a patient is removed outside England and Wales) in pursuance of arrangements under this Part of this Act, the application, order or direction mentioned in subsection (1) above in force in respect of him shall cease to have effect on the date on which responsibility is so transferred (or he is so removed) in pursuance of those arrangements.

• (3) Reference in this section to a patient's detention in hospital being authorised by virtue of the Mental Health (Care and Treatment)(Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 shall be read as including references to a patient in respect of whom a certificate under one of the provisions listed in section 290(7)(a) of the Act of 2003 is in operation.

Interpretation of Part VI

92

• (1) References in this Part of this Act to a hospital, being a hospital in England and Wales, shall be construed as references to a hospital within the meaning of Part II of this Act.

• (1A) References in this Part of this Act to the responsible clinician shall be construed as references to the responsible clinician within the meaning of Part 2 of this Act.

• (2) Where a patient is treated by virtue of this Part of this Act as if he had been removed to a hospital in England and Wales in pursuance of a direction under Part III of this Act, that direction shall be deemed to have been given on the date of his reception into the hospital.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Sections 80 to 85A above shall have effect as if—

• (a) any hospital direction under section 45A above were a transfer direction under section 47 above; and

• (b) any limitation direction under section 45A above were a restriction direction under section 49 above.

• (5) Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.

Part VII

Judicial authorities and Court of Protection

93

• (1) The Lord Chief Justice shall, after consulting the Lord Chancellor, shall from time to time nominate one or more judges of the Supreme Court (in this Act referred to as “nominated judges”) to act for the purposes of this Part of this Act.

• (2) There shall continue to be an office of the Supreme Court, called the Court of Protection, for the protection and management, as provided by this Part of this Act, of the property and affairs of persons under disability; and there shall continue to be a Master of the Court of Protection appointed by Her Majesty under section 89 of the Supreme Court Act 1981.

• (3) The Master of the Court of Protection shall take the oath of allegiance and judicial oath in the presence of the Lord Chief Justice ; and the Promissory Oaths Act 1868 shall have effect as if the officers named in the Second Part of the Schedule to that Act included the Master of the Court of Protection.

• (4) The Lord Chancellor may , with the concurrence of the Lord Chief Justice, nominate other officers of the Court of Protection (in this Part of this Act referred to as “nominated officers”) to act for the purposes of this Part of this Act.

• (5) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under subsection (1), (3) or (4).

Exercise of judge's functions: " the patient "

94

• (1) Subject to sub-section (1A) below the functions expressed to be conferred by this Part of this Act on the judge shall be exercisable . . . by any nominated judge, and shall also be exercisable by the Master of the Court of Protection ,by the Public Trustee or by any nominated officer, but—

• (a) in the case of the Master the Public Trustee or any nominated officer, subject to any express provision to the contrary in this Part of this Act or any rules made under this Part of this Act,

• (aa) in the case of the Public Trustee, subject to any directions of the Master and so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master,

• (b) in the case of any nominated officer, subject to any directions of the Master and so far only as may be provided by the instrument by which he is nominated;

and references in this Part of this Act to the judge shall be construed accordingly.

• (1A) In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions of the judge under this Part of this Act shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise)

• (2) The functions of the judge under this Part of this Act shall be exercisable where, after considering medical evidence, he is satisfied that a person is incapable, by reason of mental disorder, of managing and administering his property and affairs; and a person as to whom the judge is so satisfied is referred to in this Part of this Act as a patient.

General functions of the judge with respect to property and affairs of patient

95

• (1) The judge may, with respect to the property and affairs of a patient, do or secure the doing of all such things as appear necessary or expedient—

• (a) for the maintenance or other benefit of the patient,

• (b) for the maintenance or other benefit of members of the patient’s family,

• (c) for making provision for other persons or purposes for whom or which the patient might be expected to provide if he were not mentally disordered, or

• (d) otherwise for administering the patient’s affairs.

• (2) In the exercise of the powers conferred by this section regard shall be had first of all to the requirements of the patient, and the rules of law which restricted the enforcement by a creditor of rights against property under the control of the judge in lunacy shall apply to property under the control of the judge; but, subject to the foregoing provisions of this subsection, the judge shall, in administering a patient’s affairs, have regard to the interests of creditors and also to the desirability of making provision for obligations of the patient notwithstanding that they may not be legally enforceable.

Powers of the judge as to patient's property and affairs

96

• (1) Without prejudice to the generality of section 95 above, the judge shall have power to make such orders and give such directions and authorities as he thinks fit for the purposes of that section and in particular may for those purposes make orders or give directions or authorities for—

• (a) the control (with or without the transfer or vesting of property or the payment into or lodgment in the Supreme Court of money or securities) and management of any property of the patient;

• (b) the sale, exchange, charging or other disposition of or dealing with any property of the patient;

• (c) the acquisition of any property in the name or on behalf of the patient;

• (d) the settlement of any property of the patient, or the gift of any property of the patient to any such persons or for any such purposes as are mentioned in paragraphs (b) and (c) of section 95(1) above;

• (e) the execution for the patient of a will making any provision (whether by way of disposing of property or exercising a power or otherwise) which could be made by a will executed by the patient if he were not mentally disordered;

• (f) the carrying on by a suitable person of any profession, trade or business of the patient;

• (g) the dissolution of a partnership of which the patient is a member;

• (h) the carrying out of any contract entered into by the patient;

• (i) the conduct of legal proceedings in the name of the patient or on his behalf;

• (j) the reimbursement out of the property of the patient, with or without interest, of money applied by any person either in payment of the patient’s debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or members of his family or in making provision for other persons or purposes for whom or which he might be expected to provide if he were not mentally disordered;

• (k) the exercise of any power (including a power to consent) vested in the patient, whether beneficially, or as guardian or trustee, or otherwise.

