Mental Health Act 2007

• (a) in subsection (2)(a), for “mental illness, psychopathic disorder, severe mental impairment or mental impairment” substitute “ mental disorder ”, and

• (b) in subsection (3), omit the words “as being a person suffering from mental illness or severe mental impairment”.

8

In section 38(1) (conditions for exercise of power to make interim hospital order), in paragraph (a), for “mental illness, psychopathic disorder, severe mental impairment or mental impairment” substitute “ mental disorder ”.

9

In section 45A(2) (conditions for exercise of power to direct hospital admission), in paragraph (a), for “psychopathic disorder” substitute “ mental disorder ”.

10

In section 47(1) (power to make transfer direction), in paragraph (a), for “mental illness, psychopathic disorder, severe mental impairment or mental impairment” substitute “ mental disorder ”.

11

In section 48 (further power to make transfer direction)—

• (a) in subsection (1), for the words from “that person is suffering” to “such treatment,” substitute—

(a) that person is suffering from mental disorder of a nature or degree which makes it appropriate for him to be detained in a hospital for medical treatment; and (b) he is in urgent need of such treatment;

, and

• (b) in subsection (3), for “to (4)” substitute “ and (3) ”.

12

In section 51(6) (further power to make hospital order), in paragraph (a), for the words from “the detainee” to the end substitute—

(i) the detainee is suffering from mental disorder of a nature or degree which makes it appropriate for the patient to be detained in a hospital for medical treatment;

.

13

In section 66(2) (time limits for applications to tribunals), in paragraph (d), for “in the cases mentioned in paragraphs (d), (fb), (g)” substitute “ in the case mentioned in paragraph (g) ”.

14

In section 72 (powers of tribunals)—

• (a) in subsection (1)(b)(i), for “mental illness, psychopathic disorder, severe mental impairment or mental impairment or from any of those forms of disorder” substitute “ mental disorder or from mental disorder ”,

• (b) in subsection (4)(a), for “mental illness, psychopathic disorder, severe mental impairment or mental impairment” substitute “ mental disorder ”, and

• (c) in subsection (6), for “(5)” substitute “ (4) ”.

15

• (1) Section 86 (application of power to remove alien patients) is amended as follows.

• (2) In subsection (1), for “mental illness” substitute “ mental disorder ”.

• (3) After subsection (3) insert—

(4) In relation to a patient receiving treatment in a hospital within the meaning of the Mental Health (Northern Ireland) Order 1986, the reference in subsection (1) above to mental disorder shall be construed in accordance with that Order.

16

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

17

In section 145(1) (interpretation), for the definitions of “mental disorder”, “severe mental impairment”, “mental impairment” and “psychopathic disorder” substitute—

“mental disorder” has the meaning given in section 1 above (subject to sections 86(4) and 141(6B));

.

Part 2 — Amendments to other Acts

Juries Act 1974

18

• (1) Part 1 of Schedule 1 to the Juries Act 1974 (c. 23) (mentally disordered persons) is amended as follows.

• (2) In paragraph 1, for “mental illness, psychopathic disorder, mental handicap or severe mental handicap” substitute “ mental disorder within the meaning of the Mental Health Act 1983 ”.

• (3) Omit paragraph 4(1).

Contempt of Court Act 1981

19

In section 14 of the Contempt of Court Act 1981 (c. 49) (proceedings in England and Wales), in subsection (4) and the first subsection (4A), for “mental illness or severe mental impairment” substitute “ mental disorder within the meaning of that Act ”.

Family Law Act 1996

20

• (1) The Family Law Act 1996 (c. 27) is amended as follows.

• (2) In section 48 (remand for medical examination and report), in subsection (4)—

• (a) for “mental illness or severe mental impairment” substitute “ mental disorder within the meaning of the Mental Health Act 1983 ”,

• (b) for “the Mental Health Act 1983” substitute “ that Act ”, and

• (c) for “section 35 of the Act of 1983” substitute “ that section ”.

• (3) In section 51 (power of magistrates' court to order hospital admission or guardianship), in subsection (1), for “mental illness or severe mental impairment” substitute “ mental disorder within the meaning of that Act ”.

Housing Act 1996

21

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

Care Standards Act 2000

22

In section 121 of the Care Standards Act 2000 (c. 14) (general interpretation), in subsection (1), for the definition of “mental disorder” substitute—

“mental disorder” has the same meaning as in the Mental Health Act 1983;

.

Mental Capacity Act 2005

23

• (1) In Schedule 4 to the Mental Capacity Act 2005 (c. 9) (provisions applying to existing enduring powers of attorney), paragraph 23 is amended as follows.

• (2) In sub-paragraph (1), omit the words “(within the meaning of the Mental Health Act)”.

• (3) After sub-paragraph (1) insert—

(1A) In sub-paragraph (1), “mental disorder” has the same meaning as in the Mental Health Act but disregarding the amendments made to that Act by the Mental Health Act 2007.

National Health Service Act 2006

24

In section 275 of the National Health Service Act 2006 (c. 41) (interpretation), in the definition of “illness” in subsection (1), for “mental disorder within the meaning of the Mental Health Act 1983” substitute “ any disorder or disability of the mind ”.

National Health Service (Wales) Act 2006

25

In section 206 of the National Health Service (Wales) Act 2006 (c. 42) (interpretation), in the definition of “illness” in subsection (1), for “mental disorder within the meaning of the Mental Health Act 1983” substitute “ any disorder or disability of the mind ”.

Police and Justice Act 2006

26

In section 27 of the Police and Justice Act 2006 (c. 48) (anti-social behaviour injunctions: power of arrest and remand), in subsection (11)—

• (a) for “mental illness or severe mental impairment” substitute “ mental disorder within the meaning of the Mental Health Act 1983 ”, and

• (b) for “the Mental Health Act 1983 (c. 20)” substitute “ that Act ”.

SCHEDULE 2

1

The 1983 Act is amended as follows.

2

In the following provisions, for “approved social worker” substitute “ approved mental health professional ”

• (a) section 4(2) (admission for assessment in cases of emergency), and

• (b) section 8(1)(c) (effect of guardianship application).

3

• (1) Section 10 (transfer of guardianship) is amended as follows.

• (2) In subsection (3), for “approved social worker” substitute “ approved mental health professional acting on behalf of the local social services authority ”.

