§ 75 Page 34, line 15, leave out 'this section' and insert 'subsections (1) and (2) above'.
76 Page 34, line 16, at end insert—
'(4) The managers of a hospital or mental nursing home 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.
(5) Section 52(5) of the principal Act (effect of order substituting acting nearest relative) shall have effect as if subsection (4) above were contained in Part IV of that Act.'.
§ 77 After Clause 46, insert the following new clause:
§ "Duty of managers of hospitals to inform nearest relative of discharge of detained patients
§ .—(1) Where a patient liable to he detained under the principal Act of this Act in a hospital or mental nursing home is to he discharged otherwise than by virtue of an order for discharge made by his nearest relative, the managers of the hospital or mental nursing home shall, subject to subsection (2) below, take such steps as are practicable to inform the person (if any) appearing to them to he the nearest relative of the patient; and that information shall, if practicable, be given at least seven days before the date of discharge.
§ (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.
§ (3) Section 52(5) of the principal Act (effect of order substituting acting nearest relative) shall have effect as if this section were contained in Part IV of that Act."549
§ Lord Lyell
My Lords, I beg to move that the House doth agree with the Commons in their Amendments Nos. 75 to 77 en bloc. As your Lordships will be aware, Clause 46 was added by your Lordships' House following a suggestion by the noble Lord, Lord Winstanley, to ensure that detained patients are given information about their rights. Amendments Nos. 75 to 77 build on that clause by requiring that, subject to practicalities and the wishes of the patient and his family, the hospital managers also have a duty to give the nearest relative information about the patient's legal status and rights, and to tell the nearest relative when the patient is about to be discharged. I hope that your Lordships will agree to these three amendments. My Lords, I beg to move.
Moved, That this House doth agree with the Commons in the said amendments.—(Lord Lyell.)
My Lords, in agreeing to these amendments, which I most certainly do—and, of course, I welcome the principle and am grateful to the noble Lord for what he said—may I say that in Amendment No. 76 there is a reference toThe managers of a hospital or mental nursing home",who now have this important responsibility. May I ask the noble Lord whether I am correct in my understanding that the Secretary of State is manager of the special hospitals—that is, Rampton, Broadmoor and so on? If that is true, does the Secretary of State have this responsibility as outlined here?
§ Lord Lyell
My Lords, with leave, I am given to understand that that is not the case. It is, indeed, local managers who are responsible for the maintenance and welfare of the hospitals, and it is local managers who are defined as "managers" in this amendment.
§ On Question, Motion agreed to.