• (2) If under subsection (1) above provision is made for the settlement of any property of a patient, or the exercise of a power vested in a patient of appointing trustees or retiring from a trust, the judge may also make as respects the property settled or trust property such consequential vesting or other orders as the case may require, including (in the case of the exercise of such a power) any order which could have been made in such a case under Part IV of the Trustee Act 1925.

• (3) Where under this section a settlement has been made of any property of a patient, and . . . a nominated judge is satisfied, at any time before the death of the patient, that any material fact was not disclosed when the settlement was made, or that there has been any substantial change in circumstances, he may by order vary the settlement in such manner as he thinks fit, and give any consequential directions.

• (4) The power of the judge to make or give an order, direction or authority for the execution of a will for a patient—

• (a) shall not be exercisable at any time when the patient is a minor, and

• (b) shall not be exercised unless the judge has reason to believe that the patient is incapable of making a valid will for himself.

• (5) The powers of a patient as patron of a benefice shall be exercisable by the Lord Chancellor only.

Supplementary provisions as to wills executed under s. 96

97

• (1) Where under section 96(1) above the judge makes or gives an order, direction or authority requiring or authorising a person (in this section referred to as “the authorised person”) to execute a will for a patient, any will executed in pursuance of that order, direction or authority shall be expressed to be signed by the patient acting by the authorised person, and shall be—

• (a) signed by the authorised person with the name of the patient, and with his own name, in the presence of two or more witnesses present at the same time, and

• (b) attested and subscribed by those witnesses in the presence of the authorised person, and

• (c) sealed with the official seal of the Court of Protection.

• (2) The Wills Act 1837 shall have effect in relation to any such will as if it were signed by the patient by his own hand, except that in relation to any such will—

• (a) section 9 of that Act (which makes provision as to the signing and attestation of wills) shall not apply, and

• (b) in the subsequent provisions of that Act any reference to execution in the manner required by the previous provisions of that Act shall be construed as a reference to execution in the manner required by subsection (1) above.

• (3) Subject to the following provisions of this section, any such will executed in accordance with subsection (1) above shall have the same effect for all purposes as if the patient were capable of making a valid will and the will had been executed by him in the manner required by the Wills Act 1837.

• (4) So much of subsection (3) above as provides for such a will to have effect as if the patient were capable of making a valid will—

• (a) shall not have effect in relation to such a will in so far as it disposes of any immovable property, other than immovable property in England or Wales, and

• (b) where at the time when such a will is executed the patient is domiciled in Scotland or Northern Ireland or in a country or territory outside the United Kingdom, shall not have effect in relation to that will in so far as it relates to any other property or matter, except any property or matter in respect of which, under the law of his domicile, any question of his testamentary capacity would fall to be determined in accordance with the law of England and Wales.

Judge's powers in cases of emergency

98

Where it is represented to the judge, and he has reason to believe, that a person may be incapable, by reason of mental disorder, of managing and administering his property and affairs, and the judge is of the opinion that it is necessary to make immediate provision for any of the matters referred to in section 95 above, then pending the determination of the question whether that person is so incapable the judge may exercise in relation to the property and affairs of that person any of the powers conferred on him in relation to the property and affairs of a patient by this Part of this Act so far as is requisite for enabling that provision to be made.

Power to appoint receiver

99

• (1) The judge may by order appoint as receiver for a patient a person specified in the order or the holder for the time being of an office so specified.

• (2) A person appointed as receiver for a patient shall do all such things in relation to the property and affairs of the patient as the judge, in the exercise of the powers conferred on him by sections 95 and 96 above, orders or directs him to do and may do any such thing in relation to the property and affairs of the patient as the judge, in the exercise of those powers, authorises him to do.

• (3) A receiver appointed for any person shall be discharged by order of the judge on the judge being satisfied that that person has become capable of managing and administering his property and affairs, and may be discharged by order of the judge at any time if the judge considers it expedient to do so; and a receiver shall be discharged (without any order) on the death of the patient.

Vesting of stock in curator appointed outside England and Wales

100

• (1) Where the judge is satisfied—

• (a) that under the law prevailing in a place outside England and Wales a person has been appointed to exercise powers with respect to the property or affairs of any other person on the ground (however formulated) that that other person is incapable, by reason of mental disorder, of managing and administering his property and affairs, and

• (b) that having regard to the nature of the appointment and to the circumstances of the case it is expedient that the judge should exercise his powers under this section,

the judge may direct any stock standing in the name of the said other person or the right to receive the dividends from the stock to be transferred into the name of the person so appointed or otherwise dealt with as requested by that person, and may give such directions as the judge thinks fit for dealing with accrued dividends from the stock.