• (3) After subsection (4) insert—

(5) In this section “the local social services authority”, in relation to a person (other than a local social services authority) who is the guardian of a patient, means the local social services authority for the area in which that person resides (or resided immediately before his death).

4

• (1) Section 11 (general provisions as to applications) is amended as follows.

• (2) In subsection (1), for “approved social worker” substitute “ approved mental health professional ”.

• (3) In subsection (3), for “approved social worker, that social worker” substitute “ approved mental health professional, that professional ”.

• (4) For subsection (4) substitute—

(4) An approved mental health professional may not make an application for admission for treatment or a guardianship application in respect of a patient in either of the following cases— (a) the nearest relative of the patient has notified that professional, or the local social services authority on whose behalf the professional is acting, that he objects to the application being made; or (b) that professional has not consulted the person (if any) appearing to be the nearest relative of the patient, but the requirement to consult that person does not apply if it appears to the professional that in the circumstances such consultation is not reasonably practicable or would involve unreasonable delay.

5

• (1) Section 13 (the title to which becomes “Duty of approved mental health professionals to make applications for admission or guardianship”) is amended as follows.

• (2) For subsection (1) substitute—

(1) If a local social services authority have reason to think that an application for admission to hospital or a guardianship application may need to be made in respect of a patient within their area, they shall make arrangements for an approved mental health professional to consider the patient's case on their behalf. (1A) If that professional is— (a) satisfied that such an application ought to be made in respect of the patient; and (b) of the opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him, he shall make the application. (1B) Subsection (1C) below applies where— (a) a local social services authority makes arrangements under subsection (1) above in respect of a patient; (b) an application for admission for assessment is made under subsection (1A) above in respect of the patient; (c) while the patient is liable to be detained in pursuance of that application, the authority have reason to think that an application for admission for treatment may need to be made in respect of the patient; and (d) the patient is not within the area of the authority. (1C) Where this subsection applies, subsection (1) above shall be construed as requiring the authority to make arrangements under that subsection in place of the authority mentioned there.

• (3) In subsection (2), for “approved social worker” substitute “ approved mental health professional ”.

• (4) For subsection (3) substitute—

(3) An application under subsection (1A) above may be made outside the area of the local social services authority on whose behalf the approved mental health professional is considering the patient's case.

• (5) In subsection (4)—

• (a) for the words from “direct” to “above” substitute “ make arrangements under subsection (1) above for an approved mental health professional to consider the patient's case ”, and

• (b) for “that approved social worker” substitute “ that professional ”.

• (6) In subsection (5)—

• (a) for “approved social worker”, in each place, substitute “ approved mental health professional ”, and

• (b) after “the power of” insert “ a local social services authority to make arrangements with an approved mental health professional to consider a patient's case or of ”.

6

In section 14 (social reports), for “a social worker” substitute “ an approved mental health professional ”.

7

In the following provisions, for “approved social worker” substitute “ approved mental health professional ”

• (a) section 18(1) (return of patients absent without leave),

• (b) section 21B(3)(b) (consultation before furnishing report),

• (c) section 29(2)(c) (application for appointment of acting nearest relative),

• (d) section 30(2) (application for variation of orders under section 29),

• (e) section 40(1)(a) (power to convey patient),

• (f) section 87(1) (power to take Northern Ireland patient into custody),

• (g) section 88(3) (power to take England and Wales patient into custody), in the first place it occurs, and

• (h) section 89(1) (power to take Channel Islands or Isle of Man patient into custody).

8

For section 115 substitute—

(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.

9

In section 118(1)(a) (application of code of practice), for “approved social workers” substitute “ approved mental health professionals ”.

10

In the following provisions, for “approved social worker” substitute “ approved mental health professional ”

11

• (1) Section 145 (interpretation) is amended as follows.

• (2) In subsection (1), for the definition of “approved social worker” substitute—

“approved mental health professional” has the meaning given in section 114 above;

.

• (3) After subsection (1AB) (inserted by section 4 of this Act) insert—

(1AC) References in this Act to an approved mental health professional shall be construed as references to an approved mental health professional acting on behalf of a local social services authority, unless the context otherwise requires.

SCHEDULE 3

1

The 1983 Act is amended as follows.

Application in respect of patient already in hospital

2

In section 5 (application in respect of patient already in hospital), in subsection (6) after “this Act”, in each place, insert “ or a community patient ”.

Return of patients absent without leave

3

• (1) Section 18 (return and readmission of patients absent without leave) is amended as follows.

• (2) After subsection (2) insert—

(2A) Where a community patient is at any time absent from a hospital to which he is recalled under section 17E above, he may, subject to the provisions of this section, be taken into custody and returned to the hospital by any approved mental health professional, by any officer on the staff of the hospital, by any constable, or by any person authorised in writing by the responsible clinician or the managers of the hospital.

• (3) In subsection (4)—

• (a) in paragraph (b), after “guardianship” insert “ or, in the case of a community patient, the community treatment order is in force ”, and

• (b) omit the words from “and, in determining” to the end.

• (4) After subsection (4) insert—

(4A) In determining for the purposes of subsection (4)(b) above or any other provision of this Act whether a person who is or has been absent without leave is at any time liable to be detained or subject to guardianship, a report furnished under section 20 or 21B below before the first day of his absence without leave shall not be taken to have renewed the authority for his detention or guardianship unless the period of renewal began before that day. (4B) Similarly, in determining for those purposes whether a community treatment order is at any time in force in respect of a person who is or has been absent without leave, a report furnished under section 20A or 21B below before the first day of his absence without leave shall not be taken to have extended the community treatment period unless the extension began before that day.

• (5) After subsection (6) insert—

(7) In relation to a patient who has yet to comply with a requirement imposed by virtue of this Act to be in a hospital or place, references in this Act to his liability to be returned to the hospital or place shall include his liability to be taken to that hospital or place; and related expressions shall be construed accordingly.

