(1) There shall continue to be the following panels of Lord Chancellor’s Visitors of patients constituted in accordance with this section, namely—
(a) a panel of Medical Visitors;
(b) a panel of Legal Visitors; and
(c) a panel of General Visitors (being Visitors who are not required by this section to possess either a medical or legal qualification for appointment).
(2) Each panel shall consist of persons appointed to it by the Lord Chancellor, the appointment of each person being for such term and subject to such conditions as the Lord Chancellor may determine.
(3) A person shall not be qualified to be appointed—
(a) to the panel of Medical Visitors unless he is a registered medical practitioner who appears to the Lord Chancellor to have special knowledge and experience of cases of mental disorder;
(b) to the panel of Legal Visitors unless he has a 10 year general qualification, within the meaning of section 71 of the Courts and Legal Services Act 1990.
(4) If the Lord Chancellor so determines in the case of any Visitor appointed under this section, he shall be paid out of money provided by Parliament such remuneration and allowances as the Lord Chancellor may, with the concurrence of the Treasury, determine.
(1) Patients shall be visited by Lord Chancellor’s Visitors in such circumstances, and in such manner, as may be prescribed by directions of a standing nature given by the Master of the Court of Protection with the concurrence of the Lord Chancellor.
(2) Where it appears to the judge in the case of any patient that a visit by a Lord Chancellor’s Visitor is necessary for the purpose of investigating any particular matter or matters relating to the capacity of the patient to manage and administer his property and affairs, or otherwise relating to the exercise in relation to him of the functions of the judge under this Part of this Act, the judge may order that the patient shall be visited for that purpose.
(3) Every visit falling to be made under subsection (1) or (2) above shall be made by a General Visitor unless, in a case where it appears to the judge that it is in the circumstances essential for the visit to be made by a Visitor with medical or legal qualifications, the judge directs that the visit shall be made by a Medical or a Legal Visitor.
(4) A Visitor making a visit under this section shall make such report on the visit as the judge may direct.
(5) A Visitor making a visit under this section may interview the patient in private.
(6) A Medical Visitor making a visit under this section may carry out in private a medical examination of the patient and may require the production of and inspect any medical records relating to the patient.
(7) The Master of the Court of Protection may visit any patient for the purpose mentioned in subsection (2) above and may interview the patient in private.
(8) A report made by a Visitor under this section, and information contained in such a report, shall not be disclosed except to the judge and any person authorised by the judge to receive the disclosure.
(9) If any person discloses any report or information in contravention of subsection (8) above, he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 3 on the standard scale or both.
(10) In this section references to patients include references to persons alleged to be incapable, by reason of mental disorder, of managing and administering their property and affairs.
104 General powers of the judge with respect to proceedings.
(1) For the purposes of any proceedings before him with respect to persons suffering or alleged to be suffering from mental disorder, the judge shall have the same powers as are vested in the High Court in respect of securing the attendance of witnesses and the production of documents.
(2) Subject to the provisions of this section, any act or omission in the course of such proceedings which, if occurring in the course of proceedings in the High Court would have been a contempt of the Court, shall be punishable by the judge in any manner in which it could have been punished by the High Court.
(3) Subsection (2) above shall not authorise the Master, or any other officer of the Court of Protection to exercise any power of attachment or committal, but the Master or officer may certify any such act or omission to . . . a nominated judge, and . . . judge may upon such certification inquire into the alleged act or omission and take any such action in relation to it as he could have taken if the proceedings had been before him.
(4) Subsections (1) to (4) of section 36 of the Supreme Court Act 1981 (which provides a special procedure for the issue of writs of subpoena ad testificandum and duces tecum so as to be enforceable throughout the United Kingdom) shall apply in relation to proceedings under this Part of this Act with the substitution for references to the High Court of references to the judge and for references to such writs of references to such document as may be prescribed by rules under this Part of this Act for issue by the judge for securing the attendance of witnesses or the production of documents.
(1) Subject to and in accordance with rules under this Part of this Act, an appeal shall lie to a nominated judge from any decision of the Master of the Court of Protection or any nominated officer.