• (2) In this section “stock” includes shares and also any fund, annuity or security transferable in the books kept by any body corporate or unincorporated company or society, or by an instrument of transfer either alone or accompanied by other formalities, and “dividends” shall be construed accordingly.

Preservation of interests in patient's property

101

• (1) Where any property of a person has been disposed of under this Part of this Act, and under his will or his intestacy, or by any gift perfected or nomination taking effect on his death, any other person would have taken an interest in the property but for the disposal—

• (a) he shall take the same interest, if and so far as circumstances allow, in any property belonging to the estate of the deceased which represents the property disposed of; and

• (b) if the property disposed of was real property any property representing it shall so long as it remains part of his estate be treated as if it were real property.

• (2) The judge, in ordering, directing or authorising under this Part of this Act any disposal of property which apart from this section would result in the conversion of personal property into real property, may direct that the property representing the property disposed of shall, so long as it remains the property of the patient or forms part of his estate, be treated as if it were personal property.

• (3) References in subsections (1) and (2) above to the disposal of property are references to—

• (a) the sale, exchange, charging or other dealing (otherwise than by will) with property other than money,

• (b) the removal of property from one place to another,

• (c) the application of money in acquiring property, or

• (d) the transfer of money from one account to another;

and references to property representing property disposed of shall be construed accordingly and as including the result of successive disposals.

• (4) The judge may give such directions as appear to him necessary or expedient for the purpose of facilitating the operation of subsection (1) above, including the carrying of money to a separate account and the transfer of property other than money.

• (5) Where the judge has ordered, directed or authorised the expenditure of money for the carrying out of permanent improvements on, or otherwise for the permanent benefit of, any property of the patient, he may order that the whole or any part of the money expended or to be expended shall be a charge upon the property, whether without interest or with interest at a specified rate; and an order under this subsection may provide for excluding or restricting the operation of subsection (1) above.

• (6) A charge under subsection (5) above may be made in favour of such person as may be just, and in particular, where the money charged is paid out of the patient’s general estate, may be made in favour of a person as trustee for the patient; but no charge under that subsection shall confer any right of sale or foreclosure during the lifetime of the patient.

Lord Chancellor's Visitors

102

• (1) There shall continue to be the following panels of Lord Chancellor’s Visitors of patients constituted in accordance with this section, namely—

• (a) a panel of Medical Visitors;

• (b) a panel of Legal Visitors; and

• (c) a panel of General Visitors (being Visitors who are not required by this section to possess either a medical or legal qualification for appointment).

• (2) Each panel shall consist of persons appointed to it by the Lord Chancellor, the appointment of each person being for such term and subject to such conditions as the Lord Chancellor may determine.

• (3) A person shall not be qualified to be appointed—

• (a) to the panel of Medical Visitors unless he is a registered medical practitioner who appears to the Lord Chancellor to have special knowledge and experience of cases of mental disorder;

• (b) to the panel of Legal Visitors unless he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.

• (4) If the Lord Chancellor so determines in the case of any Visitor appointed under this section, he shall be paid out of money provided by Parliament such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Treasury, determine.

Functions of Visitors

103

• (1) Patients shall be visited by Lord Chancellor’s Visitors in such circumstances, and in such manner, as may be prescribed by directions of a standing nature given by the Master of the Court of Protection with the concurrence of the Lord Chancellor.

• (2) Where it appears to the judge in the case of any patient that a visit by a Lord Chancellor’s Visitor is necessary for the purpose of investigating any particular matter or matters relating to the capacity of the patient to manage and administer his property and affairs, or otherwise relating to the exercise in relation to him of the functions of the judge under this Part of this Act, the judge may order that the patient shall be visited for that purpose.

• (3) Every visit falling to be made under subsection (1) or (2) above shall be made by a General Visitor unless, in a case where it appears to the judge that it is in the circumstances essential for the visit to be made by a Visitor with medical or legal qualifications, the judge directs that the visit shall be made by a Medical or a Legal Visitor.

• (4) A Visitor making a visit under this section shall make such report on the visit as the judge may direct.

• (5) A Visitor making a visit under this section may interview the patient in private.

• (6) A Medical Visitor making a visit under this section may carry out in private a medical examination of the patient and may require the production of and inspect any medical records relating to the patient.

• (7) The Master of the Court of Protection may visit any patient for the purpose mentioned in subsection (2) above and may interview the patient in private.

• (8) A report made by a Visitor under this section, and information contained in such a report, shall not be disclosed except to the judge and any person authorised by the judge to receive the disclosure.

• (9) If any person discloses any report or information in contravention of subsection (8) above, he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale or both.

• (10) In this section references to patients include references to persons alleged to be incapable, by reason of mental disorder, of managing and administering their property and affairs.

General powers of the judge with respect to proceedings

104

• (1) For the purposes of any proceedings before him with respect to persons suffering or alleged to be suffering from mental disorder, the judge shall have the same powers as are vested in the High Court in respect of securing the attendance of witnesses and the production of documents.

• (2) Subject to the provisions of this section, any act or omission in the course of such proceedings which, if occurring in the course of proceedings in the High Court would have been a contempt of the Court, shall be punishable by the judge in any manner in which it could have been punished by the High Court.