Assignment of responsibility for community patients

4

After section 19 insert—

(19A) (1) Responsibility for a community patient may be assigned to another hospital in such circumstances and subject to such conditions as may be prescribed by regulations made by the Secretary of State (if the responsible hospital is in England) or the Welsh Ministers (if that hospital is in Wales). (2) If responsibility for a community patient is assigned to another hospital— (a) the application for admission for treatment in respect of the patient shall have effect (subject to section 17D above) as if it had always specified that other hospital; (b) the patient shall be treated as if he had been admitted to that other hospital at the time when he was originally admitted in pursuance of the application (and as if he had subsequently been discharged under section 17A above from there); and (c) that other hospital shall become “the responsible hospital” in relation to the patient for the purposes of this Act.

Renewal of authority to detain patients

5

In section 20 (duration of authority)—

• (a) in subsection (2), after “discharged” insert “ under section 23 below ”, and

• (b) in subsections (3) and (6), after “discharge the patient” insert “ under section 23 below ”.

Special provisions as to patients absent without leave

6

• (1) Section 21 (special provisions as to patients absent without leave) is amended as follows.

• (2) In subsection (1)—

• (a) in paragraph (a), after “Act” insert “ or, in the case of a community patient, the community treatment order would cease to be in force ”, and

• (b) after “liable or subject” insert “ , or the order shall not cease to be in force, ”.

• (3) After subsection (3) (inserted by section 37 of this Act) insert—

(4) Where a community patient is absent without leave on the day on which (apart from this section) the 72-hour period mentioned in section 17F above would expire, that period shall not expire until the end of the period of 72 hours beginning with the time when— (a) the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or (b) the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above. (5) Any reference in this section, or in sections 21A to 22 below, to the time when a community treatment order would cease, or would have ceased, to be in force shall be construed as a reference to the time when it would cease, or would have ceased, to be in force by reason only of the passage of time.

7

In section 21A (patients who are taken into custody or return within 28 days), after subsection (3) insert—

(4) In the case of a community patient, where the period for which the community treatment order is in force is extended by section 21 above, any examination and report to be made and furnished in respect of the patient under section 20A(4) above may be made and furnished within the period as so extended. (5) Where the community treatment period is extended by virtue of subsection (4) above after the day on which (apart from section 21 above) the order would have ceased to be in force, the extension shall take effect as from that day.

8

• (1) Section 21B (patients who are taken into custody or return after more than 28 days) is amended as follows.

• (2) In subsection (2), after “ought to be” insert “ (his “return day”) ”.

• (3) In subsection (3), after “detained” insert “ or is a community patient ”.

• (4) For subsection (4) substitute—

(4) Where— (a) the patient would (apart from any renewal of the authority for his detention or guardianship on or after his return day) be liable to be detained or subject to guardianship after the end of the period of one week beginning with that day; or (b) in the case of a community patient, the community treatment order would (apart from any extension of the community treatment period on or after that day) be in force after the end of that period, he shall cease to be so liable or subject, or the community treatment period shall be deemed to expire, at the end of that period unless a report is duly furnished in respect of him under subsection (2) above.

• (5) After subsection (4) insert—

(4A) If, in the case of a community patient, the community treatment order is revoked under section 17F above during the period of one week beginning with his return day— (a) subsections (2) and (4) above shall not apply; and (b) any report already furnished in respect of him under subsection (2) above shall be of no effect.

• (6) After subsection (6) insert—

(6A) In the case of a community patient, where the community treatment order would (apart from section 21 above) have ceased to be in force on or before the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall extend the community treatment period for the period prescribed in that case by section 20A(3) above. (6B) Where the community treatment period is extended by virtue of subsection (6A) above— (a) the extension shall take effect as from the day on which (apart from section 21 above and that subsection) the order would have ceased to be in force; and (b) if (apart from this paragraph) the period as so extended would expire on or before the day on which the report is furnished, the report shall further extend that period, as from the day on which it would expire, for the period prescribed in that case by section 20A(3) above.

• (7) After subsection (7) insert—

(7A) In the case of a community patient, where the community treatment order would (taking account of any extension under subsection (6A) above) cease to be in force within the period of two months beginning with the day on which a report is duly furnished in respect of him under subsection (2) above, the report shall, if it so provides, have effect also as a report duly furnished under section 20A(4) above.

• (8) In subsection (10)—

• (a) for the definition of “the appropriate body” substitute—

“the appropriate body” means— (a) in relation to a patient who is liable to be detained in a hospital, the managers of the hospital; (b) in relation to a patient who is subject to guardianship, the responsible local social services authority; (c) in relation to a community patient, the managers of the responsible hospital; and

, and

• (b) for the definition of “the relevant conditions” substitute—

“the relevant conditions” means— (a) in relation to a patient who is liable to be detained in a hospital, the conditions set out in subsection (4) of section 20 above; (b) in relation to a patient who is subject to guardianship, the conditions set out in subsection (7) of that section; (c) in relation to a community patient, the conditions set out in section 20A(6) above.

Patients sentenced to imprisonment etc

9

For section 22 substitute—

(22) (1) If— (a) a qualifying patient is detained in custody in pursuance of any sentence or order passed or made by a court in the United Kingdom (including an order committing or remanding him in custody); and (b) he is so detained for a period exceeding, or for successive periods exceeding in the aggregate, six months, the relevant application shall cease to have effect on expiry of that period. (2) A patient is a qualifying patient for the purposes of this section if— (a) he is liable to be detained by virtue of an application for admission for treatment; (b) he is subject to guardianship by virtue of a guardianship application; or (c) he is a community patient. (3) “The relevant application”, in relation to a qualifying patient, means— (a) in the case of a patient who is subject to guardianship, the guardianship application in respect of him; (b) in any other case, the application for admission for treatment in respect of him. (4) The remaining subsections of this section shall apply if a qualifying patient is detained in custody as mentioned in subsection (1)(a) above but for a period not exceeding, or for successive periods not exceeding in the aggregate, six months. (5) If apart from this subsection— (a) the patient would have ceased to be liable to be detained or subject to guardianship by virtue of the relevant application on or before the day on which he is discharged from custody; or (b) in the case of a community patient, the community treatment order would have ceased to be in force on or before that day, he shall not cease and shall be deemed not to have ceased to be so liable or subject, or the order shall not cease and shall be deemed not to have ceased to be in force, until the end of that day. (6) In any case (except as provided in subsection (8) below), sections 18, 21 and 21A above shall apply in relation to the patient as if he had absented himself without leave on that day. (7) In its application by virtue of subsection (6) above section 18 above shall have effect as if— (a) in subsection (4) for the words from “later of” to the end there were substituted “ end of the period of 28 days beginning with the first day of his absence without leave ”; and (b) subsections (4A) and (4B) were omitted. (8) In relation to a community patient who was not recalled to hospital under section 17E above at the time when his detention in custody began— (a) section 18 above shall not apply; but (b) sections 21 and 21A above shall apply as if he had absented himself without leave on the day on which he is discharged from custody and had returned himself as provided in those sections on the last day of the period of 28 days beginning with that day.