(2) The Court of Appeal shall continue to have the same jurisdiction as to appeals from any decision of the Lord Chancellor or from any decision of a nominated judge, whether given in the exercise of his original jurisdiction or on the hearing of an appeal under subsection (1) above, as they had immediately before the coming into operation of Part VIII of the Mental Health Act 1959 as to appeals . . . any other person having jurisdiction in lunacy.
(1) Proceedings before the judge with respect to persons suffering or alleged to be suffering from mental disorder (in this section referred to as “proceedings”) shall be conducted in accordance with the provisions of rules made under this Part of this Act.
(2) Rules under this Part of this Act may make provision as to—
(a) the carrying out of preliminary or incidental inquiries;
(b) the persons by whom and manner in which proceedings may be instituted and carried on;
(c) the persons who are to be entitled to be notified of, to attend, or to take part in proceedings;
(d) the evidence which may be authorised or required to be given in proceedings and the manner (whether on oath or otherwise and whether orally or in writing) in which it is to be given;
(e) the administration of oaths and taking of affidavits for the purposes of proceedings; and
(f) the enforcement of orders made and directions given in proceedings.
(3) Without prejudice to the provisions of section 104(1) above, rules under this Part of this Act may make provision for authorising or requiring the attendance and examination of persons suffering or alleged to be suffering from mental disorder, the furnishing of information and the production of documents.
(4) Rules under this Part of this Act may make provision as to the termination of proceedings, whether on the death or recovery of the person to whom the proceedings relate or otherwise, and for the exercise, pending the termination of the proceedings, of powers exercisable under this Part of this Act in relation to the property or affairs of a patient.
(5) Rules under this Part of this Act made with the consent of the Treasury may—
(a) make provision as to the scale of costs, fees and percentages payable in relation to proceedings, and as to the manner in which and funds out of which such costs, fees and percentages are to be paid;
(b) contain provision for charging any percentage upon the estate of the person to whom the proceedings relate and for the payment of costs, fees and percentages within such time after the death of the person to whom the proceedings relate or the termination of the proceedings as may be provided by the rules; and
(c) provide for the remission of fees and percentages.
(6) A charge upon the estate of a person created by virtue of subsection (5) above shall not cause any interest of that person in any property to fail or determine or to be prevented from recommencing.
(7) Rules under this Part of this Act may authorise the making of orders for the payment of costs to or by persons attending, as well as persons taking part in, proceedings.
(1) Rules under this Part of this Act may make provision as to the giving of security by a receiver and as to the enforcement and discharge of the security.
(2) It shall be the duty of a receiver to render accounts in accordance with the requirements of rules under this Part of this Act, as well after his discharge as during his receivership; and rules under this Part of this Act may make provision for the rendering of accounts by persons other than receivers who are ordered, directed or authorised under this Part of this Act to carry out any transaction.
108 General provisions as to rules under Part VII.
(1) Rules under section 106(5) are to be made by the Lord Chancellor after consulting the Lord Chief Justice.
(1A) Rules under any other provision of this Part of this Act are to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.
(2) Rules under this Part of this Act may contain such incidental and supplemental provisions as appear requisite for the purposes of the rules.
(3) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.
(1) Section 204 of the Law of Property Act 1925 (by which orders of the High Court are made conclusive in favour of purchasers) shall apply in relation to orders made and directions and authorities given by the judge as it applies in relation to orders of the High Court.
(2) Office copies of orders made, directions or authorities given or other instruments issued by the judge and sealed with the official seal of the Court of Protection shall be admissible in all legal proceedings as evidence of the originals without any further proof.
110 Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
(1) This Part of this Act shall apply in relation to the property and affairs in Scotland or Northern Ireland of a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above as it applies in relation to his property and affairs in England and Wales unless—
(a) in Scotland, a. . . judicial factor has been appointed for him; or
(b) in Northern Ireland, he is a patient in relation to whom powers have been exercised under Part VIII of the Mental Health (Northern Ireland) Order 1986, or a person as to whom powers are exercisable and have been exercised under Article 97(2) of that Order.
(2) Where under the law in force in Scotland . . . with respect to the property and affairs of persons suffering from mental disorder a. . . judicial factor has been appointed for any person, the provisions of that law shall apply in relation to that person’s property and affairs in England and Wales unless he is a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above.
