130D Duty to give information about independent mental health advocates
(1) The responsible person in relation to a qualifying patient (within the meaning given by section 130C above) shall take such steps as are practicable to ensure that the patient understands—
(a) that help is available to him from an independent mental health advocate; and
(b) how he can obtain that help.
(2) In subsection (1) above, “ the responsible person ” means—
(a) in relation to a qualifying patient falling within section 130C(2)(a) above (other than one also falling within paragraph (b) below), the managers of the hospital or registered establishment in which he is liable to be detained;
(b) in relation to a qualifying patient falling within section 130C(2)(a) above and conditionally discharged by virtue of section 42(2), 73 or 74 above, the responsible clinician;
(c) in relation to a qualifying patient falling within section 130C(2)(b) above, the responsible local social services authority within the meaning of section 34(3) above;
(d) in relation to a qualifying patient falling within section 130C(2)(c) above, the managers of the responsible hospital;
(e) in relation to a qualifying patient falling within section 130C(3) above, the registered medical practitioner or approved clinician with whom the patient first discusses the possibility of being given the treatment concerned.
(3) The steps to be taken under subsection (1) above shall be taken—
(a) where the responsible person falls within subsection (2)(a) above, as soon as practicable after the patient becomes liable to be detained;
(b) where the responsible person falls within subsection (2)(b) above, as soon as practicable after the conditional discharge;
(c) where the responsible person falls within subsection (2)(c) above, as soon as practicable after the patient becomes subject to guardianship;
(d) where the responsible person falls within subsection (2)(d) above, as soon as practicable after the patient becomes a community patient;
(e) where the responsible person falls within subsection (2)(e) above, while the discussion with the patient is taking place or as soon as practicable thereafter.
(4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.
(5) The responsible person in relation to a qualifying patient falling within section 130C(2) above (other than a patient liable to be detained by virtue of Part 3 of this Act) shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to the responsible person to be the patient's nearest relative with a copy of any information given to the patient in writing under subsection (1) above.
(6) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter.
(1) The Welsh Ministers shall make such arrangements as they consider reasonable to enable persons (“independent mental health advocates”) to be available to help–
(a) Welsh qualifying compulsory patients; and
(b) Welsh qualifying informal patients.
(2) The Welsh Ministers 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, the Welsh Ministers 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–
(a) is professionally concerned with the patient's medical treatment; or
(b) falls within a description specified in regulations made by the Welsh Ministers.
(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 and sections 130F to 130H–
(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.
130F Arrangements under section 130E for Welsh qualifying compulsory patients
(1) The help available to a Welsh qualifying compulsory patient under arrangements under section 130E shall include help in obtaining information about and understanding–
(a) the provisions of this Act by virtue of which he is a qualifying compulsory 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 Welsh qualifying compulsory 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;
(b) help (by way of representation or otherwise)–
(i) in exercising the rights referred to in paragraph (a);
(ii) for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally;
(iii) for patients who wish to complain about their care or treatment;
(c) the provision of information about other services which are or may be available to the patient;
(d) other help specified in regulations made by the Welsh Ministers.
130G Arrangements under section 130E for Welsh qualifying informal patients
(1) The help available to a Welsh qualifying informal patient under arrangements under section 130E shall include help in obtaining information about and understanding–
(a) what (if any) medical treatment is given to him or is proposed or discussed in his case;
(b) why it is given, proposed or discussed;
(c) the authority under which it is, or would be, given.
(2) The help available under the arrangements to a Welsh qualifying informal patient shall also include–
(a) help (by way of representation or otherwise)–
(i) for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally;
(ii) for patients who wish to complain about their care or treatment;
(b) the provision of information about other services which are or may be available to the patient;
(c) other help specified in regulations made by the Welsh Ministers.
130H Independent mental health advocates for Wales: supplementary powers and duties
(1) For the purpose of providing help to a patient in accordance with arrangements made under section 130E, an independent mental health advocate may–
(a) visit and interview the patient in private;
(b) visit and interview–
(i) any person who is professionally concerned with his medical treatment;
(ii) any other person who falls within a description specified in regulations made by the Welsh Ministers;
(c) require the production of and inspect any records relating to his detention, treatment or assessment 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.
(2) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (1)(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 130E above, considers that–
(i) the records may be relevant to the help to be provided by the advocate;
(ii) the production or inspection is appropriate.
(3) For the purpose of providing help to a Welsh qualifying compulsory 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 patient;
(b) the person (if any) appearing to the advocate to be the patient's nearest relative;
(c) the responsible clinician for the purposes of this Act;
(d) an approved mental health professional;
(e) a registered social worker who is professionally concerned with the patient's care, treatment or assessment;
(f) where the patient is liable to be detained in a hospital or registered establishment, the managers of the hospital or establishment or a person duly authorised on their behalf;
(g) the patient's donee or deputy.
(4) For the purpose of providing help to a Welsh qualifying informal 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 patient;
(b) the managers of the hospital or establishment in which the patient is an in-patient or a person duly authorised on their behalf;
(c) any person appearing to the advocate to whom the request is made to be the patient's carer;
(d) the patient's donee or deputy;
(e) a registered social worker who is professionally concerned with the patient's care, treatment or assessment.
(5) But nothing in this Act prevents the patient from declining to be provided with help under the arrangements.
(6) In subsection (2) above the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005.
(7) In subsection (4) above–
(a) “carer”, in relation to a Welsh qualifying informal patient, means an individual who provides or intends to provide a substantial amount of care on a regular basis for the patient, but does not include any individual who provides, or intends to provide care by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether or not incorporated);
(b) “registered social worker” means a person included in the social worker part ... of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016.
(8) In subsections (2) to (4) above–
(a) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient, where the donee, in making the decision referred to in subsection (2) or the request referred to in subsection (3) or (4), is acting within the scope of his authority and in accordance with that Act;
(b) 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, in making the decision referred to in subsection (2) or the request referred to in subsection (3) or (4), is acting within the scope of his authority and in accordance with that Act.
