Mental Health Act 2025

(5A) Where the responsible clinician is not the community clinician, the responsible clinician must consult the community clinician before varying or suspending conditions specified in a community treatment order, unless consultation would involve unreasonable delay.

;

• (c) after subsection (7) insert—

(8) In this section “the relevant professionals” means— (a) the approved mental health professional making the statement required by section 17A(4)(b), and (b) where section 17A(4)(c) applies, the community clinician.

• (4) In section 17E (power to recall a community patient to hospital), after subsection (2) insert—

(2A) Where the responsible clinician is not the community clinician, the responsible clinician must consult the community clinician before recalling a community patient to hospital, unless consultation would involve unreasonable delay.

• (5) In section 17F (powers in respect of recalled patients), after subsection (4) insert—

(4A) Where the responsible clinician is not the community clinician, the responsible clinician must consult the community clinician before revoking a community treatment order, unless consultation would involve unreasonable delay.

• (6) In section 20A (community treatment period)—

• (a) in subsection (4)(b), for “under subsection (8) below is made,” substitute

has been made— (i) under subsection (8), and (ii) where the responsible clinician is not the community clinician, under subsection (8A),

;

• (b) in subsection (8), after “(4)” insert “(b)(i)”;

• (c) after subsection (8) insert—

(8A) The statement referred to in subsection (4)(b)(ii) is a statement in writing by the community clinician that it appears to the community clinician that the conditions set out in subsection (6) are satisfied.

;

• (d) omit subsection (9).

• (7) In section 34(1) (interpretation of Part 2), at the appropriate place insert—

• “the community clinician” means— in relation to a patient who is liable to be detained in a hospital in pursuance of an application for admission for treatment, the approved clinician who would oversee the patient’s care if they were to become a community patient; in relation to a community patient, the approved clinician overseeing the patient’s care as a community patient;

.

• (8) In section 80C (removal of patients subject to compulsion in the community from Scotland)—

• (a) in subsection (6), for “an approved mental health professional agrees” substitute “the relevant professionals agree”;

• (b) after subsection (6) insert—

(7) In this section “the relevant professionals” means— (a) an approved mental health professional, and (b) where the responsible clinician is not the community clinician, the community clinician.

• (9) In section 85ZA (responsibility for community patients transferred from Channel Islands or Isle of Man)—

• (a) in subsection (5), for “an approved mental health professional agrees” substitute “the relevant professionals agree”;

• (b) after subsection (5) insert—

(6) In this section “the relevant professionals” means— (a) an approved mental health professional, and (b) where the responsible clinician is not the community clinician, the community clinician.

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

(1B) References in this Part to the community clinician are to be construed as references to the community clinician within the meaning of Part 2.

Conditions of community treatment orders

23

• (1) In section 17B(2) of the Mental Health Act 1983 (conditions of community treatment orders) omit “or appropriate”.

• (2) In section 72 of that Act (powers of tribunals), after subsection (3A) insert—

(3B) Where a tribunal does not direct the discharge of a community patient, the tribunal may recommend that the responsible clinician reconsider whether a condition specified in the community treatment order is necessary.

Nominated persons

Nominated person

24

Schedule 2 contains amendments of the Mental Health Act 1983 which—

• (a) make provision about the appointment of a nominated person for a patient,

• (b) transfer to nominated persons functions currently conferred on patients’ nearest relatives, and

• (c) confer functions on nominated persons for certain patients concerned in criminal proceedings.

Applications for admission or guardianship: role of nominated person

25

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 11 (general provisions about applications for admission or guardianship), for subsection (4) substitute—

(4) Before an approved mental health professional makes an application for admission for treatment or a guardianship application in respect of a patient who appears to have a nominated person, the professional must consult that person. (4A) But the consultation requirement imposed by subsection (4) does not apply if it appears to the approved mental health professional that consultation— (a) is not reasonably practicable, or (b) would involve unreasonable delay. (4B) A patient’s nominated person may object to the making of an application for admission for treatment or the making of a guardianship application by an approved mental health professional by— (a) notifying the professional, or (b) notifying the local social services authority on whose behalf the professional is acting. (4C) Where a nominated person objects under subsection (4B) to the making of an application, the application may be made only if it is accompanied by a report certifying that, in the opinion of the approved mental health professional, the patient, if not admitted for treatment or received into guardianship, would be likely to act in a manner that is dangerous to other persons or to the patient.

• (3) In section 20 (duration of authority)—

• (a) in subsection (5)—

• (i) the words from “one” to the end become paragraph (a), and

• (ii) after that paragraph insert

; and (b) if the patient appears to have a nominated person, the nominated person.

;

• (b) after subsection (6) insert—

(6A) Before furnishing a report under subsection (6), the appropriate practitioner must, if the patient appears to have a nominated person, consult that person.

• (4) In section 66 (applications to tribunals), in subsection (1), after sub-paragraph (i) insert—

(ia) in the cases mentioned in paragraphs (b) and (c) where the application was made despite an objection under section 11(4B), by the patient’s nominated person;

.

Discharge of patients: role of nominated person

26

In section 25 of the Mental Health Act 1983 (restrictions on discharge by nearest relative)—

• (a) in the heading, for “nearest relative” substitute “nominated person”;

• (b) in subsection (1)—

• (i) in the words before paragraph (a), for “nearest relative” substitute “nominated person”;

• (ii) in paragraphs (a) and (b), for “relative” substitute “nominated person”;

• (iii) in paragraph (b) for “six months” substitute “three months”;

• (c) in subsection (2), for “nearest relative” substitute “nominated person”;

Community treatment orders: role of nominated person

27

• (1) The Mental Health Act 1983 is amended as follows.

• (2) After section 17A insert—

(17AA) (1) Before the responsible clinician makes a community treatment order in respect of a patient who appears to have a nominated person, the responsible clinician must consult that person. (2) But the consultation requirement imposed by subsection (1) does not apply if it appears to the responsible clinician that consultation— (a) is not reasonably practicable, or (b) would involve unreasonable delay. (3) A patient’s nominated person may object to the making of a community treatment order by notifying the responsible clinician. (4) Where the nominated person objects under subsection (3), the community treatment order may not be made unless the responsible clinician certifies in writing that— (a) in the opinion of the responsible clinician, the patient should be discharged from hospital, and (b) the patient, if so discharged without a community treatment order being in force, would be likely to act in a manner that is dangerous to other persons or to the patient.

• (3) In the heading to section 17B, after “Conditions” insert “to be included in community treatment orders”.