• (3) Subsection (2) above shall not authorise the Master, or any other officer of the Court of Protection to exercise any power of attachment or committal, but the Master or officer may certify any such act or omission to . . . a nominated judge, and . . . judge may upon such certification inquire into the alleged act or omission and take any such action in relation to it as he could have taken if the proceedings had been before him.

• (4) Subsections (1) to (4) of section 36 of the Supreme Court Act 1981 (which provides a special procedure for the issue of writs of subpoena ad testificandum and duces tecum so as to be enforceable throughout the United Kingdom) shall apply in relation to proceedings under this Part of this Act with the substitution for references to the High Court of references to the judge and for references to such writs of references to such document as may be prescribed by rules under this Part of this Act for issue by the judge for securing the attendance of witnesses or the production of documents.

Appeals

105

• (1) Subject to and in accordance with rules under this Part of this Act, an appeal shall lie to a nominated judge from any decision of the Master of the Court of Protection or any nominated officer.

• (2) The Court of Appeal shall continue to have the same jurisdiction as to appeals from any decision of the Lord Chancellor or from any decision of a nominated judge, whether given in the exercise of his original jurisdiction or on the hearing of an appeal under subsection (1) above, as they had immediately before the coming into operation of Part VIII of the Mental Health Act 1959 as to appeals . . . any other person having jurisdiction in lunacy.

Rules of procedure

106

• (1) Proceedings before the judge with respect to persons suffering or alleged to be suffering from mental disorder (in this section referred to as “proceedings”) shall be conducted in accordance with the provisions of rules made under this Part of this Act.

• (2) Rules under this Part of this Act may make provision as to—

• (a) the carrying out of preliminary or incidental inquiries;

• (b) the persons by whom and manner in which proceedings may be instituted and carried on;

• (c) the persons who are to be entitled to be notified of, to attend, or to take part in proceedings;

• (d) the evidence which may be authorised or required to be given in proceedings and the manner (whether on oath or otherwise and whether orally or in writing) in which it is to be given;

• (e) the administration of oaths and taking of affidavits for the purposes of proceedings; and

• (f) the enforcement of orders made and directions given in proceedings.

• (3) Without prejudice to the provisions of section 104(1) above, rules under this Part of this Act may make provision for authorising or requiring the attendance and examination of persons suffering or alleged to be suffering from mental disorder, the furnishing of information and the production of documents.

• (4) Rules under this Part of this Act may make provision as to the termination of proceedings, whether on the death or recovery of the person to whom the proceedings relate or otherwise, and for the exercise, pending the termination of the proceedings, of powers exercisable under this Part of this Act in relation to the property or affairs of a patient.

• (5) Rules under this Part of this Act made with the consent of the Treasury may—

• (a) make provision as to the scale of costs, fees and percentages payable in relation to proceedings, and as to the manner in which and funds out of which such costs, fees and percentages are to be paid;

• (b) contain provision for charging any percentage upon the estate of the person to whom the proceedings relate and for the payment of costs, fees and percentages within such time after the death of the person to whom the proceedings relate or the termination of the proceedings as may be provided by the rules; and

• (c) provide for the remission of fees and percentages.

• (6) A charge upon the estate of a person created by virtue of subsection (5) above shall not cause any interest of that person in any property to fail or determine or to be prevented from recommencing.

• (7) Rules under this Part of this Act may authorise the making of orders for the payment of costs to or by persons attending, as well as persons taking part in, proceedings.

Security and accounts

107

• (1) Rules under this Part of this Act may make provision as to the giving of security by a receiver and as to the enforcement and discharge of the security.

• (2) It shall be the duty of a receiver to render accounts in accordance with the requirements of rules under this Part of this Act, as well after his discharge as during his receivership; and rules under this Part of this Act may make provision for the rendering of accounts by persons other than receivers who are ordered, directed or authorised under this Part of this Act to carry out any transaction.

General provisions as to rules under Part VII

108

• (1) Rules under section 106(5) are to be made by the Lord Chancellor after consulting the Lord Chief Justice.

• (1A) Rules under any other provision of this Part of this Act are to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.

• (2) Rules under this Part of this Act may contain such incidental and supplemental provisions as appear requisite for the purposes of the rules.

• (3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.

Effect and proof of orders, etc.

109

• (1) Section 204 of the Law of Property Act 1925 (by which orders of the High Court are made conclusive in favour of purchasers) shall apply in relation to orders made and directions and authorities given by the judge as it applies in relation to orders of the High Court.

• (2) Office copies of orders made, directions or authorities given or other instruments issued by the judge and sealed with the official seal of the Court of Protection shall be admissible in all legal proceedings as evidence of the originals without any further proof.

Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers

110

• (1) This Part of this Act shall apply in relation to the property and affairs in Scotland or Northern Ireland of a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above as it applies in relation to his property and affairs in England and Wales unless—

• (a) in Scotland, a. . . judicial factor has been appointed for him; or

• (b) in Northern Ireland, he is a patient in relation to whom powers have been exercised under Part VIII of the Mental Health (Northern Ireland) Order 1986, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order.

• (2) Where under the law in force in Scotland . . . with respect to the property and affairs of persons suffering from mental disorder a. . . judicial factor has been appointed for any person, the provisions of that law shall apply in relation to that person’s property and affairs in England and Wales unless he is a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above.