(1) This section applies for the purposes of section 130E above.
(2) A patient is a Welsh qualifying compulsory patient if he is–
(a) liable to be detained under this Act (other than under section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in Wales;
(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 Wales; or
(c) a community patient and the responsible hospital is situated in Wales.
(3) A patient is also a Welsh qualifying compulsory patient if the patient is to be regarded as being in Wales 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.
(4) For the purposes of subsection (3), a patient is to be regarded as being in Wales if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130C(3), and published, by the Secretary of State and the Welsh Ministers.
(5) Where a patient who is a Welsh qualifying compulsory 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.
(1) This section applies for the purposes of section 130E above.
(2) A patient is a Welsh qualifying informal patient if–
(a) the patient is an in-patient at a hospital or registered establishment situated in Wales;
(b) the patient is receiving treatment for, or assessment in relation to, mental disorder at the hospital or registered establishment; and
(c) no application, order, direction or report renders the patient liable to be detained under this Act.
130K Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients
(1) The responsible person in relation to a Welsh qualifying compulsory patient (within the meaning given by section 130I above) shall take such steps as are practicable to ensure that the patient understands–
(a) that help is available to him from an independent mental health advocate; and
(b) how he can obtain that help.
(2) In subsection (1) above, the “ responsible person ” means–
(a) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(a) above (other than one also falling within paragraph (b) below), the managers of the hospital or registered establishment in which he is liable to be detained; or
(b) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(a) above and conditionally discharged by virtue of section 42(2), 73 or 74 above, the responsible clinician;
(c) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(b) above, the responsible local social services authority within the meaning of section 34(3) above;
(d) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(c) above, the managers of the responsible hospital;
(e) in relation to a Welsh qualifying compulsory patient falling within section 130I(3) above, the registered medical practitioner or approved clinician with whom the patient first discusses the possibility of being given the treatment concerned.
(3) The steps to be taken under subsection (1) above shall be taken–
(a) where the responsible person falls within subsection (2)(a) above, as soon as practicable after the patient becomes liable to be detained;
(b) where the responsible person falls within subsection (2)(b) above, as soon as practicable after the conditional discharge;
(c) where the responsible person falls within subsection (2)(c) above, as soon as practicable after the patient becomes subject to guardianship;
(d) where the responsible person falls within subsection (2)(d) above, as soon as practicable after the patient becomes a community patient;
(e) where the responsible person falls within subsection (2)(e) above, while the discussion with the patient is taking place or as soon as practicable thereafter.
(4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.
(5) The responsible person in relation to a Welsh qualifying compulsory patient falling within section 130I(2) above (other than a patient liable to be detained by virtue of Part 3 of this Act) shall, except where the patient otherwise requests, take such steps as are practicable to furnish any person falling within subsection (6) with a copy of any information given to the patient in writing under subsection (1) above.
(6) A person falls within this subsection if–
(a) the person appears to the responsible person to be the patient's nearest relative;
(b) the person is a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient and the scope of the donee's authority includes matters related to the care and treatment of the patient;
(c) the person is a deputy appointed for the patient by the Court of Protection under section 16 of that Act and the scope of the deputy's authority includes matters related to the care and treatment of the patient.
(7) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter.
130L Duty to give information about independent mental health advocates to Welsh qualifying informal patients
(1) The responsible person in relation to a Welsh qualifying informal patient (within the meaning given by section 130J above) shall take such steps as are practicable to ensure that the patient understands–
(a) that help is available to him from an independent mental health advocate; and
(b) how he can obtain that help.
(2) In subsection (1) above, the “ responsible person ” means the managers of the hospital or registered establishment to which the patient is admitted as an in-patient.
(3) The steps to be taken under subsection (1) above shall be taken as soon as practicable after the patient becomes an in-patient.
(4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.
(5) The responsible person in relation to a Welsh qualifying informal patient shall, except where the patient otherwise requests, take such steps as are practicable to furnish any person falling within subsection (6) with a copy of any information given to the patient in writing under subsection (1) above.
(6) A person falls within this subsection if–
(a) the person appears to the responsible person to be a carer of the patient;
(b) the person is a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient and the scope of the donee's authority includes matters related to the care and treatment of the patient;
(c) the person is a deputy appointed for the patient by the Court of Protection under section 16 of that Act and the scope of the deputy's authority includes matters related to the care and treatment of the patient.
(7) In subsection (6), “ carer ”, in relation to a Welsh qualifying informal patient, means an individual who provides or intends to provide a substantial amount of care on a regular basis for the patient, but does not include any individual who provides, or intends to provide care by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether or not incorporated);
(8) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter.
(1) Nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital or registered establishment in pursuance of arrangements made in that behalf and without any application, order or direction rendering him liable to be detained under this Act, or from remaining in any hospital or registered establishment in pursuance of such arrangements after he has ceased to be so liable to be detained.
(2) Subsections (3) and (4) below apply in the case of a patient aged 16 or 17 years who has capacity to consent to the making of such arrangements as are mentioned in subsection (1) above.
(3) If the patient consents to the making of the arrangements, they may be made, carried out and determined on the basis of that consent even though there are one or more persons who have parental responsibility for him.
(4) If the patient does not consent to the making of the arrangements, they may not be made, carried out or determined on the basis of the consent of a person who has parental responsibility for him.
(5) In this section—
(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; and
(b) “ parental responsibility ” has the same meaning as in the Children Act 1989.
(1) This section applies in respect of any patient who has not attained the age of 18 years and who—
(a) is liable to be detained in a hospital under this Act; or
(b) is admitted to, or remains in, a hospital in pursuance of such arrangements as are mentioned in section 131(1) above.
(2) The managers of the hospital shall ensure that the patient's environment in the hospital is suitable having regard to his age (subject to his needs).