Discharge

10

• (1) Section 23 (discharge of patients) is amended as follows.

• (2) In subsection (1) for the words from “from detention” to the end substitute “ absolutely from detention or guardianship is made in accordance with this section ”.

• (3) After subsection (1) insert—

(1A) Subject to the provisions of this section and section 25 below, a community patient shall cease to be liable to recall under this Part of this Act, and the application for admission for treatment cease to have effect, if an order in writing discharging him from such liability is made in accordance with this section. (1B) An order under subsection (1) or (1A) above shall be referred to in this Act as “an order for discharge”.

• (4) In subsection (2), after paragraph (b) insert—

(c) where the patient is a community patient, by the responsible clinician, by the managers of the responsible hospital or by the nearest relative of the patient.

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

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

11

• (1) Section 24 (visiting and examination of patients) is amended as follows.

• (2) In subsection (1), after “this Act” insert “ , or who is a community patient, ”.

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

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

12

• (1) Section 25 (restrictions on discharge by nearest relative) is amended as follows.

• (2) In subsection (1), after “shall not be made” insert “ under section 23 above ”.

• (3) After that subsection insert—

(1A) Subsection (1) above shall apply to an order for the discharge of a community patient as it applies to an order for the discharge of a patient who is liable to be detained in a hospital, but with the reference to the managers of the hospital being read as a reference to the managers of the responsible hospital.

• (4) In subsection (2), after “treatment” insert “ , or in respect of a community patient, ”.

Orders appointing acting nearest relative

13

In section 29 (appointment by court of acting nearest relative), in subsection (3)(d) omit the words “from hospital or guardianship”.

14

• (1) Section 30 (discharge and variation of orders under section 29) is amended as follows.

• (2) In subsection (4), for paragraphs (a) and (b) substitute—

(a) if— (i) on the date of the order the patient was liable to be detained or subject to guardianship by virtue of a relevant application, order or direction; or (ii) he becomes so liable or subject within the period of three months beginning with that date; or (iii) he was a community patient on the date of the order, it shall cease to have effect when he is discharged under section 23 above or 72 below or the relevant application, order or direction otherwise ceases to have effect (except as a result of his being transferred in pursuance of regulations under section 19 above); (b) otherwise, it shall cease to have effect at the end of the period of three months beginning with the date of the order.

• (3) After subsection (4) insert—

(4A) In subsection (4) above, reference to a relevant application, order or direction is to any of the following— (a) an application for admission for treatment; (b) a guardianship application; (c) an order or direction under Part 3 of this Act (other than under section 35, 36 or 38).

Regulations for purposes of Part 2

15

In section 32 (regulations for purposes of Part 2), in subsection (2)(c) after “this Part of this Act” insert “ or community patients ”.

Wards of court

16

• (1) Section 33 (special provisions as to wards of court) is amended as follows.

• (2) In subsection (2), after “admission under this Part of this Act” insert “ or is a community patient ”.

• (3) For subsection (4) substitute—

(4) Where a community treatment order has been made in respect of a minor who is a ward of court, the provisions of this Part of this Act relating to community treatment orders and community patients have effect in relation to the minor subject to any order which the court makes in the exercise of its wardship jurisdiction; but this does not apply as regards any period when the minor is recalled to hospital under section 17E above.

Restricted patients

17

In section 41 (power of higher courts to restrict discharge from hospital), in subsection (3)(aa) for “after-care under supervision” substitute “ community treatment orders and community patients ”.

Applications and references to Mental Health Review Tribunal

18

• (1) Section 66 (applications to tribunals) is amended as follows.

• (2) In subsection (1)—

• (a) after paragraph (c) insert—

(ca) a community treatment order is made in respect of a patient; or (cb) a community treatment order is revoked under section 17F above in respect of a patient; or

,

• (b) in paragraph (f), after “discharged” insert “ under section 23 above ”,

• (c) after that paragraph insert—

(fza) a report is furnished under section 20A above in respect of a patient and the patient is not discharged under section 23 above; or

,

• (d) after paragraph (fa) insert—

(faa) a report is furnished under subsection (2) of section 21B above in respect of a community patient and subsection (6A) of that section applies (or subsections (6A) and (6B)(b) of that section apply) in the case of the report; or

,

• (e) in paragraph (g), after “treatment” insert “ or a community patient ”, and

• (f) in paragraph (h), after “this Act” insert “ or who is a community patient ”.

• (3) In subsection (2)—

• (a) after paragraph (c) insert—

(ca) in the case mentioned in paragraph (ca) of that subsection, six months beginning with the day on which the community treatment order is made; (cb) in the case mentioned in paragraph (cb) of that subsection, six months beginning with the day on which the community treatment order is revoked;

, and

• (b) after paragraph (f) insert—

(fza) in the cases mentioned in paragraphs (fza) and (faa) of that subsection, the period or periods for which the community treatment period is extended by virtue of the report;

.

• (4) After subsection (2) insert—

(2A) Nothing in subsection (1)(b) above entitles a community patient to make an application by virtue of that provision even if he is admitted to a hospital on being recalled there under section 17E above.

19

In section 67 (references to tribunals by Secretary of State concerning Part 2 patients), in subsection (1), at the end insert “ or of any community patient ”.