• (2A) Part VIII of the Mental Health (Northern Ireland) Order 1986 shall apply in relation to the property and affairs in England and Wales of a patient in relation to whom powers have been exercised under that Part, or a person as to whom powers are exercisible and have been exercised under Article 97(2) of that Order as it applies in relation to his property and affairs in Northern Ireland unless he is a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above.

• (3) Nothing in this section shall affect any power to execute a will under section 96(1)(e) above or Article 99(1)(e) of the Mental Health (Northern Ireland) Order 1986 or the effect of any will executed in the exercise of such a power.

• (4) In this section references to property do not include references to land or interests in land but this subsection shall not prevent the receipt of rent or other income arising from land or interests in land.

Construction of references in other Acts to judge or authority having jurisdiction under Part VII

111

• (1) The functions expressed to be conferred by any enactment not contained in this Part of this Act on the judge having jurisdiction under this Part of this Act shall be exercisable . . . by a nominated judge.

• (2) Subject to subsection (3) and (3A) below, the functions expressed to be conferred by any such enactment on the authority having jurisdiction under this Part of this Act shall, subject to any express provision to the contrary, be exercisable by . . . a nominated judge, the Master of the Court of Protection or a nominated officer.

• (2A) The exercise of the functions referred to in subsection (2) above by the Public Trustee shall be subject to any directions of the Master and they shall be excercisable so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master.

• (3) The exercise of the functions referred to in subsection (2) above by a nominated officer shall be subject to any directions of the Master and they shall be exercisable so far only as may be provided by the instrument by which the officer is nominated.

• (3A) In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions referred to in subsection (2) above shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise).

• (4) Subject to the foregoing provisions of this section—

• (a) references in any enactment not contained in this Part of this Act to the judge having jurisdiction under this Part of this Act shall be construed as references to . . . a nominated judge, and

• (b) references in any such enactment to the authority having jurisdiction under this Part of this Act shall be construed as references to . . . a nominated judge, the Master of the Court of Protection or a nominated officer.

Interpretation of Part VII

112

In this Part of this Act, unless the context otherwise requires—

• “nominated judge” means a judge nominated in pursuance of subsection (1) of section 93 above;

• “nominated officer” means an officer nominated in pursuance of subsection (4) of that section;

• “patient” has the meaning assigned to it by section 94 above;

• “property” includes any thing in action, and any interest in real or personal property;

• “the judge” shall be construed in accordance with section 94 above;

• “will” includes a codicil.

Disapplication of certain enactments in relation to persons within the jurisdiction of the judge

113

The provisions of the Acts described in Schedule 3 to this Act which are specified in the third column of that Schedule, so far as they make special provision for persons suffering from mental disorder, shall not have effect in relation to patients and to persons as to whom powers are exercisable and have been exercised under section 98 above.

Part VIII — Miscellaneous Functions of Local Authorities and the Secretary of State

Approved mental health professionals

Appointment of approved social workers

114

• (1) A local social services authority may approve a person to act as an approved mental health professional for the purposes of this Act.

• (2) But a local social services authority may not approve a registered medical practitioner to act as an approved mental health professional.

• (3) Before approving a person under subsection (1) above, a local social services authority shall be satisfied that he has appropriate competence in dealing with persons who are suffering from mental disorder.

• (4) The appropriate national authority may by regulations make provision in connection with the giving of approvals under subsection (1) above.

• (5) The provision which may be made by regulations under subsection (4) above includes, in particular, provision as to—

• (a) the period for which approvals under subsection (1) above have effect;

• (b) the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect;

• (c) the conditions subject to which such approvals are to be given; and

• (d) the factors to be taken into account in determining whether persons have appropriate competence as mentioned in subsection (3) above.

• (6) Provision made by virtue of subsection (5)(b) above may relate to courses approved or provided by such person as may be specified in the regulations (as well as to courses approved under section 114ZA or 114A below).

• (7) An approval by virtue of subsection (6) above may be in respect of a course in general or in respect of a course in relation to a particular person.

• (8) The power to make regulations under subsection (4) above includes power to make different provision for different cases or areas.

• (9) In this section “ the appropriate national authority ” means—

• (a) in relation to 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, the Secretary of State;

• (b) in relation to 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 Wales, the Welsh Ministers.

• (10) In this Act “ approved mental health professional ” means—

• (a) in relation to acting on behalf of a local social services authority whose area is in England, a person approved under subsection (1) above by any local social services authority whose area is in England, and

• (b) in relation to acting on behalf of a local social services authority whose area is in Wales, a person approved under that subsection by any local social services authority whose area is in Wales.

Powers of entry and inspection

115

• (1) An approved mental health professional may at all reasonable times enter and inspect any premises (other than a hospital) in which a mentally disordered patient is living, if he has reasonable cause to believe that the patient is not under proper care.

• (2) The power under subsection (1) above shall be exercisable only after the professional has produced, if asked to do so, some duly authenticated document showing that he is an approved mental health professional.

Visiting patients

Welfare of certain hospital patients

116

• (1) Where a patient to whom this section applies is admitted to a hospital independent hospital or care home in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital or nursing home as would be expected to be taken by his parents.