(3) For the purpose of deciding how to fulfil the duty under subsection (2) above, the managers shall consult a person who appears to them to have knowledge or experience of cases involving patients who have not attained the age of 18 years which makes him suitable to be consulted.
(4) In this section, “ hospital ” includes a registered establishment.
132 Duty of managers of hospitals to give information to detained patients.
(1) The managers of a hospital or registered establishment in which a patient is detained under this Act shall take such steps as are practicable to ensure that the patient understands—
(a) under which of the provisions of this Act he is for the time being detained and the effect of that provision; and
(b) what rights of applying to a tribunal are available to him in respect of his detention under that provision;
and those steps shall be taken as soon as practicable after the commencement of the patient’s detention under the provision in question.
(2) The managers of a hospital or registered establishment in which a patient is detained as aforesaid shall also take such steps as are practicable to ensure that the patient understands the effect, so far as relevant in his case, of sections 23, 25, 56 to 64, 66(1)(g), 118 and 120 above and section 134 below; and those steps shall be taken as soon as practicable after the commencement of the patient’s detention in the hospital or establishment .
(3) The steps to be taken under subsections (1) and (2) above shall include giving the requisite information both orally and in writing.
(4) The managers of a hospital or registered establishment in which a patient is detained as aforesaid shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsections (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.
132A Duty of managers of hospitals to give information to community patients
(1) The managers of the responsible hospital shall take such steps as are practicable to ensure that a community patient understands—
(a) the effect of the provisions of this Act applying to community patients; and
(b) what rights of applying to a tribunal are available to him in that capacity;
and those steps shall be taken as soon as practicable after the patient becomes a community patient.
(2) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.
(3) The managers of the responsible hospital shall, except where the community patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsection (1) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.
133 Duty of managers of hospitals to inform nearest relatives of discharge.
(1) Where a patient liable to be detained under this Act in a hospital or registered establishment is to be discharged otherwise than by virtue of an order for discharge made by his nearest relative, the managers of the hospital or registered establishment shall, subject to subsection (2) below, take such steps as are practicable to inform the person (if any) appearing to them to be the nearest relative of the patient; and that information shall, if practicable, be given at least seven days before the date of discharge.
(1A) The reference in subsection (1) above to a patient who is to be discharged includes a patient who is to be discharged from hospital under section 17A above.
(1B) Subsection (1) above shall also apply in a case where a community patient is discharged under section 23 or 72 above (otherwise than by virtue of an order for discharge made by his nearest relative), but with the reference in that subsection to the managers of the hospital or registered establishment being read as a reference to the managers of the responsible hospital.
(2) Subsection (1) above shall not apply if the patient or his nearest relative has requested that information about the patient’s discharge should not be given under this section.
(1) A postal packet addressed to any person by a patient detained in a hospital under this Act and delivered by the patient for dispatch may be withheld from the postal operator concerned—
(a) if that person has requested that communications addressed to him by the patient should be withheld; or
(b) subject to subsection (3) below, if the hospital is one at which high security psychiatric services are provided and the managers of the hospital consider that the postal packet is likely—
(i) to cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital); or
(ii) to cause danger to any person;
and any request for the purposes of paragraph (a) above shall be made by a notice in writing given to the managers of the hospital, or the approved clinician with overall responsibility for the patient's case ... .
(2) Subject to subsection (3) below, a postal packet addressed to a patient detained under this Act in a hospital at which high security psychiatric services are provided may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.
(3) Subsections (1)(b) and (2) above do not apply to any postal packet addressed by a patient to, or sent to a patient by or on behalf of—
(a) any Minister of the Crown or the Scottish Ministers or Member of either House of Parliament or member of the Scottish Parliament or of the Northern Ireland Assembly;
(aa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;
(b) any judge or officer of the Court of Protection, any of the Court of Protection Visitors or any person asked by that Court for a report under section 49 of the Mental Capacity Act 2005 concerning the patient;
(c) the Parliamentary Commissioner for Administration, the Scottish Public Services Ombudsman, the Public Services Ombudsman for Wales the Health Service Commissioner for England, . . . or a Local Commissioner within the meaning of Part III of the Local Government Act 1974;
(ca) the Care Quality Commission;
(cb) the Citizen Voice Body for Health and Social Care, Wales;
(d) the First-tier Tribunal or the Mental Health Review Tribunal for Wales;
(e) NHS England , an integrated care board, a ... Local Health Board or Special Health Authority ..., a local social services authority ... ... , a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000) or a provider of probation services;
(ea) a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers;
(eb) a provider of independent advocacy services for the patient;
(f) the managers of the hospital in which the patient is detained;
(g) any legally qualified person instructed by the patient to act as his legal adviser; or
(h) the European Commission of Human Rights or the European Court of Human Rights.
and for the purposes of paragraph (d) above the reference to the First-tier Tribunal is a reference to that tribunal so far as it is acting for the purposes of any proceedings under this Act or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984.
(3A) In subsection (3) above—
(a) “patient advocacy and liaison service” means a service of a description prescribed by regulations made by the Secretary of State, and
“independent advocacy services” means services provided under arrangements under section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006.
(b) “independent advocacy services” means services provided under—
(i) arrangements under section 130A or section 130E above;
(ii) arrangements under section 223A of the Local Government and Public Involvement in Health Act 2007 or section 187 of the National Health Service (Wales) Act 2006; or
(iii) arrangements of a description prescribed as mentioned in paragraph (a) above.
(4) The managers of a hospital may inspect and open any postal packet for the purposes of determining—
(a) whether it is one to which subsection (1) or (2) applies, and
(b) in the case of a postal packet to which subsection (1) or (2) above applies, whether or not it should be withheld under that subsection;
and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it.
(5) Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing.
(6) Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) above the managers of the hospital shall within seven days give notice of that fact to the patient and, in the case of a packet withheld under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall be given in writing and shall contain a statement of the effect of section 134A(1) to (4).