• (4) In section 20A (community treatment period and extensions), after subsection (8A) (as inserted by section 22 of this Act) insert—

(8B) Before making a statement under subsection (8)(b) in respect of a patient who appears to have a nominated person, the approved mental health professional must consult the nominated person, unless consultation— (a) is not reasonably practicable, or (b) would involve unreasonable delay.

• (5) In section 66 (applications to tribunals), in subsection (1), after sub-paragraph (ia) (as inserted by section 25 of this Act) insert—

(ib) in the case mentioned in paragraph (ca) where the application was made despite an objection under section 17AA(3), by the patient’s nominated person;

.

• (6) In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders: patients not subject to special restrictions), in paragraph 1, before “17B,” (as inserted by Schedule 1 to this Act) insert “17AA,”.

Transfer of patients: role of nominated person

28

In section 19 of the Mental Health Act 1983 (transfer of patients), after subsection (3) insert—

(3A) Before deciding to transfer a patient between hospitals in pursuance of regulations under subsection (1), or in pursuance of subsection (3), the person responsible for taking that decision must consult the patient’s nominated person (if any), unless consultation— (a) is not reasonably practicable, or (b) would involve unreasonable delay.

Detention periods

Detention periods

29

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 19 (regulations as to transfers of patients), after subsection (2) insert—

(2A) But, in the case of a patient falling within subsection (2)(d), section 20 has effect as if the patient had been admitted to hospital in pursuance of an application for admission for treatment on the day on which the patient is transferred.

• (3) In section 20 (duration of authority)—

• (a) for subsections (1) and (2) substitute—

(1) Subject to the following provisions of this Part— (a) a patient admitted to hospital in pursuance of an application for admission for treatment may be detained in a hospital for a period not exceeding three months beginning with the day on which the patient was so admitted, but may not be so detained for any longer period unless the authority for the patient’s detention is renewed under this section; (b) a patient placed under guardianship in pursuance of a guardianship application may be kept under guardianship for a period not exceeding six months beginning with the day on which the guardianship application was accepted, but may not be so kept for any longer period unless the authority for the patient’s guardianship is renewed under this section. (2) Authority for the detention of a patient may, unless the patient has previously been discharged under section 23, be renewed— (a) from the expiration of the period referred to in subsection (1)(a), for a further period of three months; (b) from the expiration of any period of renewal under paragraph (a), for a further period of six months; (c) from the expiration of any period of renewal under paragraph (b), for a further period of one year, and so on for periods of one year at a time. (2A) Authority for the guardianship of a patient may, unless the patient has previously been discharged under section 23, be renewed— (a) from the expiration of the period referred to in subsection (1)(b), for a further period of six months; (b) from the expiration of any period of renewal under paragraph (a), for a further period of one year, and so on for periods of one year at a time.

;

• (b) in subsection (8), after “subsection (2)” insert “or (2A)”.

• (4) In section 21B (patients who are taken into custody or return after more than 28 days)—

• (a) in subsection (5), after “20(2)” insert “or (2A)”;

• (b) in subsection (6)(b), after “20(2)” insert “or (2A)”.

• (5) In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders)—

• (a) in paragraph 2, at the end insert “(subject to any qualifications expressed in those paragraphs)”;

• (b) in paragraph 2B, for paragraph (c) substitute—

(c) subsection (5) is to be omitted.

;

• (c) in paragraph 5—

• (i) for “section 19(2)” substitute

section 19— (a) in subsection (2)

;

• (ii) at the end insert—

(b) subsection (2A) is to be omitted.

;

• (d) after paragraph 5A insert—

(5B) (1) The modifications of section 20 made by this paragraph apply in relation to a patient transferred from guardianship to a hospital in pursuance of regulations made under section 19. (2) In section 20(1)(a)— (a) for “in pursuance of an application for admission for treatment” there is to be substituted “as a result of being transferred in pursuance of regulations under section 19 ”; (b) for “admitted”, in the second place it occurs, there is to be substituted “transferred”. (5C) (1) The modifications of section 20 made by this paragraph apply in relation to a patient in respect of whom a community treatment order was revoked under section 17F within the period of six months beginning with the date of the relevant order or direction under Part 3. (2) In section 20(1)(a)— (a) for “application for admission for treatment” there is to be substituted “order or direction under Part 3 of this Act”; (b) for “three months” there is to be substituted “six months”; (c) for “day on which the patient was so admitted” there is to be substituted “day on which the community treatment order in respect of the patient was revoked”. (3) In section 20(2)— (a) in paragraph (a), for “three months” there is to be substituted “six months”; (b) in paragraph (b), for “six months” there is to be substituted “one year”. (5D) (1) The modifications of section 20 made by this paragraph apply in relation to a patient in respect of whom a community treatment order was revoked under section 17F after the end of the period of six months beginning with the date of the relevant order or direction under Part 3. (2) In section 20(1)(a)— (a) for “application for admission for treatment” there is to be substituted “order or direction under Part 3 of this Act”; (b) for “day on which the patient was so admitted” there is to be substituted “day on which the community treatment order in respect of the patient was revoked”.

;

• (e) for paragraph 6 substitute—

(6) (1) The modifications of section 20 made by this paragraph apply in relation to a patient where none of paragraphs 5B to 5D applies. (2) In section 20(1)— (a) in paragraph (a)— (i) for “application for admission for treatment” there is to be substituted “order or direction under Part 3 of this Act”; (ii) for “three months” there is to be substituted “six months”; (iii) for “day on which the patient was so admitted” there is to be substituted “date of the relevant order or direction under Part 3 of this Act”; (b) in paragraph (b)— (i) for “a guardianship application” there is to be substituted “an order under Part 3 of this Act”; (ii) for “day on which the guardianship application was accepted” there is to be substituted “date of the relevant order under Part 3 of this Act”. (3) In section 20(2)— (a) in paragraph (a), for “three months” there is to be substituted “six months”; (b) in paragraph (b), for “six months” there is to be substituted “one year”.

• (6) In Part 2 of Schedule 1 (application of certain provisions to patients subject to special restrictions), in paragraph 5, after paragraph (b) insert—

(ba) subsection (2A) is to be omitted;

.

• (7) In Schedule 5 (transitional and saving provisions), in paragraph 9 omit sub-paragraph (2).

Periods for applications and references to tribunal

Periods for tribunal applications

30

• (1) In section 66 of the Mental Health Act 1983 (applications to tribunals), in subsection (2)—

• (a) in paragraph (a), for “14 days” substitute “21 days”;

• (b) in paragraph (b), for “six months” substitute “three months”;

• (c) in paragraph (e), for “six months” substitute “three months”.