• (2) This section applies to-

• (a) a child or young person—

• (i) who is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989, or

• (ii) in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968;

• (b) a person who is subject to the guardianship of a local social services authority under the provisions of this Act . . . ; or

• (c) a person the functions of whose nearest relative under this Act . . . are for the time being transferred to a local social services authority.

After-care

After-care

117

• (1) This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of a hospital direction made under section 45A above or a transfer direction made under section 47 or 48 above, and then cease to be detained and (whether or not immediately after so ceasing) leave hospital.

• (2) It shall be the duty of the integrated care board or ... Local Health Board and of the local social services authority to provide or arrange for the provision of, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the integrated care board or ... Local Health Board and the local social services authority are satisfied that the person concerned is no longer in need of such services ; but they shall not be so satisfied in the case of a community patient while he remains such a patient..

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

• (2B) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.

• (2C) References in this Act to after-care services provided for a patient under this section include references to services provided for the patient—

• (a) in respect of which direct payments are made under —

• (i) sections 31 to 33 of the Care Act 2014 (as applied by Schedule 4 to that Act),

• (ii) Schedule A1 to the Social Services and Well-being (Wales) Act 2014 ..., ...

• (iii) regulations under section 12A(4) of the National Health Service Act 2006, or

• (iv) regulations under section 10B(6) of the National Health Service (Wales) Act 2006, and

• (b) which would be provided under this section apart from those sections (as so applied) or the regulations otherwise be provided under this section.

• (2D) Subsection (2), in its application to the integrated care board, has effect as if the words “provide or” were omitted.

• (2E) The Secretary of State may by regulations provide that the duty imposed on the integrated care board by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another integrated care board or NHS England.

• (2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on NHS England, subsection (2D) has effect as if the reference to the integrated care board were a reference to NHS England.

• (2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act.

• (3) In this section “the integrated care board or ... Local Health Board” means the integrated care board or ...Local Health Board, and “the local social services authority” means the local social services authority —

• (a) if, immediately before being detained, the person concerned was ordinarily resident in England, for the area in England in which he was ordinarily resident;

• (b) if, immediately before being detained, the person concerned was ordinarily resident in Wales, for the area in Wales in which he was ordinarily resident; or

• (c) in any other case for the area in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained.

• (4) Where there is a dispute about where a person was ordinarily resident for the purposes of subsection (3) above—

• (a) if the dispute is between local social services authorities in England, section 40 of the Care Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of Part 1 of that Act;

• (b) if the dispute is between local social services authorities in Wales, section 195 of the Social Services and Well-being (Wales) Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of that Act;

• (c) if the dispute is between a local social services authority in England and a local social services authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.

• (5) The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which of them is to determine a dispute under subsection (4)(c); and the arrangements may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so.

• (6) In this section, “after-care services”, in relation to a person, means services which have both of the following purposes—

• (a) meeting a need arising from or related to the person's mental disorder; and

• (b) reducing the risk of a deterioration of the person's mental condition (and, accordingly, reducing the risk of the person requiring admission to a hospital again for treatment for mental disorder).

Functions of the Secretary of State

Code of practice

118

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

• (a) for the guidance of registered medical practitioners , approved clinicians , managers and staff of hospitals , independent hospitals and care homes and approved mental health professionals in relation to the admission of patients to hospitals and registered establishments under this Act and to guardianship and community patients under this Act; and

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

• (1A) The Code which must be prepared, and from time to time revised, in relation to Wales shall also be for the guidance of independent mental health advocates appointed under arrangements made under section 130E below

• (2) The code shall, in particular, specify forms of medical treatment in addition to any specified by regulations made for the purposes of section 57 above which in the opinion of the Secretary of State give rise to special concern and which should accordingly not be given by a registered 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 registered medical practitioner, being a practitioner appointed for the purposes of this section by the regulatory authority.

• (2A) The code shall include a statement of the principles which the Secretary of State thinks should inform decisions under this Act.

• (2B) In preparing the statement of principles the Secretary of State shall, in particular, ensure that each of the following matters is addressed—

• (a) respect for patients' past and present wishes and feelings,

• (b) respect for diversity generally including, in particular, diversity of religion, culture and sexual orientation (within the meaning of section 35 of the Equality Act 2006),

• (c) minimising restrictions on liberty,

• (d) involvement of patients in planning, developing and delivering care and treatment appropriate to them,

• (e) avoidance of unlawful discrimination,

• (f) effectiveness of treatment,

• (g) views of carers and other interested parties,

• (h) patient wellbeing and safety, and

• (i) public safety.

• (2C) The Secretary of State shall also have regard to the desirability of ensuring—

• (a) the efficient use of resources, and

• (b) the equitable distribution of services.

• (2D) In performing functions under this Act persons mentioned in subsection (1)(a) or (b) and subsection (1A) shall have regard to the code.

• (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 40 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.

• (7) The Care Quality Commission may at any time make proposals to the Secretary of State as to the content of the code of practice which the Secretary of State must prepare, and from time to time revise, under this section in relation to England.

Practitioners approved for purposes of Part IV and s. 118

119

• (1) The regulatory authority may make such provision as it may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of registered medical practitioners appointed by the authority for the purposes of Part IV of this Act and section 118 above and to or in respect of other persons appointed for the purposes of section 57(2)(a) above.