(7) The functions of the managers of a hospital under this section shall be discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose and different persons may be appointed to discharge different functions.
(8) The Secretary of State may make regulations with respect to the exercise of the powers conferred by this section.
(9) In this section and section 134A “hospital” has the same meaning as in Part II of this Act and “postal operator” and, “postal packet” have the same meaning as in Part 3 of the Postal Services Act 2011 (see section 27)
134A Review of decisions to withhold correspondence
(1) The regulatory authority must review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 134 if an application for a review of the decision is made—
(a) in a case under subsection (1)(b) of that section, by the patient; or
(b) in a case under subsection (2) of that section, either by the patient or by the person by whom the postal packet was sent.
(2) An application under subsection (1) must be made within 6 months of receipt by the applicant of the notice referred to in section 134(6).
(3) On an application under subsection (1), the regulatory authority may direct that the postal packet (or anything contained in it) is not to be withheld.
(4) The managers of the hospital concerned must comply with any such direction.
(5) The Secretary of State may by regulations make provision in connection with the making to and determination by the Care Quality Commission of applications under subsection (1), including provision for the production to the Commission of any postal packet which is the subject of such an application.
(6) The Welsh Ministers may by regulations make provision in connection with the making to them of applications under subsection (1), including provision for the production to them of any postal packet which is the subject of such an application.
(1) If it appears to a justice of the peace, on information on oath laid by an approved mental health professional, that there is reasonable cause to suspect that a person believed to be suffering from mental disorder—
(a) has been, or is being, ill-treated, neglected or kept otherwise than under proper control, in any place within the jurisdiction of the justice, or
(b) being unable to care for himself, is living alone in any such place,
the justice may issue a warrant authorising any constable . . . to enter, if need be by force, any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove him to a place of safety with a view to the making of an application in respect of him under Part II of this Act, or of other arrangements for his treatment or care.
(1A) If the premises specified in the warrant are a place of safety, the constable executing the warrant may, instead of removing the person to another place of safety, keep the person at those premises for the purpose mentioned in subsection (1).
(2) If it appears to a justice of the peace, on information on oath laid by any constable or other person who is authorised by or under this Act or under article 8 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (Consequential Provisions) Order 2005 to take a patient to any place, or to take into custody or retake a patient who is liable under this Act or under the said article 8 to be so taken or retaken—
(a) that there is reasonable cause to believe that the patient is to be found on premises within the jurisdiction of the justice; and
(b) that admission to the premises has been refused or that a refusal of such admission is apprehended,
the justice may issue a warrant authorising any constable . . . to enter the premises, if need be by force, and remove the patient.
(3) A patient who is removed to a place of safety in the execution of a warrant issued under subsection (1) , or kept at the premises specified in the warrant under subsection (1A), may be detained there for a period not exceeding the permitted period of detention.
(3ZA) In subsection (3), “the permitted period of detention” means—
(a) the period of 24 hours beginning with—
(i) in a case where the person is removed to a place of safety, the time when the person arrives at that place;
(ii) in a case where the person is kept at the premises specified in the warrant, the time when the constable first entered the premises to execute the warrant; or
(b) where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.
(3A) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the permitted period of detention mentioned in subsection (3) above, take a person detained in a place of safety under that subsection to one or more other places of safety.
(3B) A person taken to a place of safety under subsection (3A) above may be detained there for a period ending no later than the end of the permitted period of detention mentioned in subsection (3) above.
(4) In the execution of a warrant issued under subsection (1) above, a constable shall be accompanied by an approved mental health professional and by a registered medical practitioner, and in the execution of a warrant issued under subsection (2) above a constable may be accompanied—
(a) by a registered medical practitioner;
(b) by any person authorised by or under this Act or under article 8 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (Consequential Provisions) Order 2005 to take or retake the patient.
(5) It shall not be necessary in any information or warrant under subsection (1) above to name the patient concerned.
(6) In this section “place of safety” means residential accommodation provided by a local social services authority under Part 1 of the Care Act 2014 or Part 4 of the Social Services and Well-being (Wales) Act 2014 . . . , a hospital as defined by this Act, a police station, an independent hospital or care home for mentally disordered persons or any other suitable place ....
(7) For the purpose of subsection (6)—
(a) a house, flat or room where a person is living may not be regarded as a suitable place unless—
(i) if the person believed to be suffering from a mental disorder is the sole occupier of the place, that person agrees to the use of the place as a place of safety;
(ii) if the person believed to be suffering from a mental disorder is an occupier of the place but not the sole occupier, both that person and one of the other occupiers agree to the use of the place as a place of safety;
(iii) if the person believed to be suffering from a mental disorder is not an occupier of the place, both that person and the occupier (or, if more than one, one of the occupiers) agree to the use of the place as a place of safety;
(b) a place other than one mentioned in paragraph (a) may not be regarded as a suitable place unless a person who appears to the constable exercising powers under this section to be responsible for the management of the place agrees to its use as a place of safety.
(8) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station under this section.
136 Removal etc of mentally disordered persons without a warrant
(1) If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—
(a) remove the person to a place of safety within the meaning of section 135, or
(b) if the person is already at a place of safety within the meaning of that section, keep the person at that place or remove the person to another place of safety.
(1A) The power of a constable under subsection (1) may be exercised where the mentally disordered person is at any place, other than—
(a) any house, flat or room where that person, or any other person, is living, or
(b) any yard, garden, garage or outhouse that is used in connection with the house, flat or room, other than one that is also used in connection with one or more other houses, flats or rooms.
(1B) For the purpose of exercising the power under subsection (1), a constable may enter any place where the power may be exercised, if need be by force.
(1C) Before deciding to remove a person to, or to keep a person at, a place of safety under subsection (1), the constable must, if it is practicable to do so, consult—
(a) a registered medical practitioner,
(b) a registered nurse,
(c) an approved mental health professional, or
(d) a person of a description specified in regulations made by the Secretary of State.