• (2) In section 75 of the Mental Health Act 1983 (applications and references concerning conditionally discharged restricted patients)—

• (a) in subsection (1), after “above” insert “(“conditionally discharged”)”;

• (b) in subsection (2)—

• (i) in the words before paragraph (a), for “as aforesaid but” substitute “, is not subject to conditions amounting to a deprivation of liberty and”;

• (ii) in paragraph (a), for the words from “beginning” to “discharged”, substitute

beginning— (i) in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions, and (ii) in any other case, with the date on which the patient was conditionally discharged

;

• (c) after subsection (2) insert—

(2A) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the patient may apply to the appropriate tribunal— (a) in the period between the expiration of six months and the expiration of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and (b) in any subsequent period of two years.

References to tribunal

31

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 17G (effect of revoking community treatment order), in subsection (5), after “section 20” insert “and section 68”.

• (3) In section 19(2A) (as inserted by section 29 of this Act) for “has” substitute “and section 68 have”.

• (4) In section 68 (duty of managers of hospitals to refer cases to tribunal)—

• (a) in subsection (1) omit paragraphs (d) and (e);

• (b) in subsection (2), for “the period of six months beginning with the applicable day” substitute “a relevant period”;

• (c) in subsection (3)—

• (i) in the words before paragraph (a), for “that” substitute “the relevant”;

• (ii) in paragraph (a), after “(e),” insert “(f), (fza), (fa), (faa),”;

• (iii) in paragraph (c), for “(7)” substitute “(6)”;

• (d) in subsection (4), for “period mentioned in subsection (2) above” substitute “relevant period”;

• (e) after subsection (4) insert—

(4A) In this section “relevant period” means— (a) in the case of a patient who is admitted to a hospital in pursuance of an application for admission for assessment, the period of three months beginning with the applicable day; (b) in the case of a patient who is admitted to hospital in pursuance of an application for admission for treatment— (i) the period of three months beginning with the applicable day; (ii) the period between the expiry of three months and the expiry of 12 months beginning with the applicable day; (iii) each subsequent period of 12 months; (c) in the case of a community patient— (i) the period of six months beginning with the applicable day; (ii) the period between the expiry of six months and the expiry of 12 months beginning with the applicable day; (iii) each subsequent period of 12 months.

;

• (f) in subsection (5)—

• (i) in the words before paragraph (a), for “(2) above” substitute “(4A)”;

• (ii) in paragraph (c), for the words from “or a patient” to the end substitute “, the day on which the community treatment order was made”;

• (iii) omit paragraph (d);

• (g) for subsection (6) substitute—

(6) The managers of the hospital must also refer the patient’s case to the appropriate tribunal if— (a) the patient’s case has not been considered by such a tribunal within the last 12 months, whether on the patient’s own application or otherwise, and (b) there is no pending application or reference to the appropriate tribunal in relation to the patient’s case.

;

• (h) omit subsection (7).

• (5) Omit section 68A.

• (6) In section 143 (general provisions as to regulations, orders and rules)—

• (a) in subsection (2)(b), as inserted by section 37 of this Act, omit “or 68A(7)”;

• (b) in subsection (3) omit “, 68A(1)”;

• (c) in subsection (3C) omit “, or an order under section 68A(7) above,”;

• (d) omit subsection (3D).

• (7) In Part 1 of Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), in paragraph 10—

• (a) the existing text becomes sub-paragraph (1);

• (b) in sub-paragraph (1), for paragraph (b) substitute—

(b) subsections (2) to (5) are to apply if— (i) the patient falls within paragraph (b) of subsection (1) as a result of being— (A) a patient who was transferred from guardianship to hospital in pursuance of regulations made under section 19, or (B) a patient in respect of whom a community treatment order was revoked, where the revocation took place after the end of the period of six months beginning with the date of the relevant order or direction under Part 3 of this Act, or (ii) the patient falls within paragraph (c) of subsection (1), but otherwise are not to apply.

;

• (c) after sub-paragraph (1) insert—

(2) In the application of subsections (2) to (5) of section 68 by virtue of sub-paragraph (1)(b), those subsections apply as if the patient had been admitted to hospital in pursuance of an application for admission for treatment on the day on which the patient was transferred or the community treatment order was revoked.

References: restricted patients subject to deprivation of liberty conditions

32

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 71 (references by Secretary of State concerning restricted patients)—

• (a) in subsection (3A), for the words from “include” to the end substitute

make— (a) provision subject to specified exceptions, (b) different provision for different cases or areas, and (c) transitional, consequential, incidental or supplemental provision.

;

• (b) after subsection (4) insert—

(4A) Sections 73 and 74 do not apply to a reference under subsection (1) in respect of a patient who has been conditionally discharged and not recalled to hospital but on any such reference the tribunal may— (a) vary any condition to which the patient is subject in connection with the patient’s discharge or impose any condition which might have been imposed in connection with their discharge, or (b) direct that the restriction order, limitation direction or restriction direction to which the patient is subject ceases to have effect, and if the tribunal gives a direction under paragraph (b) the patient ceases to be liable to be detained by virtue of the relevant hospital order, hospital direction or transfer direction. (4B) Conditions amounting to a deprivation of liberty may be imposed under subsection (4A)(a) only if the tribunal is satisfied— (a) that conditions amounting to a deprivation of the patient’s liberty are necessary for the protection of another person from serious harm while the patient remains discharged from hospital, and (b) that for the patient to remain discharged subject to those conditions would be no less beneficial to their mental health than for them to be recalled to hospital.

• (3) In section 75 (applications and references concerning conditionally discharged restricted patients)—

• (a) after subsection (2A) (as inserted by section 30(2)(c) of this Act) insert—

(2C) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the Secretary of State must refer the patient’s case to the appropriate tribunal on the expiry of— (a) the period of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and (b) each subsequent period of two years. (2D) The Secretary of State is not required to make a reference under subsection (2C) if the patient’s case was considered by the appropriate tribunal during the period in question. (2E) The Secretary of State must refer to the appropriate tribunal the case of any restricted patient who has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital if— (a) the patient’s case has not been considered by the appropriate tribunal within the last four years, and (b) there is no pending application or reference to the appropriate tribunal in relation to the patient’s case. (2F) The Secretary of State may by order vary the length of a period mentioned in subsection (2C) or (2E). (2G) An order under subsection (2F) may make— (a) provision subject to specified exceptions; (b) different provision for different cases or areas; (c) transitional, consequential, incidental or supplemental provision. (2H) Any reference under subsection (2C) or (2E) must be made to the tribunal for the area in which the patient resides. (2I) References in this section to the patient’s case being considered by the appropriate tribunal are to the patient’s case being considered by the appropriate tribunal on the patient’s own application or otherwise.