(2A) Part VIII of the Mental Health (Northern Ireland) Order 1986 shall apply in relation to the property and affairs in England and Wales of a patient in relation to whom powers have been exercised under that Part, or a person as to whom powers are exercisible and have been exercised under Article 97(2) of that Order as it applies in relation to his property and affairs in Northern Ireland unless he is a patient in relation to whom powers have been exercised under this Part of this Act, or a person as to whom powers are exercisable and have been exercised under section 98 above.
(3) Nothing in this section shall affect any power to execute a will under section 96(1)(e) above or Article 99(1)(e) of the Mental Health (Northern Ireland) Order 1986 or the effect of any will executed in the exercise of such a power.
(4) In this section references to property do not include references to land or interests in land but this subsection shall not prevent the receipt of rent or other income arising from land or interests in land.
111 Construction of references in other Acts to judge or authority having jurisdiction under Part VII.
(1) The functions expressed to be conferred by any enactment not contained in this Part of this Act on the judge having jurisdiction under this Part of this Act shall be exercisable . . . by a nominated judge.
(2) Subject to subsection (3) and (3A) below, the functions expressed to be conferred by any such enactment on the authority having jurisdiction under this Part of this Act shall, subject to any express provision to the contrary, be exercisable by . . . a nominated judge, the Master of the Court of Protection or a nominated officer.
(2A) The exercise of the functions referred to in subsection (2) above by the Public Trustee shall be subject to any directions of the Master and they shall be excercisable so far only as may be provided by any rules made under this Part of this Act or (subject to any such rules) by directions of the Master.
(3) The exercise of the functions referred to in subsection (2) above by a nominated officer shall be subject to any directions of the Master and they shall be exercisable so far only as may be provided by the instrument by which the officer is nominated.
(3A) In such cases or circumstances as may be prescribed by any rules under this Part of this Act or (subject to any such rules) by directions of the Master, the functions referred to in subsection (2) above shall be exercised by the Public Trustee (but subject to any directions of the Master as to their exercise).
(4) Subject to the foregoing provisions of this section—
(a) references in any enactment not contained in this Part of this Act to the judge having jurisdiction under this Part of this Act shall be construed as references to . . . a nominated judge, and
(b) references in any such enactment to the authority having jurisdiction under this Part of this Act shall be construed as references to . . . a nominated judge, the Master of the Court of Protection or a nominated officer.
In this Part of this Act, unless the context otherwise requires—
“nominated judge” means a judge nominated in pursuance of subsection (1) of section 93 above;
“nominated officer” means an officer nominated in pursuance of subsection (4) of that section;
“patient” has the meaning assigned to it by section 94 above;
“property” includes any thing in action, and any interest in real or personal property;
“the judge” shall be construed in accordance with section 94 above;
“will” includes a codicil.
113 Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.
The provisions of the Acts described in Schedule 3 to this Act which are specified in the third column of that Schedule, so far as they make special provision for persons suffering from mental disorder, shall not have effect in relation to patients and to persons as to whom powers are exercisable and have been exercised under section 98 above.
(1) A local social services authority may approve a person to act as an approved mental health professional for the purposes of this Act.
(2) But a local social services authority may not approve a registered medical practitioner to act as an approved mental health professional.
(3) Before approving a person under subsection (1) above, a local social services authority shall be satisfied that he has appropriate competence in dealing with persons who are suffering from mental disorder.
(4) The appropriate national authority may by regulations make provision in connection with the giving of approvals under subsection (1) above.
(5) The provision which may be made by regulations under subsection (4) above includes, in particular, provision as to—
(a) the period for which approvals under subsection (1) above have effect;
(b) the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect;
(c) the conditions subject to which such approvals are to be given; and
(d) the factors to be taken into account in determining whether persons have appropriate competence as mentioned in subsection (3) above.
(6) Provision made by virtue of subsection (5)(b) above may relate to courses approved or provided by such person as may be specified in the regulations (as well as to courses approved under section 114ZA or 114A below).
(7) An approval by virtue of subsection (6) above may be in respect of a course in general or in respect of a course in relation to a particular person.
(8) The power to make regulations under subsection (4) above includes power to make different provision for different cases or areas.
(9) In this section “ the appropriate national authority ” means—
(a) in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in England, the Secretary of State;
(b) in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, the Welsh Ministers.
