HL Deb 27 October 1982 vol 435 cc562-4

Mentally disordered persons

A person who suffers or has suffered from mental illness, psychopathic disorder, mental handicap or severe mental handicap and on account of that condition either—

  1. (a) is resident in a hospital or other similar institution; or
  2. (b) regularly attends for treatment by a medical practitioner.
A person for the time being in guardianship under section 33 of the Mental Health Act 1959. A person who, under Part VIII of that Act, has been determined by a judge to he incapable, by' reason of mental disorder, of managing and administering his property and affairs. (in this Group—
  1. (a) 'mental handicap' means a state of arrested or incomplete development of mind (not amounting to severe mental handicap) which includes significant impairment of intelligence and social functioning:
  2. (b) 'severe mental handicap' means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning:
  3. (c) other expressions are to be construed in accordance with the said Act of 1959.)".'.

112 Schedule 2, page 51, line 42, leave out from '(4)' to 'section' in line 43 and insert 'at the end of the definition of "convicted mental patient" there shall be inserted the words "or a person liable to be detained under".'.

113 Page 52, line 5, leave out from '(4)' to 'section' in line 6 and insert 'at the end of the definition of "convicted mental patient" there shall he inserted the words "or a person liable to be detained under".'.

114 Page 52, line 7, at end insert—

'The Nursing Homes Act 1975

47A. In section 3(2)(c) after the words "the Mental Health Act 1959" there shall be inserted the words "or the Mental Health (Amendment) Act 1982".

47B. In section 10(2) after the words "the Mental Health Act 1959" there shall he inserted the words "or the Mental Health (Amendment) Act 1982".'.

115 Page 52, line 9, leave out from '(c)' to 'or' in line 10 and insert 'for the words "the said Act of 1959" there shall be substituted the words "the Mental Health Act 1959'.

116 Page 52, line 12, at end insert— '48A. In section 4 after the words "the Mental Health Act 1959" there shall be inserted the words "or the Mental Health (Amendment) Act 1982".'.

117 Page 53, line 4, at end insert—

'The Supreme Court Act 1981

'53A. In section 48—

  1. (a) in subsection (6)(a) for the words "an order restricting discharge" there shall be substituted the words "a restriction order, and an interim hospital order under the Mental Health (Amendment) Act 1982";
  2. (b) after subsection (6) there shall be inserted—
(7) The fact that an appeal is pending against an interim hospital order under the said Act of 1982 shall not affect the power of the magistrates' court that made it to renew or terminate the order or to deal with the appellant on its termination: and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates' court. (8) Where the Crown Court makes an interim hospital order by virtue of subsection (2)—
  1. (a) the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates' court whose decision is appealed against and not by the Crown Court: and
  2. (b) that magistrates' court shall be treated for the purposes of section 30(8) of the said Act of 1982 (absconding offenders) as the court that made the order".'.

118 Page 53, line 35, leave out 'subsection (1)' and insert 'subsections (1) and (1C)'.

119 Schedule 3, page 55, line 43, column 3, at end insert— 'In section 103, in subsection (1)(d) and (dd) the words from "so however" onwards and in subsection (3) the words from the beginning to "and", where it first occurs.'

120 Schedule 3, page 55, line 47, column 3, at end insert— 'Section 144(2).'

121 Page 56, line 11 at end insert—

'In Schedule 7, in Part II, the entry relating to the Representation of the People Act 1949.
8 & 9 Eliz. 2. c. 61 The Mental Health (Scotland) Act 1960. In Schedule 4, the entry relating to the Representation of the People Act 1949.
1961 c. 15 (N.I.). The Mental Health Act (Northern Ireland) 1961. In Schedule 5, paragraph 5.
1967 c. 60. The Sexual Offences Act 1967. In section 1(3) the words "within the meaning of the Mental Health Act 1959".'.

122 Schedule 4, page 59, line 2, leave out 'Subsection (1) of section 41' and insert 'Subsection (3) of section (Treatment requiring consent or a second opinion).

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 86 to 122. In speaking a moment ago I added a caveat that if any of your Lordships wished me to explain briefly the purpose of any of the amendments I would gladly do so, but answer came there none from any part of your Lordships' House. I have the strongest advice from the noble and learned Lord who sits upon the Woolsack that these amendments shall be taken formally, and therefore I beg to move.

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

On Question, Motion agreed to.