;

• (b) in subsection (3)—

• (i) after “subsection (2) above” insert “, or any reference under subsection (2C) or (2E)”;

• (ii) after “such application” insert “or reference”;

• (c) after subsection (3) insert—

(4) Conditions amounting to a deprivation of liberty may be imposed under subsection (3)(a) only if the tribunal is satisfied— (a) that conditions amounting to a deprivation of the patient’s liberty are necessary for the protection of another person from serious harm while the patient remains discharged from hospital, and (b) that for the patient to remain discharged subject to those conditions would be no less beneficial to their mental health than for them to be recalled to hospital.

• (4) In section 143 (general provisions as to regulations, orders and rules), in subsection (3), for “or 71(3)” substitute “, 71(3) or 75(2F)”.

• (5) The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.

References: restricted patients not subject to deprivation of liberty conditions

33

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 71 (references by Secretary of State concerning restricted patients), for subsection (2) substitute—

(2) The Secretary of State must refer to the appropriate tribunal the case of any restricted patient detained in a hospital if— (a) the patient’s case has not been considered by the appropriate tribunal within the last 12 months, whether on the patient’s own application or otherwise, and (b) there is no pending application or reference to the appropriate tribunal in relation to the patient’s case.

• (3) In section 75 (applications and references concerning conditionally discharged restricted patients)—

• (a) before subsection (2C) (as inserted by section 32(3)(a) of this Act) insert—

(2B) Where a restricted patient has been conditionally discharged, is not subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the Secretary of State must refer the patient’s case to the appropriate tribunal on the expiry of— (a) the period of two years beginning— (i) in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions, and (ii) in any other case, with the date on which the patient was conditionally discharged, and (b) each subsequent period of four years.

;

• (b) in subsection (2D), after “subsection” insert “(2B) or”;

• (c) in subsection (2E) omit “, is subject to conditions amounting to a deprivation of liberty”;

• (d) in subsection (2F), after “subsection” insert “(2B),”;

• (e) in subsection (2H), after “subsection” insert “(2B),”;

• (f) in subsection (3), after “subsection”, in the second place it occurs, insert “(2B),”.

• (4) The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.

Discharge: process

Discharge: process

34

In section 23 of the Mental Health Act 1983 (discharge of patients), after subsection (2) insert—

(2A) Before making an order for discharge by virtue of subsection (2)(a), the responsible clinician must consult a person— (a) who has been professionally concerned with the patient’s medical treatment, and (b) who belongs to a profession other than that to which the responsible clinician belongs. (2B) Before making an order for discharge by virtue of subsection (2)(b)— (a) the responsible clinician must consult a person— (i) who has been professionally concerned with the patient’s care or treatment, and (ii) who belongs to a profession other than that to which the responsible clinician belongs; (b) the responsible local social services authority must ensure that whoever is taking the decision for the authority consults a person who has been professionally concerned with the patient's care or treatment (whether or not a member of staff of the authority); (c) the patient’s nominated person must consult the responsible local social services authority. (2C) Before making an order for discharge by virtue of subsection (2)(c)— (a) the responsible clinician must, if they are not the community clinician, consult the community clinician; (b) the hospital managers must consult the community clinician.

Patients concerned in criminal proceedings or under sentence

Conditional discharge subject to deprivation of liberty conditions

35

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 42 (powers of Secretary of State in respect of patients subject to restriction orders), after subsection (2) insert—

(2A) Conditions amounting to a deprivation of a patient’s liberty may be imposed under subsection (2) if the Secretary of State is satisfied that those conditions are necessary for the protection of the public from serious harm.

• (3) In section 73 (power of tribunal to discharge patients subject to restriction orders)—

• (a) in subsection (2)—

• (i) omit the “but” at the end of paragraph (a);

• (ii) at the end of paragraph (b), after “apply” insert

; and (c) the tribunal— (i) is not satisfied that conditions amounting to a deprivation of the patient’s liberty would be necessary for the protection of another person from serious harm, if the patient were discharged from hospital; or (ii) is satisfied that conditions amounting to a deprivation of the patient’s liberty would be necessary for the protection of another person from serious harm if the patient were discharged from hospital, and is also satisfied that for the patient to be discharged subject to those conditions would be no less beneficial to their mental health than for them to remain in hospital

;

• (b) after subsection (5) insert—

(5A) Conditions amounting to a deprivation of a patient’s liberty may be imposed by the tribunal under subsection (4)(b) only where the tribunal is satisfied as to the matters mentioned in subsection (2)(c)(ii). (5B) Conditions amounting to a deprivation of a patient’s liberty may be imposed by the Secretary of State under subsection (4)(b) or (5) only where the Secretary of State is satisfied that those conditions are necessary for the protection of the public from serious harm.

• (4) In section 145(1) (interpretation), at the appropriate place insert—

• “deprivation of liberty” and related expressions are to be construed in accordance with section 64(5) and (6) of the Mental Capacity Act 2005;

.

• (5) The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.

Transfers of prisoners and others to hospital: conditions

36

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 47 (removal to hospital of persons serving sentences of imprisonment etc) for subsection (1)(c) substitute—

(c) that appropriate medical treatment can be given for the relevant disorder from which the person is suffering;

.

• (3) In section 48 (removal to hospital of other prisoners)—

• (a) for subsection (1)(c) substitute—

(c) appropriate medical treatment can be given for the relevant disorder from which the person is suffering;

;

• (b) in subsection (2), for paragraph (d) substitute—

(d) persons detained under— (i) the Immigration Act 1971, (ii) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State), (iii) section 36 of the UK Borders Act 2007 (detention of offenders for deportation), or (iv) regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (which are saved by the Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (S.I. 2020/1210)).

Transfers of prisoners and others to hospital: time limits

37

• (1) The Mental Health Act 1983 is amended as follows.