20

In section 69 (applications to tribunals concerning patients subject to hospital and guardianship orders)—

• (a) in subsection (1), for paragraph (a) substitute—

(a) in respect of a patient liable to be detained in pursuance of a hospital order or a community patient who was so liable immediately before he became a community patient, by the nearest relative of the patient in any period in which an application may be made by the patient under any such provision as so applied;

,

• (b) in subsection (2)(b), omit the words “45B(2), 46(3),”, and

• (c) after subsection (2) insert—

(3) The provisions of section 66 above as applied by section 40(4) above are subject to subsection (4) below. (4) If the initial detention period has not elapsed when the relevant application period begins, the right of a hospital order patient to make an application by virtue of paragraph (ca) or (cb) of section 66(1) above shall be exercisable only during whatever remains of the relevant application period after the initial detention period has elapsed. (5) In subsection (4) above— (a) “hospital order patient” means a patient who is subject to a hospital order, excluding a patient of a kind mentioned in paragraph (a) or (b) of subsection (2) above; (b) “the initial detention period”, in relation to a hospital order patient, means the period of six months beginning with the date of the hospital order; and (c) “the relevant application period” means the relevant period mentioned in paragraph (ca) or (cb), as the case may be, of section 66(2) above.

21

• (1) Section 72 (powers of tribunals) is amended as follows.

• (2) In subsection (1)—

• (a) after “this Act” insert “ or is a community patient ”, and

• (b) after paragraph (b) insert—

(c) the tribunal shall direct the discharge of a community patient if they are not satisfied— (i) that he is then suffering from mental disorder or mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment; or (ii) that it is necessary for his health or safety or for the protection of other persons that he should receive such treatment; or (iii) that it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) above to recall the patient to hospital; or (iv) that appropriate medical treatment is available for him; or (v) in the case of an application by virtue of paragraph (g) of section 66(1) above, that the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself.

• (3) After subsection (1) insert—

(1A) In determining whether the criterion in subsection (1)(c)(iii) above is met, the tribunal shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were to continue not to be detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder).

• (4) For subsection (3A) substitute—

(3A) Subsection (1) above does not require a tribunal to direct the discharge of a patient just because they think it might be appropriate for the patient to be discharged (subject to the possibility of recall) under a community treatment order; and a tribunal— (a) may recommend that the responsible clinician consider whether to make a community treatment order; and (b) may (but need not) further consider the patient's case if the responsible clinician does not make an order.

22

In section 76 (visiting and examination of patients), in subsection (1), after “this Act” insert “ or a community patient, ”.

23

In section 77 (general provisions concerning tribunal applications), in subsection (3) for the words from “to the tribunal” to the end substitute—

(a) in the case of a patient who is liable to be detained in a hospital, to the tribunal for the area in which that hospital is situated; (b) in the case of a community patient, to the tribunal for the area in which the responsible hospital is situated; (c) in the case of a patient subject to guardianship, to the tribunal for the area in which the patient is residing.

After-care services

24

In section 117 (after-care), in subsection (2) for the words from “patient who is subject” to the end substitute “ community patient while he remains such a patient. ”

Code of practice

25

In section 118 (code of practice), in subsection (1)(a) for “after-care under supervision” substitute “ community patients ”.

General protection of detained patients

26

• (1) Section 120 (general protection of detained patients) is amended as follows.

• (2) In subsection (1)—

• (a) after “liable to be detained under this Act” insert “ or to community patients ”,

• (b) in paragraph (a) after “registered establishments” insert “ and community patients in hospitals and establishments of any description and (if access is granted) other places ”, and

• (c) in paragraph (b)—

• (i) in sub-paragraph (i), after “this Act in” insert “ , or recalled under section 17E above to, ”, and

• (ii) in sub-paragraph (ii), after “detained” insert “ or is or has been a community patient ”.

• (3) In subsection (4)—

• (a) in paragraph (a), for “registered establishment” substitute “ hospital or establishment of any description ”, and

• (b) in paragraph (b), for “in a registered establishment” substitute “ under this Act or who is or has been a community patient ”.

• (4) After subsection (7) insert—

(8) In this section, “establishment of any description” has the same meaning as in section 119 above.

27

In section 121 (Mental Health Act Commission), in subsection (4), for the words from “not liable” to the end substitute “ neither liable to be detained under this Act nor community patients ”.

Offences

28

In section 128 (assisting patients to absent themselves without leave, etc), in subsection (1) after “under this Act” insert “ or is a community patient ”.

Duty to give information

29

In section 132 (duty of managers of hospitals to give information to detained patients), in subsection (2) for “nursing home” substitute “ establishment ”.

30

After section 132 insert—

(132A) (1) The managers of the responsible hospital shall take such steps as are practicable to ensure that a community patient understands— (a) the effect of the provisions of this Act applying to community patients; and (b) what rights of applying to a Mental Health Review Tribunal are available to him in that capacity; and those steps shall be taken as soon as practicable after the patient becomes a community patient. (2) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing. (3) The managers of the responsible hospital shall, except where the community 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 subsection (1) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.

31

In section 133 (duty of managers of hospitals to inform nearest relatives of discharge), after subsection (1) insert—

(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.

Retaking of patients escaping from custody

32

In section 138 (retaking of patients escaping from custody), in subsection (1)(b) after “under this Act,” insert “ or a community patient who was recalled to hospital under section 17E above, ”.

Members of Parliament suffering from mental disorder

33

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

Interpretation

34

• (1) Section 145 (interpretation) is amended as follows.

• (2) In subsection (1), in the definition of “absent without leave”, after “related expressions” insert “ (including expressions relating to a patient's liability to be returned to a hospital or other place) ”.

• (3) In that subsection, at the appropriate places insert—

“community patient” has the meaning given in section 17A above;

“community treatment order” and “the community treatment order” have the meanings given in section 17A above;

“the community treatment period” has the meaning given in section 20A above;

“the responsible hospital” has the meaning given in section 17A above;

.

• (4) In subsection (3), after “guardianship” insert “ or a community patient ”.

Extent

35

• (1) In section 146 (application to Scotland), omit the words from “128” to “guardianship)”.

• (2) This paragraph does not extend to Scotland.

Application of certain provisions to patients concerned in criminal proceedings

36

• (1) In Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), Part 1 (patients not subject to special restrictions) is amended as follows.

• (2) In paragraph 1, after “17” insert “ to 17C, 17E, 17F, 20A ”.

• (3) In paragraph 2—

• (a) for “18, 19, 20” substitute “ 17D, 17G, 18 to 20, 20B ”, and

• (b) for “paragraphs 3” substitute “ paragraphs 2A ”.