(2) A person removed to, or kept at, a place of safety under this section may be detained there for a period not exceeding the permitted period of detention for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an approved mental health professional and of making any necessary arrangements for his treatment or care.
(2A) In subsection (2), “the permitted period of detention” means—
(a) the period of 24 hours beginning with—
(i) in a case where the person is removed to a place of safety, the time when the person arrives at that place;
(ii) in a case where the person is kept at a place of safety, the time when the constable decides to keep the person at that place; or
(b) where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.
(3) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of the permitted period of detention mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety.
(4) A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of the permitted period of detention mentioned in that subsection.
(5) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station, and the keeping of persons at a police station, under this section.
(1) A child may not, in the exercise of a power to which this section applies, be removed to, kept at or taken to a place of safety that is a police station.
(2) The Secretary of State may by regulations—
(a) provide that an adult may be removed to, kept at or taken to a place of safety that is a police station, in the exercise of a power to which this section applies, only in circumstances specified in the regulations;
(b) make provision about how adults removed to, kept at or taken to a police station, in the exercise of a power to which this section applies, are to be treated while at the police station, including provision for review of their detention.
(3) Regulations under this section—
(a) may make different provision for different cases;
(b) may make provision that applies subject to specified exceptions;
(c) may include incidental, supplementary or consequential provision or transitional, transitory or saving provision.
(4) The powers to which this section applies are—
(a) the power to remove a person to a place of safety under a warrant issued under section 135(1);
(b) the power to take a person to a place of safety under section 135(3A);
(c) the power to remove a person to, or to keep a person at, a place of safety under section 136(1);
(d) the power to take a person to a place of safety under section 136(3).
(5) In this section—
(a) “child” means a person aged under 18;
(b) “adult” means a person aged 18 or over.
(1) The registered medical practitioner who is responsible for the examination of a person detained under section 135 or 136 may, at any time before the expiry of the period of 24 hours mentioned in section 135(3ZA) or (as the case may be) 136(2A), authorise the detention of the person for a further period not exceeding 12 hours (beginning immediately at the end of the period of 24 hours).
(2) An authorisation under subsection (1) may be given only if the registered medical practitioner considers that the extension is necessary because the condition of the person detained is such that it would not be practicable for the assessment of the person for the purpose of section 135 or (as the case may be) section 136 to be carried out before the end of the period of 24 hours (or, if the assessment began within that period, for it to be completed before the end).
(3) If the person is detained at a police station, and the assessment would be carried out or completed at the station, the registered medical practitioner may give an authorisation under subsection (1) only if an officer of the rank of superintendent or above approves it.
(1) Where a warrant is issued under section 135(1) or (2), a constable may search the person to whom the warrant relates if the constable has reasonable grounds for believing that the person—
(a) may present a danger to himself or herself or to others, and
(b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.
(2) The power to search conferred by subsection (1) may be exercised—
(a) in a case where a warrant is issued under section 135(1), at any time during the period beginning with the time when a constable enters the premises specified in the warrant and ending when the person ceases to be detained under section 135;
(b) in a case where a warrant is issued under section 135(2), at any time while the person is being removed under the authority of the warrant.
(3) Where a person is detained under section 136(2) or (4), a constable may search the person, at any time while the person is so detained, if the constable has reasonable grounds for believing that the person—
(a) may present a danger to himself or herself or to others, and
(b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.
(4) The power to search conferred by subsection (1) or (3) is only a power to search to the extent that is reasonably required for the purpose of discovering the item that the constable believes the person to be concealing.
(5) The power to search conferred by subsection (1) or (3)—
(a) does not authorise a constable to require a person to remove any of his or her clothing other than an outer coat, jacket or gloves, but
(b) does authorise a search of a person’s mouth.
(6) A constable searching a person in the exercise of the power to search conferred by subsection (1) or (3) may seize and retain anything found, if he or she has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to others.
(7) The power to search a person conferred by subsection (1) or (3) does not affect any other power to search the person.
137 Provisions as to custody, conveyance and detention.
(1) Any person required or authorised by or by virtue of this Act to be conveyed to any place or to be kept in custody or detained in a place of safety or at any place to which he is taken under section 42(6) above shall, while being so conveyed, detained or kept, as the case may be, be deemed to be in legal custody.
(2) A constable or any other person required or authorised by or by virtue of this Act to take any person into custody, or to convey or detain any person shall, for the purposes of taking him into custody or conveying or detaining him, have all the powers, authorities, protection and privileges which a constable has within the area for which he acts as constable.
(3) In this section “convey” includes any other expression denoting removal from one place to another.
(1) If any person who is in legal custody by virtue of section 137 above escapes, he may, subject to the provisions of this section, be retaken—
(a) in any case, by the person who had his custody immediately before the escape, or by any constable or approved mental health professional;
(b) if at the time of the escape he was liable to be detained in a hospital within the meaning of Part II of this Act, or subject to guardianship under this Act, or a community patient who was recalled to hospital under section 17E above, by any other person who could take him into custody under section 18 above if he had absented himself without leave.
(2) A person to whom paragraph (b) of subsection (1) above applies shall not be retaken under this section after the expiration of the period within which he could be retaken under section 18 above if he had absented himself without leave on the day of his escape unless he is subject to a restriction order under Part III of this Act or an order or direction having the same effect as such an order; and subsection (4) of the said section 18 shall apply with the necessary modifications accordingly.
(3) A person who escapes while being taken to or detained in a place of safety under section 135 or 136 above shall not be retaken under this section —
(a) in a case where the person escapes while being removed to a place of safety in the execution of a warrant under section 135(1) or under section 136(1), after the end of the period of 24 hours beginning with the escape;
(b) in a case where the person escapes after the beginning of the period that is the permitted period of detention in relation to the person under section 135(3ZA) or 136(2A), after the end of that period (taking into account any authorisation under section 136B(1) that was given before the person escaped).
