HL Deb 12 July 1960 vol 225 cc155-7

4.6 p.m.

Committee stage resumed.

LORD CRAIGTON

Your Lordships will observe that, apart from the first two lines, this Amendment substitutes for existing terminology the description of mental disorder as in the last series of Amendments. With your Lordships' permission I should like to discuss the first two lines together with all the Amendments from No. 23 to the last one, No. 28. The effect of this Amendment is to repeal in various Acts provisions for a special procedure for the reception into mental hospitals of Service personnel discharged as of unsound mind. A process begun by the Mental Health Act, 1959, is thus completed for the whole of the United Kingdom. After this, Service personnel discharged because of mental disorder and detained in hospital will be dealt with under the appropriate legislation of the country concerned. I beg to move.

Amendment moved— Page 96, line 45, leave out from beginning to end of line 47 and insert ("Section three shall cease to have effect.

The Merchant Shipping Act, 1894 (57 & 58 Vict. c. 60)

In section fifty-five, in subsection (1), as it applies to Scotland, for the word 'lunacy' there shall be substituted the words 'mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.

The Friendly Societies Act, 1896 (59 & 60 Vict. c. 25)

In section thirty-four, as it applies to Scotland, for the words 'becomes lunatic' there shall be substituted the words 'is suffering from mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.").—(Lord Craigton.)

On Question, Amendment agreed to.

LORD CRAIGTON

I should like to discuss this Amendment with No. 21. The latter part of No. 21 is again an alteration in the nomenclature. The rest of these Amendments gives patients in Northern Ireland who are receiving treatment for mental disorder the same protection from recall to the colours as will be afforded elsewhere in the United Kingdom. I beg to move.

Amendment moved— Page 99, line 8, at end insert ("or in a hospital or institution within the meaning of the Mental Health Act (Northern Ireland), 1948,").—(Lord Craigton.)

On Question, Amendment agreed to.

LORD CRAIGTON

I beg to move.

Amendment moved— Page 99, line 10, at end add ("or, as the case may be, of the Northern Ireland Hospitals Authority.

The Legal Aid and Solicitors (Scotland) Act, 1949

(12 & 13 Geo. 6. c. 63)

In section nineteen, in subsection three, for the word 'insanity' there shall be substituted the words 'mental disorder within the meaning of the Mental Health (Scotland) Act, 1960'.

In the Fifth Schedule, for the word 'insanity', wherever occurring, there shall be substituted the words 'mental disorder within the meaning of the Mental Health (Scotland) Act, 1960; in paragraph 4, for the words 'upon an order or warrant being granted for the detention of a solicitor as a lunatic' there shall be substituted the words 'where in pursuance of the Mental Health (Scotland) Act, 1960, a solicitor is, by reason of mental disorder, admitted to a hospital and becomes liable to be detained therein or becomes subject to guardianship,', for the words 'any such order or warrant remains in force' there shall be substituted the words 'he continues to be so liable or so subject', and in the proviso to the said paragraph, for the words 'the order or warrant ceases to be in force' there shall be substituted the words 'he ceases to be liable to be detained or subject to guardianship'.").— (Lord Craigton.)

On Question, Amendment agreed to.

LORD CRAIGTON

I beg to move.

Amendment moved— Page 99, line 35, leave out ("and (3)") and insert (",(3) and (4)").—(Lord Craigton.)

On Question, Amendment agreed to.

LORD CRAIGTON

I beg to move.

Amendment moved— Page 101, line 6, leave out lines 6 to 11 and insert—

("The Army Act, 1955 (3 & 4 Eliz. 2. c. 18)

Section sixteen shall cease to have effect.

The Air Force Act, 1955 (3 & 4 Eliz. 2. c. 19)

Section sixteen shall cease to have effect."). —(Lord Craigton.)

On Question, Amendment agreed to.

Fourth Schedule, as amended, agreed to.

Fifth Schedule [Enactments Repealed]:

LORD CRAIGTON

I beg to move.

Amendment moved—

Page 103, line 18, at end insert—

("47 & 48 Viet. c. 46. The Naval Enlist merit Act, 1884. Section three.")

—(Lord Craigton.)

On Question, Amendment agreed to.

LORD CRAIGTON

I beg to move.

Amendment moved— Page 105, line 10, column 3, leave out from beginning to end of line 15 and insert ("Section sixteen".).—(Lord Craigton.)

On Question, Amendment agreed to.

LORD CRAIGTON

I beg to move.

Amendment moved—

Page 105, line 16, column 3, leave out from beginning to end of line 21 and insert ("Section sixteen").—(Lord Craigton.)

On Question, Amendment agreed to.

LORD CRAIGTON

I beg to move.

Amendment moved—

Page 105, line 21, at end insert—

("3 & 4 Eliz. 2. c.20 The Revision of the Army and Air Force Acts (Transitional Provisions) Act, 1955. In the Second Schedule, paragraph 2 (entry relating to the Naval Enlistment Act, 1884); sub-paragraph (6) of paragraph 14; sub-paragraph 18." —(Lord Craigton.)

—(Lord Craigton.)

On Question, Amendment agreed to.

LORD CRAIGTON

I beg to move.

Amendment moved— Page 105, line 54, column 3, leave out from ("II") to the end of line 58 and insert ("the amendments to the Naval Enlistment Act, 1884, the Army Act, 1955, the Air Force Act. 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act, 1955")—(Lord Craigton.)

On Question, Amendment agreed to.

Fifth Schedule, as amended, agreed to.

House resumed.