• (2) After section 47 insert—

(47A) (1) As soon as practicable after a relevant referring body makes an initial request for a medical report in relation to a person serving a sentence of imprisonment (“P”), the body must give a referral notice to the persons specified in subsection (3). (2) For the purposes of this section— (a) a request is an “initial request” for a medical report if it is the first request for a report by a registered medical practitioner on whether the conditions in section 47(1) are satisfied in relation to P at a particular time; (b) “referral notice” means a notice— (i) stating that an initial request has been made in relation to P, and (ii) specifying the date on which the initial request was made; (c) “relevant referring body” means— (i) in relation to a person serving a sentence of imprisonment in England, a person who is a “service provider” within the meaning given by section 12ZA(9) of the National Health Service Act 2006 or provides “NHS medical services” within the meaning given by section 14Z31(5) of that Act; (ii) in relation to a person serving a sentence of imprisonment in Wales, a Local Health Board. (3) The persons to whom the referral notice must be given (“the notified authorities”) are— (a) the Secretary of State; (b) the relevant detention authority (see section 48B); (c) as many of the following (other than the relevant referring body) as the relevant referring body considers likely to have functions in relation to P in the event that the Secretary of State gives a direction under section 47— (i) NHS England; (ii) integrated care boards; (iii) National Health Service trusts established under section 18 of the National Health Service (Wales) Act 2006; (iv) Local Health Boards; (v) service providers within the meaning given by section 12ZA(9) of the National Health Service Act 2006. (4) When exercising functions in relation to P, the relevant referring body and the notified authorities must seek to ensure that, absent exceptional circumstances, the following all happen within the period of 28 days beginning with the date of the initial request— (a) a decision is taken as to whether to make a direction under section 47 in respect of P, (b) if a decision is taken to make such a direction, the direction is made, and (c) where the direction is made, P is removed to and detained in a hospital in pursuance of the direction. (5) For the purposes of subsection (4) the following are not (together or separately) “exceptional circumstances”— (a) a shortage of hospital accommodation; (b) a shortage of hospital staff; unless occurring as a result of other exceptional circumstances.

• (3) After section 48 insert—

(48A) (1) As soon as practicable after a relevant referring body makes an initial request for a medical report in relation to a person (“P”) to whom section 48 applies, the body must give a referral notice to the persons specified in subsection (3). (2) For the purposes of this section— (a) a request is an “initial request” for a medical report if it is the first request for a report by a registered medical practitioner on whether the conditions in section 48(1) are satisfied in relation to P at a particular time; (b) “referral notice” means a notice— (i) stating that an initial request has been made in relation to P, and (ii) specifying the date on which the initial request was made; (c) “relevant referring body” means— (i) in relation to a person to whom section 48 applies and who is detained or remanded at a place in England, a person who is a “service provider” within the meaning given by section 12ZA(9) of the National Health Service Act 2006 or provides “NHS medical services” within the meaning given by section 14Z31(5) of that Act; (ii) in relation to a person to whom section 48 applies and who is detained or remanded at a place in Wales, a Local Health Board. (3) The persons to whom the referral notice must be given (“the notified authorities”) are— (a) the Secretary of State; (b) the relevant detention authority (see section 48B); (c) as many of the following (other than the relevant referring body) as the relevant referring body considers likely to have functions in relation to P in the event that the Secretary of State gives a direction under section 48— (i) NHS England; (ii) integrated care boards; (iii) National Health Service trusts established under section 18 of the National Health Service (Wales) Act 2006; (iv) Local Health Boards; (v) service providers within the meaning given by section 12ZA(9) of the National Health Service Act 2006. (4) When exercising functions in relation to P, the relevant referring body and the notified authorities must seek to ensure that, absent exceptional circumstances, the following all happen within the period of 28 days beginning with the date of the initial request— (a) a decision is taken as to whether to make a direction under section 48 in respect of P, (b) if a decision is taken to make such a direction, the direction is made, and (c) where the direction is made, P is removed to and detained in a hospital in pursuance of the direction. (5) For the purposes of subsection (4) the following are not (together or separately) “exceptional circumstances”— (a) a shortage of hospital accommodation; (b) a shortage of hospital staff; unless occurring as a result of other exceptional circumstances.

• (4) After section 48A (as inserted by subsection (3)) insert—

(48B) (1) For the purposes of sections 47A and 48A, “the relevant detention authority”, in relation to a referral notice (within the meaning of the section in question), has the meaning given by the table.

Where, on the day the referral notice is sent, P is detained or remanded in	The relevant detention authority is
a prison	the governor or director of the prison
a young offender institution	the governor or director of the institution
a secure training centre	the governor or director of the centre
a secure children’s home	the registered manager of the home
a removal centre	the manager of the centre
a short-term holding facility	the manager of the facility
pre-departure accommodation	the manager of the accommodation

(2) In this section— - “pre-departure accommodation” has the meaning given by section 147 of the Immigration and Asylum Act 1999; - “registered manager”, in relation to a secure children’s home, means a person who is registered under Part 2 of the Care Standards Act 2000 as the manager of the home; - “removal centre” has the meaning given by section 147 of the Immigration and Asylum Act 1999; - “secure children’s home” has the meaning given by section 102(11) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; - “secure training centre” has the meaning given by section 43(1)(d) of the Prison Act 1952; - “short-term holding facility” has the meaning given by section 147 of the Immigration and Asylum Act 1999; - “young offender institution” has the meaning given by section 43(1)(aa) of the Prison Act 1952. (3) The Secretary of State may by regulations— (a) amend this section or section 47A or 48A so as to change the persons— (i) who are subject to the duty to give a referral notice under section 47A(1) or 48A(1), or (ii) to whom a referral notice must be given under subsection 47A(3) or 48A(3); (b) amend the period in 47A(4) or 48A(4).

• (5) In section 143 (general provisions as to regulations, orders and rules)—

• (a) for subsection (2) substitute—

(2) The following are subject to annulment in pursuance of a resolution of either House of Parliament— (a) any Order in Council under this Act; (b) any order made by the Secretary of State under section 54A or 68A(7); (c) any statutory instrument containing regulations made by the Secretary of State under this Act, other than regulations made under section 48B(3); (d) any statutory instrument containing rules made under this Act.

;

• (b) after subsection (3) insert—

(3ZA) A statutory instrument containing regulations under section 48B(3) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Transfer directions for persons detained in youth detention accommodation

38

• (1) In section 48 of the Mental Health Act 1983 (removal to hospital of other prisoners), in subsection (2)(a), for “remand centre” substitute “remanded to youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.

• (2) In Schedule 8 to the Criminal Justice and Court Services Act 2000 (repeals), in the table, omit the entry relating to section 48(2)(a) of the Mental Health Act 1983.

Minor amendment

39

In Part 1 of Schedule 1 to the Mental Health Act 1983 (application of certain provisions to patients subject to hospital and guardianship orders who are not subject to special restrictions), in paragraph 9(b), for the words from “and (g)” to ““, (g)”,” substitute “, (d) and (g)”.

Help and information for patients

Independent mental health advocates

40

Schedule 3 contains amendments relating to independent mental health advocates, including amendments which—

• (a) provide for informal patients to qualify for help from independent mental health advocates;

• (b) impose duties on hospital managers and others to notify providers of advocacy services about qualifying patients;

• (c) impose duties on providers of advocacy services to arrange for certain patients to be interviewed to find out whether they want to use those services.