(4) This section, so far as it relates to the escape of a person liable to be detained in a hospital within the meaning of Part II of this Act, shall apply in relation to a person who escapes—
(a) while being taken to or from such a hospital in pursuance of regulations under section 19 above, or of any order, direction or authorisation under Part III or VI of this Act (other than under section 35, 36, 38, 53, 83 or 85) ... ; or
(b) while being taken to or detained in a place of safety in pursuance of an order under Part III of this Act (other than under section 35, 36 or 38 above) pending his admission to such a hospital,
as if he were liable to be detained in that hospital and, if he had not previously been received in that hospital, as if he had been so received.
(5) In computing for the purposes of the power to give directions under section 37(4) above and for the purposes of sections 37(5) and 40(1) above the period of 28 days mentioned in those sections, no account shall be taken of any time during which the patient is at large and liable to be retaken by virtue of this section.
(6) Section 21 above shall, with any necessary modifications, apply in relation to a patient who is at large and liable to be retaken by virtue of this section as it applies in relation to a patient who is absent without leave and references in that section to section 18 above shall be construed accordingly.
139 Protection for acts done in pursuance of this Act.
(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, . . . , unless the act was done in bad faith or without reasonable care.
(2) No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.
(3) This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.
(4) This section does not apply to proceedings against the Secretary of State or against NHS England , an integrated care board, a ... Local Health Board or Special Health Authority ... or against a National Health Service trust established under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 or NHS foundation trust or against the Department of Justice in Northern Ireland or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions.
(5) In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.
140 Notification of hospitals having arrangements for special cases.
It shall be the duty of every integrated care board and of ... every Local Health Board to give notice to every local social services authority for an area wholly or partly comprised within the area of the integrated care board or ... Local Health Board specifying the hospital or hospitals administered by or otherwise available to the integrated care board or ... Local Health Board in which arrangements are from time to time in force
(a) for the reception of patients in cases of special urgency;
(b) for the provision of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years.
142A Regulations as to approvals in relation to England and Wales
The Secretary of State jointly with the Welsh Ministers may by regulations make provision as to the circumstances in which—
(a) a practitioner approved for the purposes of section 12 above, or
(b) a person approved to act as an approved clinician for the purposes of this Act,
approved in relation to England is to be treated, by virtue of his approval, as approved in relation to Wales too, and vice versa.
142B Delegation of powers of managers of NHS foundation trusts
(1) The constitution of an NHS foundation trust may not provide for a function under this Act to be delegated otherwise than in accordance with provision made by or under this Act.
(2) Paragraph 15(3) of Schedule 7 to the National Health Service Act 2006 (which provides that the powers of a public benefit corporation may be delegated to a committee of directors or to an executive director) shall have effect subject to this section.
142C Human Rights Act 1998: extension to certain private care providers
(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.
143 General provisions as to regulations, orders and rules.
(1) Any power of the Secretary of State or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.
(2) Any Order in Council under this Act or any order made by the Secretary of State under section 54A or 68A(7)or 65aboveand any statutory instrument containing regulations made by the Secretary of State, or rules made, under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) No order shall be made by the Secretary of State under section 45A(10),68A(1) , 71(3) or 75(2F) above unless a draft of it has been approved by a resolution of each House of Parliament.
(3A) Subsections (3B) to (3DB) apply where power to make regulations or an order under this Act is conferred on the Welsh Ministers (other than by or by virtue of the Government of Wales Act 2006).
(3B) Any power of the Welsh Ministers to make regulations or an order shall be exercisable by statutory instrument.
(3C) Any statutory instrument containing regulations, or an order under section 68A(7) above, made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3D) No order shall be made under section 68A(1) above by the Welsh Ministers unless a draft of it has been approved by a resolution of the National Assembly for Wales.
(3DA) Subsection (3C) does not apply to regulations to which subsection (3DB) applies.
(3DB) A statutory instrument which contains (alone or with other provisions) the first regulations to be made under any of the following provisions–
(a) section 130E(2),
(b) section 130E(4)(b),
(c) section 130E(5)(b),
(d) section 130F(2)(d),
(e) section 130G(2)(c), or
(f) section 130H(1)(b)(ii),
must not be made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the National Assembly for Wales.
(3E) In this section—
(a) references to the Secretary of State include the Secretary of State and the Welsh Ministers acting jointly; and
(b) references to the Welsh Ministers include the Welsh Ministers and the Secretary of State acting jointly.
(4) This section does not apply to rules which are, by virtue of section 108 of this Act, to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.
(1) In this Act, unless the context otherwise requires—
“absent without leave” has the meaning given to it by section 18 above and related expressions (including expressions relating to a patient's liability to be returned to a hospital or other place) shall be construed accordingly;
“application for admission for assessment” has the meaning given in section 2 above;
“application for admission for treatment” has the meaning given in section 3 above;
“the appropriate tribunal” has the meaning given by section 66(4) above;
“approved clinician” means a person approved by the Secretary of State or another person by virtue of section 12ZA or 12ZB above (in relation to England) or by the Welsh Ministers (in relation to Wales) to act as an approved clinician for the purposes of this Act;
“approved mental health professional” has the meaning given in section 114 above;
“care home”—
has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and
means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;
“community patient” has the meaning given in section 17A above;
“community treatment order” and “the community treatment order” have the meanings given in section 17A above;
“the community treatment period” has the meaning given in section 20A above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“deprivation of liberty” and related expressions are to be construed in accordance with section 64(5) and (6) of the Mental Capacity Act 2005;
“high security psychiatric services” has the same meaning as in the section 4 of the National Health Service Act 2006 or section 4 of the National Health Service (Wales) Act 2006,
“hospital” means—
any health service hospital within the meaning of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006; and
any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under that Act;; and
any hospital as defined by section 206 of the National Health Service (Wales) Act 2006 which is vested in a Local Health Board;
“hospital within the meaning of Part II of this Act” has the meaning given in section 34 above;
“hospital direction” has the meaning given in section 45A(3)(a) above;
“hospital order” and “guardianship order” have the meanings respectively given in section 37 above;
“independent hospital”—
in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and
in relation to Wales, has the same meaning as in the Care Standards Act 2000;
“interim hospital order” has the meaning given in section 38 above;
“limitation direction” has the meaning given in section 45A(3)(b) above;
“Local Health Board” means a Local Health Board established under section 11 of the National Health Services (Wales) Act 2006;
“local social services authority” means—
an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, or
an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales) Act 2014.
