HL Deb 27 October 1982 vol 435 cc539-40

43 Clause 40, page 28, line 20, after 'Office', insert '(a)'.

44 Clause 40, page 28, line 21, leave out 'and any such request' and insert 'or (b) subject to subsection (3) below, if the hospital is a special hospital and the managers of the hospital consider that the postal packet is likely—

  1. (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
  2. (ii) to cause danger to any person;
and any request for the purpoes of paragraph (a) above'.

45Clause 40, page 28, line 28, leave out from first 'of' to 'it' in

Clause 40, page 28, line 29 and insert 'the managers of the hospital,'.

46 Clause 40, page 28, leave out line 32 and insert— '(3) Subsections (1)(b) and (2) above do not apply to any postal packet addressed by a patient to, or'.

47 Page 29, line 13, leave out subsections (4), (5) and (6) and insert— '(4) The managers of a hospital may inspect and open any postal packet for the purposes of determining whether it is one to which subsection (1) or (2) above applies and, if so, for determining 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 a case under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall he in writing and shall contain a statement of the effect of section 45(3D) and (3E) below. (6A) The functions of the managers of a hospital under this section shall he discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose, and diffeerent persons may be appointed to discharge different functions.'

48 Page 29, line 32, leave out '"hospital" includes a mental nursing home:'.

49 Page 29, line 35, at end insert— '(8A) References in this section to a hospital shall be construed as references to a hospital within the meaning of Part IV of the principal Act.'.

Lord Trefgarne

My Lords, with your Lordships' permission, I beg to move that this House doth agree with the Commons in their Amendments Nos. 43 to 49 en bloc. The provisions on patients' correspondence have been amended so that letters from special hospital patients can be withheld if they would be likely to cause distress or danger to the addressee or some other person. There will be a right of appeal to the Mental Health Act Commission—and that is important—by the patient or by anyone whose letter to a patient is withheld from him. I hope your Lordships' will see the merits of these proposals and agree with these amendments.

Moved, That this House doth agree with the Commons in the said amendments—(Lord Trefgarne.)

On Question, Motion agreed to.