• (4) After paragraph 2 insert—

(2A) In section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below. (2B) In section 17G— (a) in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below; (b) in subsection (4) for paragraphs (a) and (b) there shall be substituted the words “ the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital ”; and (c) in subsection (5) for the words from “the patient” to the end there shall be substituted the words “ the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked ”.

• (5) After paragraph 5 insert—

(5A) In section 19A(2), paragraph (b) shall be omitted.

• (6) After paragraph 6 insert—

(6A) In section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.

• (7) In paragraph 8(b), for “and (b)” substitute “ to (c) ”.

37

• (1) Part 2 of that Schedule (patients subject to special restrictions) is amended as follows.

• (2) In paragraph 2, for “17 to 19” substitute “ 17, 18, 19 ”.

• (3) For paragraph 6 substitute—

(6) In section 22, subsections (1) and (5) shall not apply.

SCHEDULE 4

Administration of Justice Act 1960

1

After section 5 of the Administration of Justice Act 1960 (c. 65) insert—

(5A) (1) Where the defendant in any proceedings from which an appeal lies under section 1 of this Act would, but for the decision of the court below, be liable to recall, and immediately after that decision the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal, the court may make an order under this section. (2) For the purposes of this section, a person is liable to recall if he is subject to a community treatment order (within the meaning of the Mental Health Act 1983) and, when that order was made, he was liable to be detained in pursuance of an order or direction under Part 3 of that Act. (3) An order under this section is an order providing for the continuation of the community treatment order and the order or direction under Part 3 of that Act so long as any appeal under section 1 of this Act is pending. (4) Where the court makes an order under this section, the provisions of the Mental Health Act 1983 with respect to persons liable to recall (including provisions as to the extension of the community treatment period, the removal or discharge of community patients, the revocation of community treatment orders and the re-detention of patients following revocation) shall apply accordingly. (5) An order under this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would, but for the decision of the court below, have been— (a) liable to recall; or (b) where the community treatment order is revoked, liable to be detained in pursuance of the order or direction under Part 3 of the Mental Health Act 1983. (6) Where the court below has power to make an order under this section, and either no such order is made or the defendant is discharged by virtue of subsection (4) or (5) of this section before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the Supreme Court on the appeal.

Criminal Appeal Act 1968

2

• (1) The Criminal Appeal Act 1968 (c. 19) is amended as follows.

• (2) In section 8 (supplementary provisions as to retrial), after subsection (3A) insert—

(3B) If the person ordered to be retried— (a) was liable to be detained in pursuance of an order or direction under Part 3 of the Mental Health Act 1983; (b) was then made subject to a community treatment order (within the meaning of that Act); and (c) was subject to that community treatment order immediately before the determination of his appeal, the order or direction under Part 3 of that Act and the community treatment order shall continue in force pending the retrial as if the appeal had not been allowed, and any order made by the Court of Appeal under this section for his release on bail shall have effect subject to the community treatment order.

• (3) After section 37 insert—

(37A) (1) The following provisions apply where, immediately after a decision of the Court of Appeal from which an appeal lies to the Supreme Court, the prosecutor is granted, or gives notice that he intends to apply for, leave to appeal. (2) If, but for the decision of the Court of Appeal, the defendant would be liable to recall, the Court of Appeal may make an order under this section. (3) For the purposes of this section, a person is liable to recall if he is subject to a community treatment order (within the meaning of the Mental Health Act 1983) and, when that order was made, he was liable to be detained in pursuance of an order or direction under Part 3 of that Act. (4) An order under this section is an order providing for the continuation of the community treatment order and the order or direction under Part 3 of that Act so long as an appeal to the Supreme Court is pending. (5) Where an order is made under this section the provisions of the Mental Health Act 1983 with respect to persons liable to recall (including provisions as to the extension of the community treatment period, the removal or discharge of community patients, the revocation of community treatment orders and the re-detention of patients following revocation) shall apply accordingly. (6) An order under this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would, but for the decision of the Court of Appeal, have been— (a) liable to recall; or (b) where the community treatment order is revoked, liable to be detained in pursuance of the order or direction under Part 3 of the Mental Health Act 1983. (7) Where the Court of Appeal have power to make an order under this section, and either no such order is made or the defendant is discharged, by virtue of subsection (5) or (6) of this section, before the appeal is disposed of, the defendant shall not be liable to be again detained as the result of the decision of the Supreme Court on the appeal.

Courts-Martial (Appeals) Act 1968

3

• (1) The Courts-Martial (Appeals) Act 1968 (c. 20) is amended as follows.

• (2) In section 20 (implementation of authority for retrial etc), after subsection (4) insert—

(4A) Where retrial is authorised in the case of a person who— (a) was liable to be detained in pursuance of an order or direction under Part 3 of the Mental Health Act 1983; (b) was then made subject to a community treatment order (within the meaning of that Act); and (c) was subject to that community treatment order immediately before the date of the authorisation, the order or direction under Part 3 of that Act and the community treatment order shall continue in force until the relevant time (as defined in subsection (3A)) as if his conviction had not been quashed. (4B) An order under subsection (1E)(a) is of no effect in relation to a person for so long as he is subject to a community treatment order.

• (3) In section 43 (detention of accused), after subsection (3) insert—

(3A) The relevant provisions of the Mental Health Act 1983 with respect to community treatment orders (within the meaning of that Act) shall also apply for the purposes of subsection (3).

• (4) After that section insert—

(43A) (1) The Appeal Court may make an order under this section where— (a) but for the decision of the Appeal Court, the accused would be liable to recall; and (b) immediately after that decision, the Director of Service Prosecutions is granted leave to appeal or gives notice that he intends to apply for leave to appeal. (2) For the purposes of this section, a person is liable to recall if he is subject to a community treatment order (within the meaning of the Mental Health Act 1983) and, when that order was made, he was liable to be detained in pursuance of an order or direction under Part 3 of that Act. (3) An order under this section is an order providing for the continuation of the community treatment order and the order or direction under Part 3 of that Act so long as any appeal to the Supreme Court is pending. (4) Where the Appeal Court makes an order under this section, the relevant provisions of the Mental Health Act 1983 with respect to persons liable to recall (including provisions as to the extension of the community treatment period, the removal or discharge of community patients, the revocation of community treatment orders and the re-detention of patients following revocation) shall apply accordingly. (5) An order under this section shall (unless the appeal has been previously disposed of) cease to have effect at the end of the period for which the accused would, but for the decision of the Appeal Court, have been— (a) liable to recall; or (b) where the community treatment order is revoked, liable to be detained in pursuance of the order or direction under Part 3 of the Mental Health Act 1983. (6) Where the Appeal Court has power to make an order under this section and either no such order is made or the accused is discharged by virtue of subsection (4) or (5) above before the appeal is disposed of, the accused shall not be liable to be again detained as a result of the decision of the Supreme Court on the appeal.