• (2) A registered medical practitioner or other person appointed ... for the purposes of the provisions mentioned in subsection (1) above may, for the purpose of exercising his functions under those provisions or under Part 4A of this Act, at any reasonable time—

• (a) visit and interview and, in the case of a registered medical practitioner, examine in private any patient detained in a hospital or registered establishment or any community patient in a hospital or regulated establishment (other than a hospital) or (if access is granted) other place; and

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

• (3) In this section “regulated establishment” means—

• (a) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000; ...

• (b) premises used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, in respect of which a person is registered under Chapter 2 of that Part ; or

• (c) premises at which—

• (i) a care home service,

• (ii) a secure accommodation service, or

• (iii) a residential family centre service,

within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided by a person registered under Part 1 of that Act.

General protection of detained patients

120

• (1) The regulatory authority must keep under review and, where appropriate, investigate the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or their reception into guardianship or to relevant patients.

• (2) Relevant patients are—

• (a) patients liable to be detained under this Act,

• (b) community patients, and

• (c) patients subject to guardianship.

• (3) The regulatory authority must make arrangements for persons authorised by it to visit and interview relevant patients in private—

• (a) in the case of relevant patients detained under this Act, in the place where they are detained, and

• (b) in the case of other relevant patients, in hospitals and regulated establishments and, if access is granted, other places.

• (4) The regulatory authority must also make arrangements for persons authorised by it to investigate any complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a patient who is or has been detained under this Act or who is or has been a relevant patient.

• (5) The arrangements made under subsection (4)—

• (a) may exclude matters from investigation in specified circumstances, and

• (b) do not require any person exercising functions under the arrangements to undertake or continue with any investigation where the person does not consider it appropriate to do so.

• (6) Where any such complaint as is mentioned in subsection (4) is made by a Member of Parliament or a member of the National Assembly for Wales, the results of the investigation must be reported to the Member of Parliament or member of the Assembly.

• (7) For the purposes of a review or investigation under subsection (1) or the exercise of functions under arrangements made under this section, a person authorised by the regulatory authority may at any reasonable time—

• (a) visit and interview in private any patient in a hospital or regulated establishment,

• (b) if the authorised person is a registered medical practitioner or approved clinician, examine the patient in private there, and

• (c) require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained under this Act or who is or has been a community patient or a patient subject to guardianship.

• (8) The regulatory authority may make provision for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any review or investigation for which it is responsible under subsection (1) or functions under arrangements made by it under this section.

• (9) In this section “regulated establishment” means—

• (a) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000, ...

• (b) premises used for the carrying on of a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008) in respect of which a person is registered under Chapter 2 of that Part , or

• (c) premises at which—

• (i) a care home service,

• (ii) a secure accommodation service, or

• (iii) a residential family centre service,

within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided by a person registered under Part 1 of that Act.

Mental Health Act Commission

121

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

Provision of pocket money for in-patients in hospital

122

• (1) Welsh Ministers may (in relation to Wales) pay to persons who are receiving treatment as in-patients (whether liable to be detained or not) in special hospitals or other hospitals, being hospitals wholly or mainly used for the treatment of persons suffering from mental disorder, such amounts as the Welsh Ministers think fit in respect of those persons' occasional personal expenses where it appears to the Welsh Ministers that those persons would otherwise be without resources to meet those expenses.

• (2) For the purposes of ... the National Health Service (Wales) Act 2006 , the making of payments under this section to persons for whom hospital services are provided under that Act shall be treated as included among those services.

Transfers to and from special hospitals

123

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

Default powers of Secretary of State

124

Inquiries

125

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

Part IX — Offences

Forgery, false statements, etc.

126

• (1) Any person who without lawful authority or excuse has in his custody or under his control any document to which this subsection applies, which is, and which he knows or believes to be, false within the meaning of Part I of the Forgery and Counterfeiting Act 1981, shall be guilty of an offence.

• (2) Any person who without lawful authority or excuse makes or has in his custody or under his control, any document so closely resembling a document to which subsection (1) above applies as to be calculated to deceive shall be guilty of an offence.

• (3) The documents to which subsection (1) above applies are any documents purporting to be—

• (a) an application under Part II of this Act;

• (b) a medical or other recommendation or report under this Act; and

• (c) any other document required or authorised to be made for any of the purposes of this Act.

• (4) Any person who—

• (a) wilfully makes a false entry or statement in any application, recommendation, report, record or other document required or authorised to be made for any of the purposes of this Act; or

• (b) with intent to deceive, makes use of any such entry or statement which he knows to be false,

shall be guilty of an offence.

• (5) Any person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.

Ill-treatment of patients

127

• (1) It shall be an offence for any person who is an officer on the staff of or otherwise employed in, or who is one of the managers of, a hospital , independent hospital or care home—

• (a) to ill-treat or wilfully to neglect a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or home; or

• (b) to ill-treat or wilfully to neglect, on the premises of which the hospital or home forms part, a patient for the time being receiving such treatment there as an out-patient.

• (2) It shall be an offence for any individual to ill-treat or wilfully to neglect a mentally disordered patient who is for the time being subject to his guardianship under this Act or otherwise in his custody or care (whether by virtue of any legal or moral obligation or otherwise).