(10) In this Act “ approved mental health professional ” means—
(a) in relation to acting on behalf of a local social services authority whose area is in England, a person approved under subsection (1) above by any local social services authority whose area is in England, and
(b) in relation to acting on behalf of a local social services authority whose area is in Wales, a person approved under that subsection by any local social services authority whose area is in Wales.
(1) Social Work England may approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in England.
(2) Social Work England must publish a list of—
(a) the courses which are approved under this section, and
(b) the courses which have been, but are no longer, approved under this section and the periods for which they were so approved.
(3) The functions of an approved mental health professional are not to be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Social Work England may charge fees for approving courses under subsection (1).
(6) In this section “Social Work England” means the body corporate established by section 36(1) of the Children and Social Work Act 2017.
(1) The Social Care Wales may, in accordance with rules made by it, approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in Wales.
(2) For that purpose—
(a) subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and
(b) sections 73 to 75 and section 115 of that Act apply accordingly.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) The functions of an approved mental health professional shall not be considered to be relevant social work for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016 .
(5) The ... Social Care Wales may also carry out, or assist other persons in carrying out, research into matters relevant to training for approved mental health professionals.
(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.
(1) Where a patient to whom this section applies is admitted to a hospital independent hospital or care home in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital or nursing home as would be expected to be taken by his parents.
(2) This section applies to-
(a) a child or young person—
(i) who is in the care of a local authority by virtue of a care order within the meaning of the Children Act 1989, or
(ii) in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the Social Work (Scotland) Act 1968;
(b) a person who is subject to the guardianship of a local social services authority under the provisions of this Act . . . ; or
(c) a person the functions of whose nearest relative under this Act . . . are for the time being transferred to a local social services authority.
(1) This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of a hospital direction made under section 45A above or a transfer direction made under section 47 or 48 above, and then cease to be detained and (whether or not immediately after so ceasing) leave hospital.
(2) It shall be the duty of the integrated care board or ... Local Health Board and of the local social services authority to provide or arrange for the provision of, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the integrated care board or ... Local Health Board and the local social services authority are satisfied that the person concerned is no longer in need of such services ; but they shall not be so satisfied in the case of a community patient while he remains such a patient..
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.
(2C) References in this Act to after-care services provided for a patient under this section include references to services provided for the patient—
(a) in respect of which direct payments are made under —
(i) sections 31 to 33 of the Care Act 2014 (as applied by Schedule 4 to that Act),
(ii) Schedule A1 to the Social Services and Well-being (Wales) Act 2014 ..., ...
(iii) regulations under section 12A(4) of the National Health Service Act 2006, or
(iv) regulations under section 10B(6) of the National Health Service (Wales) Act 2006, and
(b) which would be provided under this section apart from those sections (as so applied) or the regulations otherwise be provided under this section.
(2D) Subsection (2), in its application to the integrated care board, has effect as if the words “provide or” were omitted.
(2E) The Secretary of State may by regulations provide that the duty imposed on the integrated care board by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another integrated care board or NHS England.
(2F) Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on NHS England, subsection (2D) has effect as if the reference to the integrated care board were a reference to NHS England.
(2G) Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act.
(3) In this section “the integrated care board or ... Local Health Board” means the integrated care board or ...Local Health Board, and “the local social services authority” means the local social services authority —
(a) if, immediately before being detained, the person concerned was ordinarily resident in England, for the area in England in which he was ordinarily resident;
(b) if, immediately before being detained, the person concerned was ordinarily resident in Wales, for the area in Wales in which he was ordinarily resident; or
(c) in any other case for the area in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained.
(4) Where there is a dispute about where a person was ordinarily resident for the purposes of subsection (3) above—
(a) if the dispute is between local social services authorities in England, section 40 of the Care Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of Part 1 of that Act;
(b) if the dispute is between local social services authorities in Wales, section 195 of the Social Services and Well-being (Wales) Act 2014 applies to the dispute as it applies to a dispute about where a person was ordinarily resident for the purposes of that Act;
(c) if the dispute is between a local social services authority in England and a local social services authority in Wales, it is to be determined by the Secretary of State or the Welsh Ministers.