Juries Act 1974

4

In Schedule 1 to the Juries Act 1974 (c. 23) (mentally disordered persons and persons disqualified from serving), at the end of paragraph 2 insert “ or subject to a community treatment order under section 17A of that Act ”.

SCHEDULE 5

Part 1 — Amendments to Part 6 of 1983 Act

Introduction

1

Part 6 of the 1983 Act is amended as set out in this Part of this Schedule.

Transfer of patients: Scotland

2

In section 80 (removal of patients to Scotland) (the cross-heading immediately above which becomes “Removal to and from Scotland”), in subsection (1), omit the words “or subject to guardianship” and the words “or, as the case may be, for receiving him into guardianship”.

3

• (1) After that section insert—

(80ZA) (1) If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (2) below are met, the authority may authorise the transfer of responsibility for him to Scotland. (2) The conditions are— (a) a transfer under this section is in the patient's interests; and (b) arrangements have been made for dealing with him under enactments in force in Scotland corresponding or similar to those relating to community patients in this Act. (3) The appropriate national authority may not act under subsection (1) above while the patient is recalled to hospital under section 17E above. (4) In this section, “the appropriate national authority” means— (a) in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State; (b) in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers.

• (2) This paragraph does not extend to Scotland.

4

• (1) After section 80A (the title to which becomes ( “ Transfer of responsibility for conditionally discharged patients to Scotland ”) insert—

(80B) (1) This section applies to a patient if— (a) he is removed to England and Wales under regulations made under section 290(1)(a) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”); (b) immediately before his removal, his detention in hospital was authorised by virtue of that Act or the Criminal Procedure (Scotland) Act 1995; and (c) on his removal, he is admitted to a hospital in England or Wales. (2) He shall be treated as if, on the date of his admission to the hospital, he had been so admitted in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the enactment by virtue of which his detention in hospital was authorised immediately before his removal. (3) If, immediately before his removal, he was subject to a measure under any enactment in force in Scotland restricting his discharge, he shall be treated as if he were subject to an order or direction under the enactment in force in England and Wales which most closely corresponds to that enactment. (4) If, immediately before his removal, the patient was liable to be detained under the 2003 Act by virtue of a transfer for treatment direction, given while he was serving a sentence of imprisonment (within the meaning of section 136(9) of that Act) imposed by a court in Scotland, he shall be treated as if the sentence had been imposed by a court in England and Wales. (5) If, immediately before his removal, the patient was subject to a hospital direction or transfer for treatment direction, the restriction direction to which he is subject by virtue of subsection (3) above shall expire on the date on which that hospital direction or transfer for treatment direction (as the case may be) would have expired if he had not been so removed. (6) If, immediately before his removal, the patient was liable to be detained under the 2003 Act by virtue of a hospital direction, he shall be treated as if any sentence of imprisonment passed at the time when that hospital direction was made had been imposed by a court in England and Wales. (7) Any directions given by the Scottish Ministers under regulations made under section 290 of the 2003 Act as to the removal of a patient to which this section applies shall have effect as if they were given under this Act. (8) Subsection (8) of section 80 above applies to a reference in this section as it applies to one in that section. (9) In this section— - “hospital direction” means a direction made under section 59A of the Criminal Procedure (Scotland) Act 1995; and - “transfer for treatment direction” has the meaning given by section 136 of the 2003 Act. (80C) (1) This section applies to a patient if— (a) he is subject to an enactment in force in Scotland by virtue of which regulations under section 289(1) of the Mental Health (Care and Treatment) (Scotland) Act 2003 apply to him; and (b) he is removed to England and Wales under those regulations. (2) He shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales— (a) he had been admitted to a hospital in England or Wales in pursuance of an application or order made on that date under the corresponding enactment; and (b) a community treatment order had then been made discharging him from the hospital. (3) For these purposes— (a) if the enactment to which the patient was subject in Scotland was an enactment contained in the Mental Health (Care and Treatment) (Scotland) Act 2003, the corresponding enactment is section 3 of this Act; (b) if the enactment to which he was subject in Scotland was an enactment contained in the Criminal Procedure (Scotland) Act 1995, the corresponding enactment is section 37 of this Act. (4) “The responsible hospital, in the case of a patient in respect of whom a community treatment order is in force by virtue of subsection (2) above, means the hospital to which he is treated as having been admitted by virtue of that subsection, subject to section 19A above. (5) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order. (6) But the responsible clinician may only specify conditions under subsection (5) above which an approved mental health professional agrees should be specified. (80D) (1) This section applies to a patient who is subject to— (a) a restriction order under section 59 of the Criminal Procedure (Scotland) Act 1995; and (b) a conditional discharge under section 193(7) of the Mental Health (Care and Treatment) (Scotland) Act 2003 (“the 2003 Act”). (2) A transfer of the patient to England and Wales under regulations made under section 290 of the 2003 Act shall have effect only if the Secretary of State has consented to the transfer. (3) If a transfer under those regulations has effect, the patient shall be treated as if— (a) on the date of the transfer he had been conditionally discharged under section 42 or 73 above; and (b) he were subject to a hospital order under section 37 above and a restriction order under section 41 above. (4) If the restriction order to which the patient was subject immediately before the transfer was of limited duration, the restriction order to which he is subject by virtue of subsection (3) above shall expire on the date on which the first-mentioned order would have expired if the transfer had not been made.

• (2) This paragraph does not extend to Scotland.

Transfer of patients: Northern Ireland

5

In section 81 (removal of patients to Northern Ireland), in subsection (2), for the words from “where he is” to “the corresponding enactment” substitute “ where he is subject to a hospital order and a restriction order or a transfer direction and a restriction direction under any enactment in this Act, as if he were subject to a hospital order and a restriction order or a transfer direction and a restriction direction under the corresponding enactment ”.