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

• (3) Any person guilty of an offence under this section shall be liable—

• (a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;

• (b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine of any amount, or to both.

• (4) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.

Assisting patients to absent themselves without leave, etc.

128

Obstruction

129

• (1) Any person who without reasonable cause—

• (a) refuses to allow the inspection of any premises; or

• (b) refuses to allow the visiting, interviewing or examination of any person by a person authorised in that behalf by or under this Act or to give access to any person to a person so authorised; or

• (c) refuses to produce for the inspection of any person so authorised any document or record the production of which is duly required by him; or

• (ca) fails to comply with a request made under section 120C; or

• (d) otherwise obstructs any such person in the exercise of his functions,

shall be guilty of an offence.

• (2) Without prejudice to the generality of subsection (1) above, any person who insists on being present when required to withdraw by a person authorised by or under this Act to interview or examine a person in private shall be guilty of an offence.

• (3) Any person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or to both.

Prosecutions by local authorities

130

A local social services authority may institute proceedings for any offence under this Part of this Act, but without prejudice to any provision of this Part of this Act requiring the consent of the Director of Public Prosecutions for the institution of such proceedings.

Part X — Miscellaneous and Supplementary

Miscellaneous provisions

Informal admission of patients

131

• (1) Nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital or registered establishment in pursuance of arrangements made in that behalf and without any application, order or direction rendering him liable to be detained under this Act, or from remaining in any hospital or registered establishment in pursuance of such arrangements after he has ceased to be so liable to be detained.

• (2) Subsections (3) and (4) below apply in the case of a patient aged 16 or 17 years who has capacity to consent to the making of such arrangements as are mentioned in subsection (1) above.

• (3) If the patient consents to the making of the arrangements, they may be made, carried out and determined on the basis of that consent even though there are one or more persons who have parental responsibility for him.

• (4) If the patient does not consent to the making of the arrangements, they may not be made, carried out or determined on the basis of the consent of a person who has parental responsibility for him.

• (5) In this section—

• (a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; and

• (b) “ parental responsibility ” has the same meaning as in the Children Act 1989.

Duty of managers of hospitals to give information to detained patients

132

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

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

• (b) what rights of applying to a 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 registered establishment 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 sections 23, 25, 56 to 64, 66(1)(g), 118 and 120 above and section 134 below; and those steps shall be taken as soon as practicable after the commencement of the patient’s detention in the hospital or establishment .

• (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 registered establishment 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.

Duty of managers of hospitals to inform nearest relatives of discharge

133

• (1) Where a patient liable to be detained under this Act in a hospital or registered establishment is to be discharged otherwise than by virtue of an order for discharge made by his nearest relative, the managers of the hospital or registered establishment 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.

• (1A) The reference in subsection (1) above to a patient who is to be discharged includes a patient who is to be discharged from hospital under section 17A above.

• (1B) Subsection (1) above shall also apply in a case where a community patient is discharged under section 23 or 72 above (otherwise than by virtue of an order for discharge made by his nearest relative), but with the reference in that subsection to the managers of the hospital or registered establishment being read as a reference to the managers of the responsible hospital.

• (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.

Correspondence of patients

134

• (1) A postal packet addressed to any person by a patient detained in a hospital under this Act and delivered by the patient for dispatch may be withheld from the postal operator concerned—

• (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 one at which high security psychiatric services are provided 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, or the approved clinician with overall responsibility for the patient's case ... .

• (2) Subject to subsection (3) below, a postal packet addressed to a patient detained under this Act in a hospital at which high security psychiatric services are provided 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 the Scottish Ministers or Member of either House of Parliament or member of the Scottish Parliament or of the Northern Ireland Assembly;

• (aa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;

• (b) any judge or officer of the Court of Protection, any of the Court of Protection Visitors or any person asked by that Court for a report under section 49 of the Mental Capacity Act 2005 concerning the patient;

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

• (ca) the Care Quality Commission;

• (cb) the Citizen Voice Body for Health and Social Care, Wales;

• (d) the First-tier Tribunal or the Mental Health Review Tribunal for Wales;

• (e) NHS England , an integrated care board, a ... Local Health Board or Special Health Authority ..., a local social services authority ... ... , a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000) or a provider of probation services;

• (ea) a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers;

• (eb) a provider of independent advocacy services for the patient;

• (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.

• (3A) In subsection (3) above—

• (a) “patient advocacy and liaison service” means a service of a description prescribed by regulations made by the Secretary of State, and

• (b) “independent advocacy services” means services provided under—

• (i) arrangements under section 130A or section 130E above;

• (ii) arrangements under section 223A of the Local Government and Public Involvement in Health Act 2007 or section 187 of the National Health Service (Wales) Act 2006; or

• (iii) arrangements of a description prescribed as mentioned in paragraph (a) above.

• (4) The managers of a hospital may inspect and open any postal packet for the purposes of determining—

• (a) whether it is one to which subsection (1) or (2) applies, and

• (b) in the case of a postal packet to which subsection (1) or (2) above applies, whether or not it should be withheld under that subsection;

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 the case of a packet withheld under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall be given in writing and shall contain a statement of the effect of section 134A(1) to (4).

• (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.