(5) The Secretary of State and the Welsh Ministers shall make and publish arrangements for determining which of them is to determine a dispute under subsection (4)(c); and the arrangements may, in particular, provide for the dispute to be determined by whichever of them they agree is to do so.
(6) In this section, “after-care services”, in relation to a person, means services which have both of the following purposes—
(a) meeting a need arising from or related to the person's mental disorder; and
(b) reducing the risk of a deterioration of the person's mental condition (and, accordingly, reducing the risk of the person requiring admission to a hospital again for treatment for mental disorder).
117A After-care: preference for particular accommodation
(1) The Secretary of State may by regulations provide that where—
(a) the local social services authority under section 117 is, in discharging its duty under subsection (2) of that section, providing or arranging for the provision of accommodation for the person concerned;
(b) the person concerned expresses a preference for particular accommodation; and
(c) any prescribed conditions are met,
the local social services authority must provide or arrange for the provision of the person's preferred accommodation.
(2) Regulations under this section may provide for the person concerned, or a person of a prescribed description, to pay for some or all of the additional cost in prescribed cases.
(3) In subsection (2), “ additional cost ” means the cost of providing or arranging for the provision of the person's preferred accommodation less the amount that the local social services authority would expect to be the usual cost of providing or arranging for the provision of accommodation of that kind.
(4) The power to make regulations under this section—
(a) is exercisable only in relation to local social services authorities in England;
(b) includes power to make different provision for different cases or areas.
117B After-care: exception for provision of nursing care
(1) Section 117 does not authorise or require a local social services authority ..., in or in connection with the provision of services under that section, to provide or arrange for the provision of nursing care by a registered nurse.
(2) In this section “nursing care by a registered nurse” means a service provided by a registered nurse involving—
(a) the provision of care, or
(b) the planning, supervision or delegation of the provision of care,
other than a service which, having regard to its nature and the circumstances in which it is provided, does not need to be provided by a registered nurse.
(1) The Secretary of State shall prepare, and from time to time revise, a code of practice—
(a) for the guidance of registered medical practitioners , approved clinicians , managers and staff of hospitals , independent hospitals and care homes and approved mental health professionals in relation to the admission of patients to hospitals and registered establishments under this Act and to guardianship and community patients under this Act; and
(b) for the guidance of registered medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder.
(1A) The Code which must be prepared, and from time to time revised, in relation to Wales shall also be for the guidance of independent mental health advocates appointed under arrangements made under section 130E below
(2) The code shall, in particular, specify forms of medical treatment in addition to any specified by regulations made for the purposes of section 57 above which in the opinion of the Secretary of State give rise to special concern and which should accordingly not be given by a registered medical practitioner unless the patient has consented to the treatment (or to a plan of treatment including that treatment) and a certificate in writing as to the matters mentioned in subsection (2)(a) and (b) of that section has been given by another registered medical practitioner, being a practitioner appointed for the purposes of this section by the regulatory authority.
(2A) The code shall include a statement of the principles which the Secretary of State thinks should inform decisions under this Act.
(2B) In preparing the statement of principles the Secretary of State shall, in particular, ensure that each of the following matters is addressed—
(a) respect for patients' past and present wishes and feelings,
(b) respect for diversity generally including, in particular, diversity of religion, culture and sexual orientation (within the meaning of section 35 of the Equality Act 2006),
(c) minimising restrictions on liberty,
(d) involvement of patients in planning, developing and delivering care and treatment appropriate to them,
(e) avoidance of unlawful discrimination,
(f) effectiveness of treatment,
(g) views of carers and other interested parties,
(h) patient wellbeing and safety, and
(i) public safety.
(2C) The Secretary of State shall also have regard to the desirability of ensuring—
(a) the efficient use of resources, and
(b) the equitable distribution of services.
(2D) In performing functions under this Act persons mentioned in subsection (1)(a) or (b) and subsection (1A) shall have regard to the code.
(3) Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.
(4) The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.
(5) No resolution shall be passed by either House of Parliament under subsection (4) above in respect of a code or alteration after the expiration of the period of 40 days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(6) The Secretary of State shall publish the code as for the time being in force.
(7) The Care Quality Commission may at any time make proposals to the Secretary of State as to the content of the code of practice which the Secretary of State must prepare, and from time to time revise, under this section in relation to England.