6

After that section insert—

(81ZA) (1) Section 81 above shall apply in the case of a community patient as it applies in the case of a patient who is for the time being liable to be detained under this Act, as if the community patient were so liable. (2) Any reference in that section to the application, order or direction by virtue of which a patient is liable to be detained under this Act shall be construed, for these purposes, as a reference to the application, order or direction under this Act in respect of the patient.

7

• (1) Section 81A (transfer of responsibility for patients to Northern Ireland) is amended as follows.

• (2) For subsection (1)(a) substitute—

(a) is subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above;

• (3) In subsection (2)(b), for “a restriction order or restriction direction” substitute “ a hospital order and a restriction order, or to a transfer direction and a restriction direction, ”.

8

In section 82 (removal to England and Wales of patients from Northern Ireland), in subsection (2), for the words from “where he is” to “the corresponding enactment” substitute “ where he is subject to a hospital order and a restriction order or a transfer direction and a restriction direction under any enactment in that Order, as if he were subject to a hospital order and a restriction order or a transfer direction and a restriction direction under the corresponding enactment ”.

9

In section 82A (the title to which becomes “Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland), for subsection (2)(b) substitute—

(b) as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above or to a transfer direction under section 47 above and a restriction direction under section 49 above.

Transfer of patients: Channel Islands and Isle of Man

10

Before section 83A (the title to which becomes “Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man”) insert—

(83ZA) (1) Section 83 above shall apply in the case of a community patient as it applies in the case of a patient who is for the time being liable to be detained under this Act, as if the community patient were so liable. (2) But if there are in force in any of the Channel Islands or the Isle of Man enactments (“relevant enactments”) corresponding or similar to those relating to community patients in this Act— (a) subsection (1) above shall not apply as regards that island; and (b) subsections (3) to (6) below shall apply instead. (3) If it appears to the appropriate national authority, in the case of a community patient, that the conditions mentioned in subsection (4) below are met, the authority may authorise the transfer of responsibility for him to the island in question. (4) The conditions are— (a) a transfer under subsection (3) above is in the patient's interests; and (b) arrangements have been made for dealing with him under the relevant enactments. (5) But the authority may not act under subsection (3) above while the patient is recalled to hospital under section 17E above. (6) In this section, “the appropriate national authority” means— (a) in relation to a community patient in respect of whom the responsible hospital is in England, the Secretary of State; (b) in relation to a community patient in respect of whom the responsible hospital is in Wales, the Welsh Ministers.

11

In section 85 (patients removed from Channel Islands or Isle of Man), in subsection (2), for “to a restriction order or restriction direction” substitute “ to a hospital order and a restriction order or to a hospital direction and a limitation direction or to a transfer direction and a restriction direction ”.

12

Before section 85A (the title to which becomes “Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man”) insert—

(85ZA) (1) This section shall have effect if there are in force in any of the Channel Islands or the Isle of Man enactments (“relevant enactments”) corresponding or similar to those relating to community patients in this Act. (2) If responsibility for a patient is transferred to England and Wales under a provision corresponding to section 83ZA(3) above, he shall be treated as if on the date of his arrival at the place where he is to reside in England or Wales— (a) he had been admitted to the hospital in pursuance of an application made, or an order or direction made or given, on that date under the enactment in force in England and Wales which most closely corresponds to the relevant enactments; and (b) a community treatment order had then been made discharging him from the hospital. (3) “The responsible hospital”, in his case, means the hospital to which he is treated as having been admitted by virtue of subsection (2) above, subject to section 19A above. (4) As soon as practicable after the patient's arrival at the place where he is to reside in England or Wales, the responsible clinician shall specify the conditions to which he is to be subject for the purposes of section 17B(1) above, and the conditions shall be deemed to be specified in the community treatment order. (5) But the responsible clinician may only specify conditions under subsection (4) above which an approved mental health professional agrees should be specified.

13

• (1) Section 85A is amended as follows.

• (2) For subsection (2)(b) substitute—

(b) as if he were subject to a hospital order under section 37 above and a restriction order under section 41 above, or to a hospital direction and a limitation direction under section 45A above, or to a transfer direction under section 47 above and a restriction direction under section 49 above.

• (3) In subsection (3) after “restriction order” insert “ , limitation direction ”.

Patients absent from hospitals in England and Wales

14

• (1) Section 88 (patients absent from hospitals in England and Wales) is amended as follows.

• (2) In subsection (1) for the words from “any other part” to the end substitute “ Northern Ireland ”.

• (3) For subsection (2) substitute—

(2) For the purposes of the enactments referred to in subsection (1) above in their application by virtue of this section, the expression “constable” includes an officer or constable of the Police Service of Northern Ireland.

• (4) In subsection (3) omit the following—

• (a) the words “to Scotland or Northern Ireland”,

• (b) paragraph (a), and

• (c) in paragraph (b), the words “in Northern Ireland,”.

Regulations for purposes of Part 6

15

In section 90 (regulations for purposes of Part 6), for the words from “and to regulations” to the end substitute “ , 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

16

In section 91 (general provisions as to patients removed from England and Wales), after subsection (2) insert—

(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.

Interpretation

17

In section 92 (interpretation of Part 6), after subsection (1) insert—

(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.

Part 2 — Related amendments

The 1983 Act

18

In section 69 of the 1983 Act (applications to tribunals concerning patients subject to hospital and guardianship orders), in subsection (2)(a)—

• (a) after “hospital order” insert “ , hospital direction ”, and

• (b) for the words from “, 82(2) or” to the end substitute “ or section 80B(2), 82(2) or 85(2) below. ”

19

• (1) Section 79 of that Act (interpretation of Part 5) is amended as follows.

• (2) In subsection (1), for paragraph (c) substitute—

(c) is treated as subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction, by virtue of any provision of Part 6 of this Act (except section 80D(3), 82A(2) or 85A(2) below),

.

• (3) In subsection (5)—

• (a) after “the relevant hospital order,” insert “ the relevant hospital direction, ”,

• (b) after “the restriction order” insert “ , the limitation direction ”,

• (c) after “the hospital order,” insert “ hospital direction, ”, and

• (d) after “restriction order,” insert “ limitation direction, ”.

• (4) After that subsection insert—