“the managers” means—
in relation to a hospital vested in the Secretary of State for the purposes of his functions under the the National Health Service Act 2006, or in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006,, and in relation to any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under the National Health Service Act 2006, or of the Welsh Ministers under the National Health Service (Wales) Act 2006, the Secretary of State where the Secretary is responsible for the administration of the hospital orthe ... ... Local Health Board or Special Health Authority responsible for the administration of the hospital;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to a hospital vested in ... a National Health Service trust,... the trust
in relation to a hospital vested in an NHS foundation trust, the trust;
in relation to a hospital vested in a Local Health Board, the Board;
in relation to a registered establishment—
if the establishment is in England, the person or persons registered as a service provider under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the regulated activity (within the meaning of that Part) relating to the assessment or medical treatment of mental disorder that is carried out in the establishment, and
if the establishment is in Wales, the person or persons registered in respect of the establishment under Part 2 of the Care Standards Act 2000;
and in this definition “hospital” means a hospital within the meaning of Part II of this Act;
“medical treatment” includes nursing, psychological intervention and specialist mental health habilitation, rehabilitation and care (but see also subsection (4) below);
“mental disorder” has the meaning given in section 1 above (subject to section 86(4));
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“nearest relative”, in relation to a patient, has the meaning given in Part II of this Act;
“patient”... means a person suffering or appearing to be suffering from mental disorder;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“registered establishment” has the meaning given in section 34 above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the regulatory authority” means—
in relation to England, the Care Quality Commission;
in relation to Wales, the Welsh Ministers;
“the responsible hospital” has the meaning given in section 17A above;
“restriction direction” has the meaning given to it by section 49 above;
“restriction order” has the meaning given to it by section 41 above;
“Special Health Authority” means a Special Health Authority established under section 28 of the National Health Service Act 2006, or section 22 of the National Health Service (Wales) Act 2006;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“transfer direction” has the meaning given to it by section 47 above.
(1AA) Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act.
(1AB) References in this Act to appropriate medical treatment shall be construed in accordance with section 3(4) above.
(1AC) References in this Act to an approved mental health professional shall be construed as references to an approved mental health professional acting on behalf of a local social services authority, unless the context otherwise requires.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In relation to a person who is liable to be detained or subject to guardianship or a community patient by virtue of an order or direction under Part III of this Act (other than under section 35, 36 or 38), any reference in this Act to any enactment contained in Part II of this Act or in section 66 or 67 above shall be construed as a reference to that enactment as it applies to that person by virtue of Part III of this Act.
(4) Any reference in this Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.
Sections 42(6), 80, ... ... 116, ... ... 137, 139(1), ... 142, 143 (so far as applicable to any Order in Council extending to Scotland) and 144 above shall extend to Scotland together with any amendment or repeal by this Act of or any provision of Schedule 5 to this Act relating to any enactment which so extends; but, except as aforesaid and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Scotland.
Sections 81, 82, 86, 87, 88 (and so far as applied by that section sections 18, 22 and 138), ... section 128 (except so far as it relates to patients subject to guardianship), 137, 139, ... 142, 143 (so far as applicable to any Order in Council extending to Northern Ireland) and 144 above shall extend to Northern Ireland together with any amendment or repeal by this Act of or any provision of Schedule 5 to this Act relating to any enactment which so extends; but except as aforesaid and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Northern Ireland.
148 Consequential and transitional provisions and repeals.
(1) Schedule 4 (consequential amendments) and Schedule 5 (transitional and saving provisions) to this Act shall have effect but without prejudice to the operation of sections 15 to 17 of the Interpretation Act 1978 (which relate to the effect of repeals).
(2) Where any amendment in Schedule 4 to this Act affects an enactment amended by the Mental Health (Amendment) Act 1982 the amendment in Schedule 4 shall come into force immediately after the provision of the Act of 1982 amending that enactment.
(3) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.
149 Short title, commencement and application to Scilly Isles.
(1) This Act may be cited as the Mental Health Act 1983.
(2) Subject to subsection (3) below and Schedule 5 to this Act, this Act shall come into force on 30th September 1983.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Section 130(4) of the National Health Service Act 1977 (which provides for the extension of that Act to the Isles of Scilly) shall have effect as if the references to that Act included references to this Act.
SCHEDULE 1 Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders
Sections 40(1), 41(3) and (5), and 55(4).
Part I Patients Not Subject to Special Restrictions
1 Sections 9, 10, 17 to 17C, 17E, 17F, 20A , 21 to 21B, ... 26 to 28, 31, 32, 67 and 76 shall apply in relation to the patient without modification.
2 Sections . . . 17D, 17G, 18 to 20, 20B, 22, 23 . . . , 66 and 68 shall apply in relation to the patient with the modifications specified in paragraphs 2Ato 10 below.
2A In section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.
2B In section 17G—
(a) in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below;
(b) in subsection (4) for paragraphs (a) and (b) there shall be substituted the words the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital; and
(c) in subsection (5) for the words from “the patient” to the end there shall be substituted the words the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked.
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4 In section 18 subsection (5) shall be omitted.
5 In section 19(2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained or subject to guardianship before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred, or placing him under the guardianship of the authority or person into whose guardianship he is transferred, as the case may be”.
5A In section 19A(2), paragraph (b) shall be omitted.
6 In subsection 20—
(a) in subsection (1) for the words from “day on which he was” to “as the case may be” there shall be substituted the words “date of the relevant order or direction under Part III of this Act”; . . .
(b) . . .
6A In section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.
7 In section 22 for references to an application for admission or a guardianship application there shall be substituted references to the order or direction under Part III of this Act by virtue of which the patient is liable to be detained or subject to guardianship.
8 In section 23(2)—
(a) in paragraph (a) the words “for assessment or” shall be omitted; and
(b) in paragraphs (a) to (c) the references to the nearest relative shall be omitted.
8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 In section 66—
(a) in subsection (1), paragraphs (a), (b), (c), (g) and (h), the words in parenthesis in paragraph (i) and paragraph (ii) shall be omitted; and
(b) in subsection (2), paragraphs (a), (b), (c) , (d) and (g) shall be omitted..
10 In section 68—
(a) in subsection (1) paragraph (a) shall be omitted; and
(b) subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1), but not otherwise.
Part II Patients Subject to Special Restrictions
1 Sections ... 32 and 76 shall apply in relation to the patient without modification.
2 Sections 17, 18, 19 , 22, 23 and 34 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 8 below.
3 In section 17—
(a) in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;
(aa) subsections (2A) and (2B) shall be omitted;
(b) in subsection (4) after the words “the responsible clinician” and after the words “that clinician” there shall be inserted the words “or the Secretary of State”; and
(c) in subsection (5) after the word “recalled” there shall be inserted the words “by the responsible clinician” , and for the words from “he has ceased” to the end of the subsection there shall be substituted the words “the expiration of the period of twelve months beginning with the first day of his absence on leave”.
4 In section 18 there shall be omitted—
(a) in subsection (1) the words “subject to the provisions of this section”; and
(b) subsections (3), (4) and (5).
5 In section 19—
(a) in subsection (1) after the word “may” in paragraph (a) there shall be inserted the words “with the consent of the Secretary of State”, and the words from “or into” to the end of the subsection shall be omitted;. . .
(b) in subsection (2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred”; and
(c) in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.
6 In section 22, subsections (1) and (5) shall not apply.
7 In section 23—
(a) in subsection (1) references to guardianship shall be omitted and after the word “made” there shall be inserted the words “with the consent of the Secretary of State and” and
(b) in subsection (2)—
(i) in paragraph (a) the words “for assessment or” and “or by the nearest relative of the patient” shall be omitted; and
(ii) paragraph (b) shall be omitted.
8 In section 34, in subsection (1) the definition of “the nominated medical attendant” and subsection (3) shall be omitted.
SCHEDULE 2 Mental Health Review Tribunal for Wales
Section 65(2).
1 (1) The Mental Health Review Tribunal for Wales shall consist of—
(a) a number of persons (referred to in this Schedule as “the legal members”) appointed by the Lord Chancellor and having such legal experience as the Lord Chancellor considers suitable;
(b) a number of persons (referred to in this Schedule as “the medical members”) being registered medical practitioners appointed by the Lord Chancellor ... ; and
(c) a number of persons appointed by the Lord Chancellor . . . and having such experience in administration, such knowledge of social services or such other qualifications or experience as the Lord Chancellor considers suitable.
(2) In sub-paragraph (1)(b), “registered medical practitioner” means a fully registered person within the meaning of the Medical Act 1983 (whether or not that person holds a licence to practise under that Act).
(3) If, before the coming into force of sub-paragraph (2), a person appointed as a medical member under this paragraph did not hold a licence to practise under the Medical Act 1983 (whether at the time of appointment or at any other time), that fact does not affect the validity of—
(a) the person’s appointment to the Mental Health Review Tribunal for Wales, or
(b) the person’s membership of that tribunal during that period.
1A As part of the selection process for an appointment under paragraph 1(b) or (c) the Judicial Appointments Commission shall consult the Secretary of State.
2 Subject to paragraph 2A below,the members of the Mental Health Review Tribunal for Wales shall hold and vacate office under the terms of the instrument under which they are appointed, but may resign office by notice in writing to the Lord Chancellor; and any such member who ceases to hold office shall be eligible for re-appointment.
2A A member of the Mental Health Review Tribunal for Wales shall vacate office on the day on which he attains the age of 75.
3 (1) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for England to be the President of that tribunal.
(2) The Lord Chancellor shall appoint one of the legal members of the Mental Health Review Tribunal for Wales to be the President of that tribunal.
4 Subject to rules made by the Lord Chancellor under section 78(2)(c) above, the members who are to constitute the Mental Health Review Tribunal for Wales for the purposes of any proceedings or class or group of proceedings under this Act shall be appointed by the President of the tribunal or ..., by another member of the tribunal appointed for the purpose by the President; and of the members so appointed—
(a) one or more shall be appointed from the legal members;
(b) one or more shall be appointed from the medical members; and
(c) one or more shall be appointed from the members who are neither legal nor medical members.
5 (1) A member of the First-tier Tribunal who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the Senior President of Tribunals, act as a member of the Mental Health Review Tribunal for Wales.
(1A) A member of a tribunal listed in section 59 of the Wales Act 2017 (the Welsh tribunals) who is not a member of the Tribunal but who is eligible to decide any matter in a case under this Act may, at the request of the President of the Mental Health Review Tribunal for Wales and with the approval of the President of Welsh Tribunals, act as a member of the Mental Health Review Tribunal for Wales.
(2) Every person while acting under this paragraph may perform any of the functions of a member of the Mental Health Review Tribunal for Wales.
(3) Until section 38(7) of the Mental Health Act 2007 comes into force, the reference in sub-paragraph (1) or (1A) to the President of the Mental Health Review Tribunal for Wales is to be read as a reference to the chairman of the tribunal.
6 Subject to any rules made by the Lord Chancellor under section 78(4)(a) above, where the President of the tribunal is included among the persons appointed under paragraph 4 above, he shall be chairman of the tribunal; and in any other case the chairman of the tribunal shall be such one of the members so appointed (being one of the legal members) as the President may nominate.