119 Practitioners approved for Part IV and s. 118.
(1) The regulatory authority may make such provision as it may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of registered medical practitioners appointed by the authority for the purposes of Part IV of this Act and section 118 above and to or in respect of other persons appointed for the purposes of section 57(2)(a) above.
(2) A registered medical practitioner or other person appointed ... for the purposes of the provisions mentioned in subsection (1) above may, for the purpose of exercising his functions under those provisions or under Part 4A of this Act, at any reasonable time—
(a) visit and interview and, in the case of a registered medical practitioner, examine in private any patient detained in a hospital or registered establishment or any community patient in a hospital or regulated establishment (other than a hospital) or (if access is granted) other place; and
(b) require the production of and inspect any records relating to the treatment of the patient there.
(3) In this section “regulated establishment” means—
(a) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000; ...
(b) premises used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, in respect of which a person is registered under Chapter 2 of that Part ; or
(c) premises at which—
(i) a care home service,
(ii) a secure accommodation service, or
(iii) a residential family centre service,
within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided by a person registered under Part 1 of that Act.
(1) The regulatory authority must keep under review and, where appropriate, investigate the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or their reception into guardianship or to relevant patients.
(2) Relevant patients are—
(a) patients liable to be detained under this Act,
(b) community patients, and
(c) patients subject to guardianship.
(3) The regulatory authority must make arrangements for persons authorised by it to visit and interview relevant patients in private—
(a) in the case of relevant patients detained under this Act, in the place where they are detained, and
(b) in the case of other relevant patients, in hospitals and regulated establishments and, if access is granted, other places.
(4) The regulatory authority must also make arrangements for persons authorised by it to investigate any complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a patient who is or has been detained under this Act or who is or has been a relevant patient.
(5) The arrangements made under subsection (4)—
(a) may exclude matters from investigation in specified circumstances, and
(b) do not require any person exercising functions under the arrangements to undertake or continue with any investigation where the person does not consider it appropriate to do so.
(6) Where any such complaint as is mentioned in subsection (4) is made by a Member of Parliament or a member of the National Assembly for Wales, the results of the investigation must be reported to the Member of Parliament or member of the Assembly.
(7) For the purposes of a review or investigation under subsection (1) or the exercise of functions under arrangements made under this section, a person authorised by the regulatory authority may at any reasonable time—
(a) visit and interview in private any patient in a hospital or regulated establishment,
(b) if the authorised person is a registered medical practitioner or approved clinician, examine the patient in private there, and
(c) require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained under this Act or who is or has been a community patient or a patient subject to guardianship.
(8) The regulatory authority may make provision for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any review or investigation for which it is responsible under subsection (1) or functions under arrangements made by it under this section.
(9) In this section “regulated establishment” means—
(a) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000, ...
(b) premises used for the carrying on of a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008) in respect of which a person is registered under Chapter 2 of that Part , or
(c) premises at which—
(i) a care home service,
(ii) a secure accommodation service, or
(iii) a residential family centre service,
within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided by a person registered under Part 1 of that Act.
(1) The regulatory authority may publish a report of a review or investigation carried out by it under section 120(1).
(2) The Secretary of State may by regulations make provision as to the procedure to be followed in respect of the making of representations to the Care Quality Commission before the publication of a report by the Commission under subsection (1).
(3) The Secretary of State must consult the Care Quality Commission before making any such regulations.
(4) The Welsh Ministers may by regulations make provision as to the procedure to be followed in respect of the making of representations to them before the publication of a report by them under subsection (1).
(1) The regulatory authority may direct a person mentioned in subsection (2) to publish a statement as to the action the person proposes to take as a result of a review or investigation under section 120(1).
(2) The persons are—
(a) the managers of a hospital within the meaning of Part 2 of this Act;
(b) a local social services authority;
(c) persons of any other description prescribed in regulations.
(3) Regulations may make further provision about the content and publication of statements under this section.
(4) “Regulations” means regulations made—
(a) by the Secretary of State, in relation to England;
(b) by the Welsh Ministers, in relation to Wales.
(1) This section applies to the following persons—
(a) the managers of a hospital within the meaning of Part 2 of this Act;
(b) a local social services authority;
(c) persons of any other description prescribed in regulations.