Information about complaints for detained patients

41

In section 132 of the Mental Health Act 1983 (duty of managers of hospitals to give information to detained patients)—

• (a) in subsection (2) omit the words from “and those steps” to the end;

• (b) after subsection (2) insert—

(2A) The managers of a hospital or registered establishment in which a patient is detained under this Act must also take such steps as are practicable to ensure that the patient understands how to exercise any right the patient has to make complaints about— (a) the carrying out of functions under this Act; (b) any medical treatment for mental disorder received during the patient’s detention; (c) the outcome of any complaint referred to in paragraph (b). (2B) Where a patient is detained under any provision of this Act, the steps under subsections (2) and (2A) must be taken — (a) as soon as practicable after the commencement of the patient’s detention under the provision in question, and (b) again— (i) if the patient is a restricted patient within the meaning given by subsection (1) of section 79, or is treated as mentioned in paragraph (a) or (c) of that subsection, as soon as practicable after the end of each successive period of twelve months beginning with the day on which the patient became a restricted patient or was first so treated (as the case may be); (ii) otherwise, as soon as practicable after any report is furnished under section 20 in respect of the patient.

;

• (c) in subsection (3), for “and (2)” substitute “, (2) and (2A)”;

• (d) in subsection (4), for “and (2)” substitute “, (2) and (2A)”.

Information about complaints for community patients

42

In section 132A of the Mental Health Act 1983 (duty of managers of hospitals to give information to community patients), in subsection (1)—

• (a) omit the “and” at the end of paragraph (a);

• (b) after paragraph (b) insert—

(c) how to exercise any right the patient has to make complaints about— (i) the carrying out of functions under this Act; (ii) any medical treatment for mental disorder received while the patient is a community patient; (iii) the outcome of any complaint referred to in sub-paragraph (ii);

;

• (c) at the end insert “and again as soon as practicable after any report is furnished under section 20A in respect of the patient”.

Information for conditionally discharged patients

43

After section 132A of the Mental Health Act 1983 insert—

(132B) (1) Where a patient is discharged from a hospital or registered establishment under section 42(2), 73 or 74 and the discharge is a conditional discharge, the managers of the hospital or registered establishment must take such steps as are practicable to ensure that the patient understands— (a) under which provision the patient is conditionally discharged and the effect of that provision; (b) the effect of the provisions of this Act applying to patients who are conditionally discharged under that provision; (c) what rights of applying to a tribunal are available to the patient while the patient is conditionally discharged; (d) how to exercise any right the patient has to make complaints about— (i) the carrying out of functions under this Act; (ii) any medical treatment for mental disorder received while the patient is conditionally discharged; (iii) the outcome of any complaint referred to in sub-paragraph (ii). (2) Those steps must be taken as soon as practicable. (3) The steps to be taken under subsection (1) must include giving the requisite information both orally and in writing. (4) The managers of the hospital or registered establishment must, except where the patient otherwise requests, take such steps as are practicable to furnish the patient’s nominated person with a copy of any information given to the patient in writing under subsection (1). (5) Those steps must be taken when the information is given to the patient or within a reasonable time thereafter.

Advance choice documents

44

• (1) The Mental Health Act 1983 is amended as follows.

• (2) After section 130L insert—

(130M) (1) NHS England and each integrated care board must make such arrangements as it considers appropriate for— (a) making information about advance choice documents available to people for whom it is responsible for the purposes of this section, (b) helping such of those people as it considers appropriate to create advance choice documents, and (c) bringing the availability of that information and help to the attention of such people as it considers appropriate. (2) The arrangements that must be made under subsection (1) include such arrangements as NHS England or the integrated care board considers appropriate for people to be given information or help by having a conversation with someone who is suitably qualified, whether in-person or remotely. (3) In deciding how to discharge the duty under subsection (1), NHS England or an integrated care board must have regard to the particular benefits to a person of making an advance choice document within 12 months of their discharge from a hospital or a registered establishment where they were receiving medical treatment for, or assessment in relation to, mental disorder. (4) For the purposes of this section— (a) NHS England is “responsible” for any people for whom it is required to arrange the provision of services or facilities by virtue of section 3B(1)(c) of the National Health Service Act 2006 (prisoners etc); (b) an integrated care board is “responsible” for anyone not within paragraph (a) who falls within the group of people for whom the board has core responsibility (as to which, see section 14Z31 of the National Health Service Act 2006). (5) An “advance choice document” is a written statement made by a qualifying person specifying their decisions, wishes or feelings about any relevant matter that may arise in the event that— (a) at some future time— (i) consideration is given to the person’s admission to hospital or a registered establishment as an in-patient either for medical treatment for mental disorder or for assessment in relation to mental disorder, or (ii) the person is detained under this Act, or given medical treatment for mental disorder as an in-patient in hospital, and (b) at that time, the person lacks capacity or competence in relation to that matter. (6) For the purposes of subsection (5)— (a) “qualifying person” means a person who has capacity or competence to make the statement, (b) “relevant matter”, in relation to a qualifying person, means a matter relating to, or arising as a consequence of— (i) consideration of an application for the person’s admission for assessment or treatment, or (ii) the person’s detention under this Act, or their medical treatment for a mental disorder as an in-patient in hospital, and (c) a reference to lacking capacity is to lacking capacity within the meaning of the Mental Capacity Act 2005; and a reference to having capacity is to be read accordingly. (130N) (1) Each Local Health Board must make such arrangements in relation to its area as it considers appropriate for— (a) making available information about advance choice documents, (b) helping such of those people as it considers appropriate to create advance choice documents, and (c) bringing the availability of that information and help to the attention of such people as it considers appropriate. (2) The arrangements that must be made under subsection (1) include such arrangements as the Local Health Board considers appropriate for people to be given information or help by having a conversation with someone who is suitably qualified, whether in-person or remotely. (3) In deciding how to discharge the duty under subsection (1), a Local Health Board must have regard to the particular benefits to a person of making an advance choice document within 12 months of their discharge from a hospital or a registered establishment where they were receiving medical treatment for, or assessment in relation to, mental disorder. (4) In this section “advance choice document” has the meaning given by section 130M(5).

• (3) In section 118 (code of practice), in subsection (1), after paragraph (e) (as inserted by section 18 of this Act) insert—

(f) for the guidance of NHS England, integrated care boards and Local Health Boards in relation to their functions under section 130M or 130N.”

After-care

Tribunal power to recommend after-care

45

• (1) Section 72 of the Mental Health Act 1983 (powers of tribunals) is amended as follows.

• (2) In subsection (3)(a), for the words from “he” to “guardianship” substitute—

(i) the patient be granted leave of absence; (ii) the patient be transferred to another hospital or into guardianship; or (iii) the responsible after-care bodies make plans for the provision of after-care services for the patient;

.

• (3) After subsection (7) insert—

(8) In this section— - “after-care services” means after-care services provided or arranged under section 117; - “the responsible after-care bodies”, in relation to a patient, means the bodies that will have the duty under section 117 to provide after-care services for the patient.

After-care services

46

• (1) Section 117 of the Mental Health Act 1983 (after-care) is amended as follows.

• (2) In subsection (2), after “authority”, in the second place it occurs, insert “jointly give notice in writing to the person stating that they”.

• (3) After subsection (3) insert—

(3A) In applying subsection (3) for the purpose of determining the local social services authority in relation to a person— (a) section 105(6) of the Children Act 1989— (i) applies for the purpose of determining the person’s ordinary residence at any time when they were aged under 18, and (ii) in its application for that purpose, is to be read as if there were inserted, after paragraph (c)— (d) while the child is being provided with accommodation under section 117 of the Mental Health Act 1983; or (e) while the child is being provided with accommodation under any of the following— - the National Health Service Act 2006; - the National Health Service (Wales) Act 2006; - the National Health Service (Scotland) Act 1978; - the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)); - the Health and Social Care (Reform) Act (Northern Ireland) 2009; or (f) which is referred to in section 194(6) of the Social Services and Well-being (Wales) Act 2014 (anaw‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌ 4). (b) the following provisions apply for the purpose of determining the person’s ordinary residence at any time when they were aged 18 or over— (i) section 39(1) to (6) of, and paragraphs 1(1), 2(1) and (2) and 8 of Schedule 1 to, the Care Act 2014; (ii) section 194(1) to (3) of the Social Services and Well-being (Wales) Act 2014 (anaw‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌‌ 4).

Miscellaneous

Tribunal powers in guardianship cases: burden of proof

47

In section 72(4) of the Mental Health Act 1983 (powers of tribunals in relation to guardianship cases)—

• (a) in the opening words, after “it is” insert “not”;

• (b) in paragraph (a) omit “not”;

• (c) in paragraph (b) omit “not”.

Removal of police stations and prisons as places of safety

48

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 55 (interpretation of Part 3), in subsection (1), for the definition of “place of safety” substitute—

• “place of safety”— in relation to a person who is not a child or young person, means any hospital the managers of which are willing temporarily to receive that person; in relation to a child or young person, has the same meaning as in the Children and Young Persons Act 1933 except that it does not include a police station;

.

• (3) The amendment made by subsection (2) does not apply in relation to any directions given under sections 35(4), 36(3), 37(4), 38(4) or 45A(5) before the coming into force of that subsection.

• (4) In section 135 (warrant to search for and remove patients)—

• (a) in subsection (6) omit “a police station,”;

• (b) in subsection (7), before paragraph (a) insert—

(za) a police station may not be regarded as a suitable place;

;

• (c) omit subsection (8).

• (5) In section 136 (removal etc of mentally disordered persons without a warrant) omit subsection (5).

• (6) Omit section 136A (use of police stations as places of safety).

• (7) In section 136B (extension of detention) omit subsection (3).

Remand for a person’s own protection etc

49

• (1) Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions) is amended as follows.

• (2) In Part 1 of that Schedule (defendants accused or convicted of imprisonable offences), for paragraph 3 substitute—

(3) (1) The defendant need not be granted bail if— (a) the defendant has attained the age of 18, and (b) the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection. (2) The defendant need not be granted bail if— (a) the defendant is a child or young person, and (b) the court is satisfied that the defendant should be kept in custody for their own welfare.

• (3) In Part 1A of that Schedule (defendants accused or convicted of imprisonable offences to which Part 1 does not apply), for paragraph 5 substitute—

(5) (1) The defendant need not be granted bail if— (a) the defendant has attained the age of 18, and (b) the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection. (2) The defendant need not be granted bail if— (a) the defendant is a child or young person, and (b) the court is satisfied that the defendant should be kept in custody for their own welfare.

• (4) In Part 2 of that Schedule (defendants accused or convicted of non-imprisonable offences), for paragraph 3 substitute—

(3) (1) The defendant need not be granted bail if— (a) the defendant has attained the age of 18, and (b) the court is satisfied, otherwise than by reason only of concerns about the defendant’s mental health, that the defendant should be kept in custody for their own protection. (2) The defendant need not be granted bail if— (a) the defendant is a child or young person, and (b) the court is satisfied that the defendant should be kept in custody for their own welfare.

• (5) The amendments made by this section apply in relation to any person who is before a court after the coming into force of this section.

Removal of interim remand patients to and from Channel Islands or Isle of Man

50

• (1) The Mental Health Act 1983 is amended as follows.

• (2) In section 83 (removal of patients to Channel Islands or Isle of Man) omit “(otherwise than by virtue of section 35, 36 or 38 above)”.

• (3) In section 85 (patients removed from Channel Islands or Isle of Man)—

• (a) in subsection (1) omit “(other than section 35, 36 or 38 above)”;

• (b) in subsection (2), after “shall” insert “(subject to subsection (2A))”;

• (c) after subsection (2) insert—

(2A) In relation to a patient treated by virtue of subsection (2) as liable to be detained under section 35, 36 or 38, this Act is to be read with the modifications set out in Schedule A2.

• (4) In section 91 (general provisions as to patients removed from England and Wales), in subsection (1) omit “(other than section 35, 36 or 38 above)”.

• (5) After Schedule A1 (as inserted by Schedule 2 to this Act) insert—

Schedule A2 (1) (1) In relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1) (remand to hospital for report on accused’s mental condition), section 35 applies with the modifications set out in this paragraph. (2) Subsection (2) is to be omitted. (3) References to an “accused person” are to be read as references to the patient referred to in sub-paragraph (1). (4) References to “the court” are to be read as references to whichever of— (i) the Crown Court, and (ii) a magistrates’ court, has functions most closely corresponding to those of the court under whose order or direction the patient was liable to be detained immediately before the patient’s removal to England and Wales. (5) In subsection (5) for the words from the beginning to “him” there is to be substituted “The court may further remand an accused person”. (6) After subsection (5) there is to be inserted— (5A) The court may also further remand an accused person if it has been notified by the Secretary of State that— (a) the person is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and (b) the Secretary of State is considering exercising the power in section 83 in relation to the accused person. (7) For subsection (7) there is to be substituted— (7) A remand under this section has effect for 28 days. (7A) Further periods of remand by the court may not be for more than 28 days at a time and an accused person may not be remanded for more than 12 weeks in all. (7B) Where the court further remands an accused person it must notify the Secretary of State of the period for which the person is further remanded. (7C) The court may at any time recommend to the Secretary of State that the accused person be returned to the island from which the person was removed. (8) In subsection (8), for “his remand to be terminated under subsection (7)” there is to be substituted “a recommendation to be made under subsection (7C)”. (9) In subsection (10), the words from “that remanded him” to the end are to be omitted. (2) (1) Section 36 (remand of accused person to hospital for treatment) applies— (a) in relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1) (remand to hospital for report on accused’s mental condition), with the modifications set out in sub-paragraphs (2) to (8); (b) in relation to a patient who— (i) was treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 35(1), and (ii) is subsequently remanded under section 36(1) as it applies by virtue of paragraph (a), with the modifications set out in sub-paragraphs (3) to (8); (c) in relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 36(1), with the modifications set out in sub-paragraphs (3) to (8). (2) In subsection (1), in the words before paragaph (a), for “, instead of remanding an accused person in custody, remand him” there is to be substituted “remand an accused person”. (3) Subsection (2) is to be omitted. (4) References to an “accused person” are to be read as references to the patient referred to in sub-paragraph (1)(a), (b) or (c). (5) In subsection (4), for “warranted” there is to be substituted warranted— (a) because the court has been notified by the Secretary of State that— (i) the person is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and (ii) the Secretary of State is considering exercising the power in section 83 in relation to the accused person, or (b) for other reasons (6) For subsection (6) there is to be substituted— (6) A remand under this section has effect for 28 days. (6A) Further periods of remand by the court may not be for more than 28 days at a time and an accused person may not be remanded for more than 12 weeks in all. (6B) Where the court further remands an accused person it must notify the Secretary of State of the period for which the person is further remanded. (6C) The court may at any time recommend to the Secretary of State that the accused person be returned to the island from which the person was removed. (7) In subsection (7) for “his remand to be terminated under subsection (6)” there is to be substituted “a recommendation to be made under subsection (6C)”; (8) Subsection (8) is to be read as applying subsection (10) of section 35 as modified by paragraph 1(9) of this Schedule. (3) (1) In relation to a patient who is treated by virtue of section 85(2) as admitted to hospital in pursuance of an order made under section 38(1) (interim hospital orders), section 38 applies with the modifications set out in this paragraph. (2) Subsection (2) is to be omitted. (3) References to “the court” are to be read as references to whichever of— (i) the Crown Court, and (ii) a magistrates’ court, has functions most closely corresponding to those of the court under whose order or direction the patient was liable to be detained immediately before the patient’s removal to England and Wales. (4) In subsection (5)— (a) in paragraph (b), for “warranted” there is to be substituted warranted— (i) because the court has been notified by the Secretary of State that— (A) the offender is the subject of criminal proceedings in any of the Channel Islands or the Isle of Man, and (B) the Secretary of State is considering exercising the power in section 83 in relation to the offender, or (ii) for other reasons (b) in the words after paragraph (b), the words from “and” to the end are to be omitted. (5) After subsection (5) there is to be inserted— (5A) Where the court renews the interim hospital order it must notify the Secretary of State of the period for which it is renewed. (5B) The court may at any time recommend to the Secretary of State that the offender be returned to the island from which the offender was removed. (6) In subsection (7), the words from “that made the order” to the end are to be omitted. (4) In relation to a patient referred to in paragraph 1(1), 2(1) or 3(1), in section 83 (removal of patients to Channel Islands or Isle of Man), for “in the interests of the patient” there is to be substituted “appropriate”.

Human Rights Act 1998: extension to certain private care providers

51

In the Mental Health Act 1983, after section 142B insert—

(142C) (1) A registered care provider is to be regarded for the purposes of section 6(3)(b) of the Human Rights Act 1998 as exercising a function of a public nature in providing any of the services mentioned in subsection (2) (to the extent that it would not otherwise be so regarded). (2) The services are— (a) after-care services provided in pursuance of arrangements made under section 117; (b) services provided in pursuance of arrangements made by a local authority in Scotland discharging its duty under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003; (c) the provision of medical treatment for mental disorder or assessment in relation to mental disorder, for an in-patient at a hospital, but only where that treatment or assessment is arranged or paid for by an NHS body. (3) In this section— - “hospital” means any institution for the reception and treatment of people— suffering from mental disorder or other illness, convalescing, or requiring medical rehabilitation; - “illness” includes any injury or disability requiring medical treatment or nursing; - “NHS body”— in relation to England, has the meaning given by section 275(1) of the National Health Service Act 2006; in relation to Wales, has the meaning given by section 206(1) of the National Health Service (Wales) Act 2006; in relation to Scotland, a health board constituted by order made under section 2 of the National Health Service (Scotland) Act 1978; in relation to Northern Ireland means— the Department of Health, or a Health and Social Care Trust; - “registered care provider” means-- a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008, a person registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, a person providing— a care service which is registered under section 59 of the Public Services Reform (Scotland) Act 2010, or an independent health care service registered under section 10P of the National Health Service (Scotland) Act 1978, or a person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.

Review of duty to notify incidents

52

• (1) The Secretary of State must carry out a review into—

• (a) whether regulation 18 of the Care Quality Commission (Registration) Regulations 2009 (S.I.2009/3112) (duty to notify incidents) ought to be extended to require a notification to be given in any other cases in which a person under the age of 18 is admitted to a hospital or registered establishment for medical treatment for, or assessment in relation to, mental disorder, and

• (b) whether the time period mentioned in regulation 18(2)(h) of those Regulations remains appropriate.

• (2) The Secretary of State must prepare and publish a report setting out the conclusions of the review.

• (3) The Secretary of State must lay a copy of the report before Parliament.

• (4) The report must be laid and published before the end of the period of 2 years beginning with the day on which this Act is passed.

• (5) In this section the following expressions have the meaning given by section 145 of the Mental Health Act 1983—

• “hospital”;

• “medical treatment”;

• “mental disorder”;

• “registered establishment”.

General

Power of Secretary of State to make consequential provision

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• (1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act.

• (2) Regulations under this section may amend, repeal or revoke provision made by or under primary legislation passed—

• (a) before this Act, or

• (b) later in the same session of Parliament as this Act.

• (3) In this section “primary legislation” means—

• (a) an Act, or