(2) A person to whom this section applies must provide the regulatory authority with such information as the authority may reasonably request for or in connection with the exercise of its functions under section 120.
(3) A person to whom this section applies must provide a person authorised under section 120 with such information as the person so authorised may reasonably request for or in connection with the exercise of functions under arrangements made under that section.
(4) This section is in addition to the requirements of section 120(7)(c).
(5) “Information” includes documents and records.
(6) “Regulations” means regulations made—
(a) by the Secretary of State, in relation to England;
(b) by the Welsh Ministers, in relation to Wales.
(1) The regulatory authority must publish an annual report on its activities in the exercise of its functions under this Act.
(2) The report must be published as soon as possible after the end of each financial year.
(3) The Care Quality Commission must send a copy of its annual report to the Secretary of State who must lay the copy before Parliament.
(4) The Welsh Ministers must lay a copy of their annual report before the National Assembly for Wales.
(5) In this section “financial year” means—
(a) the period beginning with the date on which section 52 of the Health and Social Care Act 2008 comes into force and ending with the next 31 March following that date, and
(b) each successive period of 12 months ending with 31 March.
122 Provision of pocket money for in-patients in hospital.
(1) Welsh Ministers may (in relation to Wales) pay to persons who are receiving treatment as in-patients (whether liable to be detained or not) in special hospitals or other hospitals, being hospitals wholly or mainly used for the treatment of persons suffering from mental disorder, such amounts as the Welsh Ministers think fit in respect of those persons' occasional personal expenses where it appears to the Welsh Ministers that those persons would otherwise be without resources to meet those expenses.
(2) For the purposes of ... the National Health Service (Wales) Act 2006 , the making of payments under this section to persons for whom hospital services are provided under that Act shall be treated as included among those services.
(1) Any person who without lawful authority or excuse has in his custody or under his control any document to which this subsection applies, which is, and which he knows or believes to be, false within the meaning of Part I of the Forgery and Counterfeiting Act 1981, shall be guilty of an offence.
(2) Any person who without lawful authority or excuse makes or has in his custody or under his control, any document so closely resembling a document to which subsection (1) above applies as to be calculated to deceive shall be guilty of an offence.
(3) The documents to which subsection (1) above applies are any documents purporting to be—
(a) an application under Part II of this Act;
(b) a medical or other recommendation or report under this Act; and
(c) any other document required or authorised to be made for any of the purposes of this Act.
(4) Any person who—
(a) wilfully makes a false entry or statement in any application, recommendation, report, record or other document required or authorised to be made for any of the purposes of this Act; or
(b) with intent to deceive, makes use of any such entry or statement which he knows to be false,
shall be guilty of an offence.
(5) Any person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.
(1) It shall be an offence for any person who is an officer on the staff of or otherwise employed in, or who is one of the managers of, a hospital , independent hospital or care home—
(a) to ill-treat or wilfully to neglect a patient for the time being receiving treatment for mental disorder as an in-patient in that hospital or home; or
(b) to ill-treat or wilfully to neglect, on the premises of which the hospital or home forms part, a patient for the time being receiving such treatment there as an out-patient.
(2) It shall be an offence for any individual to ill-treat or wilfully to neglect a mentally disordered patient who is for the time being subject to his guardianship under this Act or otherwise in his custody or care (whether by virtue of any legal or moral obligation or otherwise).
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Any person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine of any amount, or to both.
(4) No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.
128 Assisting patients to absent themselves without leave, etc.
(1) Where any person induces or knowingly assists another person who is liable to be detained in a hospital within the meaning of Part II of this Act or is subject to guardianship under this Act or is a community patient to absent himself without leave he shall be guilty of an offence.
(2) Where any person induces or knowingly assists another person who is in legal custody by virtue of section 137 below to escape from such custody he shall be guilty of an offence.
(3) Where any person knowingly harbours a patient who is absent without leave or is otherwise at large and liable to be retaken under this Act or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody or returned to the hospital or other place where he ought to be he shall be guilty of an offence.
(4) Any person guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine of any amount, or to both.
(1) Any person who without reasonable cause—
(a) refuses to allow the inspection of any premises; or
(b) refuses to allow the visiting, interviewing or examination of any person by a person authorised in that behalf by or under this Act or to give access to any person to a person so authorised; or
(c) refuses to produce for the inspection of any person so authorised any document or record the production of which is duly required by him; or
(ca) fails to comply with a request made under section 120C; or
(d) otherwise obstructs any such person in the exercise of his functions,
shall be guilty of an offence.
(2) Without prejudice to the generality of subsection (1) above, any person who insists on being present when required to withdraw by a person authorised by or under this Act to interview or examine a person in private shall be guilty of an offence.
(3) Any person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or to both.
A local social services authority may institute proceedings for any offence under this Part of this Act, but without prejudice to any provision of this Part of this Act requiring the consent of the Director of Public Prosecutions for the institution of such proceedings.
(1) A local social services authority whose area is in England shall make such arrangements as it considers reasonable to enable persons (“independent mental health advocates”) to be available to help qualifying patients for whom the authority is responsible for the purposes of this section.
(2) The Secretary of State may by regulations make provision as to the appointment of persons as independent mental health advocates.
(3) The regulations may, in particular, provide—
(a) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;
(b) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.
(4) In making arrangements under this section, a local social services authority shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment.
(5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements—
(a) under section 35 of the Mental Capacity Act 2005; or
(b) of a description specified in regulations under this section.
(6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.
(7) Regulations under this section—
(a) may make different provision for different cases;
(b) may make provision which applies subject to specified exceptions;
(c) may include transitional, consequential, incidental or supplemental provision.
(1) The help available to a qualifying patient under arrangements under section 130A above shall include help in obtaining information about and understanding—
(a) the provisions of this Act by virtue of which he is a qualifying patient;
(b) any conditions or restrictions to which he is subject by virtue of this Act;
(c) what (if any) medical treatment is given to him or is proposed or discussed in his case;
(d) why it is given, proposed or discussed;
(e) the authority under which it is, or would be, given; and
(f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him.
(2) The help available under the arrangements to a qualifying patient shall also include—
(a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him; and
(b) help (by way of representation or otherwise) in exercising those rights.
(3) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate may—
(a) visit and interview the patient in private;
(b) visit and interview any person who is professionally concerned with his medical treatment;
(c) require the production of and inspect any records relating to his detention or treatment in any hospital or registered establishment or to any after-care services provided for him under section 117 above;
(d) require the production of and inspect any records of, or held by, a local social services authority which relate to him.
(4) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (3)(c) or (d) above unless—
(a) in a case where the patient has capacity or is competent to consent, he does consent; or
(b) in any other case, the production or inspection would not conflict with a decision made by a donee or deputy or the Court of Protection and the person holding the records, having regard to such matters as may be prescribed in regulations under section 130A above, considers that—
(i) the records may be relevant to the help to be provided by the advocate; and
(ii) the production or inspection is appropriate.
(5) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient—
(a) the person (if any) appearing to the advocate to be the patient's nearest relative;
(b) the responsible clinician for the purposes of this Act;
(c) an approved mental health professional.
(6) But nothing in this Act prevents the patient from declining to be provided with help under the arrangements.
(7) In subsection (4) above—
(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;
(b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;
(c) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act.
(1) This section applies for the purposes of section 130A above.
(2) A patient is a qualifying patient if he is–
(a) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England;
(b) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in England;
(c) a community patient and the responsible hospital is situated in England.
(3) A patient is also a qualifying patient if the patient is to be regarded as being in England for the purposes of this subsection and—
(a) not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 57 above applies; or
(b) not having attained the age of 18 years and not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 58A above applies.
(3A) For the purposes of subsection (3), a patient is to be regarded as being in England if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130I(4), and published, by the Secretary of State and the Welsh Ministers.
(4) Where a patient who is a qualifying patient falling within subsection (3) above is informed that the treatment concerned is proposed in his case, he remains a qualifying patient falling within that subsection until—
(a) the proposal is withdrawn; or
(b) the treatment is completed or discontinued.
(4A) A local social services authority is responsible for a qualifying patient if—
(a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area;
(b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above;
(c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area;
(d) in the case of a qualifying patient falling within subsection (3)—
(i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or
(ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section.
(4B) In subsection (4A)(d) above—
(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;
(b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;
(c) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .