HL Deb 12 May 1983 vol 442 cc621-34

6.24 p.m.

Lord Lyell

My Lords, on behalf of my noble friend Lord Mansfield, I beg to move that the Commons Amendments be now considered.

Moved, That the Commons Amendments be now considered.—(Lord Lyell.)

On Question, Motion agreed to.

COMMONS AMENDMENTS

[References are to Bill [82] as printed for the Commons.]

1 Clause 1, page 2, line 19, at end insert "; and such determination may make different provision for different cases or different classes of case.".

2 Clause 1, page 2, line 26, leave out "and".

3 Clause 1, page 2, line 28, at end insert"; and (c) section 86 (which provides for the auditing and examination of accounts).".

4 Clause 2, page 2, line 35, leave out from "(2)" to end of line 39 and insert "after paragraph (b) there shall be inserted the following paragraph— '(bb) in any case where—

  1. (i) the authority for the detention of a patient
    1. (A) has been renewed for a period of one or two years under section 39(2)(b) of this Act; and
    2. (B) is renewed for a further period of one year under that section; and
  2. (ii) the patient has not, during the period referred to in sub-paragraph (i)(A) of this paragraph—
    1. (A) appealed to the sheriff under section 39(7) of this Act; or
    2. (B) been visited by the Mental Welfare Commission under paragraph (b) of this subsection,
to visit the patient before the expiry of the period of one year referred to in sub-paragraph (i)(B) of this paragraph, unless the patient has previously been discharged, and on any such visit to afford an opportunity, on request, for private interview to any such patient;'.".

5 Clause 2, page 3, line 23, leave out "to whom section 60E of this Act applies" and insert "mentioned in section 60E(1) or (2) of this Act".

6 Clause 4, page 4, line 22, leave out from first "or" to "of" in line 23 and insert "as mentioned in paragraph (b)(i)".

7 Clause 4, page 4, line 26, at end insert "; and such determination may make different provision for different cases or different classes of case.".".

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 1 to 7. These are amendments to Clauses 1, 2 and 4. They all concern the Mental Welfare Commission. They are mainly of a minor or technical nature. However, Amendment No. 4 is worthy of attention. This amendment will ensure that there is an independent review by the commission of each detained patient at least every other year. Only a small proportion of detained patients remain in hospital for years on end, but it is important that these patients should be seen periodically by an outside agency to ensure that the continuation of their detention is not treated as a matter of routine because they have not availed themselves of their right to appeal for discharge. The Mental Welfare Commission already has a duty to visit patients regularly. Amendment No. 4 makes explicit provision for the intervals at which patients are to be visited.

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

On Question, Motion agreed to.

COMMONS AMENDMENTS

8 Clause 7, page 5, leave out from beginning of line 29 to end of line 10 on page 6 and insert—

"'Appointment of mental health officers.

7B.—(1) A local authority shall appoint a sufficient number of persons for the purpose of discharging in relation to their area the functions of mental health officers under this Act.

(2) Any officer appointed by a local authority to act as a mental health officer after the date of coming into force of section 64(4) of the Local Government (Scotland) Act 1973 (that is to say, 16th May 1975) but before the coming into force of section 7 of the Mental Health (Amendment) (Scotland) Act 1983 shall he deemed to have been appointed under subsection (1) of this section as if that subsection and section 64(5)(bb) of the said Act of 1973 had come into force on 16th May 1975.

(3) On and after a day appointed by the Secretary of State by order no person shall be appointed to act as a mental health officer under subsection (1) of this section unless he is approved by the local authority as having competence in dealing with persons who are suffering from mental disorder; and before appointing a person to act as a mental health officer, a local authority shall—

  1. (a) ensure that the person has such qualifications, experience and competence in dealing with persons who are suffering from mental disorder; and
  2. (b) have regard to such other matters, as the Secretary of State may direct.

(4) No person appointed to act as a mental health officer before the appointed day shall continue so to act on or after the appointed day unless—

  1. (a) he is approved by the local authority as having competence in dealing with persons who are suffering from mental disorder; and
  2. (b) the local authority are satisfied that he has such qualifications, experience and competence in dealing with persons who are suffering from mental disorder as the Secretary of State may direct.'.".

9 clause 7, page 7, line 28, after "'reception'", insert "where it first occurs".

10 clause 7, page 7, line 33, leave out "the" and insert "a".

11 clause 7, page 7, line 38, at end insert "as soon as practicable and, in any event, not later than seven days before the expiry of the period of twenty-eight days beginning with the day on which the patient was admitted to a hospital—".

12 clause 7, page 7, line 41, after "officer", and the Mental Welfare Commission".

13 clause 7, page 7, line 42, at end insert ", unless he has done so under section 32A(5) of this Act within the previous twenty-eight days"."

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 8 to 13. These amendments all relate to Clause 7 of the Bill, which deals with the appointment of mental health officers. This clause received considerable attention from your Lordships before it went to the other place. Your Lordships know that further improvements have been made to the clause. The first amendment makes it quite clear that on and after a day to be appointed no person who is not suitably qualified may continue to act as a mental health officer. The remaining amendments clarify and improve the provisions which specify the functions of mental health officers.

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

On Question, Motion agreed to.

COMMONS AMENDMENTS

14 Clause 8, page 9, leave out lines 11 to 15 and insert— (c) for subsection (4) there shall he substituted the following subsection— '(4) A guardianship application shall be founded on and accompanied by two medical recommendations in the prescribed form and a recommendation by a mental health officer in such form; and

  1. (a) each medical recommendation shall include—
    1. (i) a statement of the form of mental disorder from which the patient is suffering being mental illness or mental handicap or both; and
    2. (ii) a statement that the ground set out in subsection (1A)(a) of this section applies in relation to the patient,
    being statements of opinion, together with the grounds on which those statements are based;
  2. (b) the recommendation by the mental health officer shall include—
    1. (i) a statement, being a statement of opinion, that the ground set out in subsection (1A)(b) of this section applies in relation to the patient, together with the grounds on which the statement is based; and
    2. (ii) a statement as to whether he is related to the patient and of any pecuniary interest that he may have in the reception of the patient into guardianship.'."

15 Clause 10, page 10, line 13, leave out from "officer" to end of line 17 and insert— — (a) within the period of seven days ending on the twenty-eighth day after his admission—

  1. (i) to examine the patient or to obtain from another medical practitioner a report on the condition of the patient; and
  2. (ii) to consult such other person or persons who appear to him to be principally concerned with the patient's medical treatment; and".

16 Clause 10, page 10, line 31, after "patient", insert ", the local authority".

17 Clause 10, page 12, line 2, leave out "six" and insert "two".

18 Clause 14, page 13, line 13, after "persons;" insert— (aa) where consent to the continued detention has not been obtained such report shall include a statement of the reasons for not obtaining such consent;".

19 Clause 14, page 13, line 34, at end insert "not later than seven days after the patient was detained".

20 Clause 14, page 13, line 38, at end insert ", as soon as practicable and, in any event, not later than 7 days before the expiry of the period of 28 days referred to in subsection (3) of this section.".

21 Clause 14, page 13, line 40, at end insert "and the Mental Welfare Commission".

22 Clause 14, page 14, line 3, at end insert— (7) A patient who has been detained in a hospital under this section shall not be further detained under this section nor detained under section 31 of this Act immediately after the expiry of the period of detention under this section.".

23 Clause 16, page 14, line 36, leave out from beginning to "for" in line 40 and insert—

  1. "(a) in subsection (1) for the words 'one year' there shall be substituted the words 'six months';
  2. (b) in subsection (2)—
    1. (i) for the words 'one year' there shall he substituted the words 'six months'; and
    2. (ii) for die words 'two years' in both places where they occur there shall be substituted the words 'one year';

24 Clause 16, page 14, line 43, leave out from beginning to "liable" in line 5 on page 15, and insert "on the day when a patient who is".

25 Clause 16, page 15, line 6, after "Act", insert "would cease to be so liable under this section".

26 Clause 16, page 15, line 6, leave out lines 26 to 38 and insert— (c) for subsection (4) there shall he substituted the following subsection '(4) Within the period of two months ending with the day on which a patient who is subject to guardianship under this Part of this Act would cease under this section to be so liable in default of the renewal of the authority for his guardianship, it shall be the duty—

  1. (a) of the responsible medical officer to examine the patient or to obtain from another medical practitioner a report on the condition of the patient; and, if it appears to him that the ground set out in section 25(1A)(a) of this Act continues to apply in relation to the patient, to furnish to such mental health officer as the local authority concerned may direct a report to that effect in the prescribed form along with the report first mentioned if such a report has been obtained; and
  2. (b) of the mental health officer to consider whether the ground set out in section 25(1A)(b) of this Act continues to apply in relation to the patient and, if it appears to him that it does continue so to apply, to furnish to the local authority concerned and to the Mental Welfare Commission a report to that effect in the prescribed form along with the report or reports furnished to him under paragraph (a) of this subsection.'."

27 Clause 16, page 15, line 42, leave out from beginning to end of line 5 on page 16.

28 Clause 17, page 16, leave out from beginning of line 36 to end of line 10 on page 17 and insert— (a) for subsection (2) there shall be subsituted the following subsections—

  1. '(2) The responsible medical officer or the Mental Welfare Commission shall make an order for discharge in respect of a patient where he is or they are satisfied—
    1. (a) in the case of a patient liable to be detained in a hospital under this Part of this Act, that—
      1. (i) he is not suffering from mental disorder of a nature or degree which makes it appropriate for him to be liable to be detained in a hospital for medical treatment; or
      2. (ii) it is not necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment;
    2. (b) in the case of a patient subject to guardianship, that he is not suffering from mental disorder of a nature or degree which warrants his remaining under guardianship.
  2. (2A) The local authority concerned or the Mental Welfare Commission shall make an order for discharge in respect of a patient subject to guardianship where they are satisfied that it is not necessary in the interests of the welfare of the patient that he should remain under guardianship'."

29 Clause 18, page 17, line 17, after "authority)", insert—

  1. "(a) the words "or by the local health authority concerned" and "or, as the case may be, to that authority", shall cease to have effect; and
  2. (b) "

30 Clause 18, page 17, line 19, leave out "or, as the case may be, section 25(1A)".

31 Clause 18, page 17, line 23, at end insert—

  1. "(a) the words "or subject to guardianship", "or, as the case may be to the local health authority concerned" and "or, as the case may be, to that authority" shall cease to have effect; and
  2. (b)".

32 Clause 18, page 17, line 26, leave out "or as the case may be, section 25(1A)".

33 line 27, at end insert— (3) After subsection (2) of the said section 44 there shall be inserted the following subsection— '(2A) An order for the discharge of a patient who is subject to guardianship shall not be made by his nearest relative except after giving not less than fourteen days' notice in writing to the local authority concerned; and within that period—

  1. (a) if it appears to the local authority that the ground set out in section 25(1A)(b) of this Act continues to apply in relation to the patient they shall inform the responsible medical officer of the notice given by the nearest relative; and
  2. (b) if it appears to the responsible medical officer that the ground set out in section 25(1A)(a) of this Act continues to apply in relation to the patient he shall inform the local authority; and
  3. (c) the local authority shall inform the nearest relative of the views taken by them and by the responsible medical officer,
and in that event—
  1. (i) any order for the discharge of the patient made by that relative in pursuance of the notice shall cease to have effect; and
  2. (ii) no further order for the discharge of the patient shall he made by that relative during the period of six months beginning with the date on which that relative is so informed.'."

34 Clause 20, page 18, line 16, at end insert— (a) in subsection (1)—

  1. (i) for the words "in respect of a report under section thirty-nine, section forty or section forty-four" there shall be substituted the words "under this Part of this Act"; and
  2. (ii) for the words "the said sections" there shall be substituted the words "sections 32A, thirty-nine, forty-four";
(b) for subsection (2) there shall be substituted the following subsection— '(2) An appeal under this Part of this act shall be made by way of summary application to a sheriff of the sheriffdom—
  1. (a) within which the patient is resident at the time when the appeal is made; or
  2. (b) where the patient is a resident patient in a hospital at the time when the appeal is made, within which the hospital is situated';".

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 14 to 34. At the same time I wish to speak to Amendment No. 65. All of these amendments relate to the provisions in Part IV of the principal Act. This deals with the detention and the guardianship of patients, as amended by Clauses 8 to 20 of the Bill. The amendments which were made in the other place are extensive but some are concerned with relatively minor clarifications and improvements. There are two matters to which I wish briefly to draw your Lordships' attention. The first relates to Amendments Nos. 14, 26 and 28 to 33 inclusive. These amendments make changes to the procedures which relate to guardianship. Their effect is to emphasise the point that guardianship is essentially about the welfare of the patients concerned. In view of this, it is sensible to give the mental health officer and the local authority a greater part to play in the procedures for reception into guardianship, renewal of authority for guardianship, and so on.

The second matter to which I wish briefly to refer is the subject of Amendment No. 17. This is short, but it is very significant. It reduces from six hours to two hours the period during which a nurse of the prescribed class—that is, a registered nurse—may detain an informal patient. Your Lordships had serious reservations about these provisions. Similar reservations were expressed in the other place. However, we believe it is right that a formal procedure should be available to nurses who wish to make use of it in circumstances where they feel that acting to prevent a patient from exposing himself or others to harm may result in legal action being taken against them.

As your Lordships will appreciate, two hours is a relatively short period of time but it should nearly always be sufficient for a doctor to be brought to any Scottish hospital in order to take the matter out of the hands of the nurse.

I shall not explain the other minor changes, unless there is any matter about which your Lordships wish to ask me.

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

On Question, Motion agreed to.

COMMONS AMENDMENTS

35 Clause 21, page 19, line 2, after "appeal", insert "by way of summary application".

36 Clause 21, page 19, line 2, leave out "for" and insert "of".

37 Clause 21, page 20, line 42, leave out "remitted under subsection (2) of this section" and insert "released on licence or discharged under supervision under subsection (2)(b)(i) or (ii) of this section".

38 Clause 21, page 21, leave out from beginning of line 1 to end of line 24 and insert— (2) If the sheriff notifies the Secretary of State—

  1. (a) that the patient would be entitled to be absolutely discharged, the Secretary of State shall—
    1. (i) by warrant direct that the patient be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed; or
    2. (ii) exercise any power of releasing the patient on licence or discharging the patient under supervision which would have been exercisable if the patient had been remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital;
  2. (b) that the patient would be entitled to be conditionally discharged, the Secretary of State may—
    1. (i) by warrant direct that the patient be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed; or
    2. (ii) exercise any power of releasing the patient on licence or discharging the patient under supervision which would have been exercisable if the patient had been remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital; or
    3. (iii) decide that the patient should continue to be detained in a hospital, 627 and on his arrival in the prison or other institution or, as the case may be, his release or discharge as aforesaid, the transfer direction and the restriction direction shall cease to have effect.".

39 Clause 21, page 19, line 31, leave out "for" and insert "of".

40 Clause 21, page 19, line 42, leave out "for" and insert "of".

41 Clause 21, page 22, line 20, leave out from beginning to end of line 9 on page 23 and insert— 60E.—(1) Sections 60A, 60B and 60D of this Act shall apply to a person who—

  1. (a) is subject to—
    1. (i) a direction which by virtue of section 64(3) of this Act; or
    2. (ii) an order which by virtue of section 174(4) of the Criminal Procedure (Scotland) Act 1975, has the like effect as a hospital order and a restriction order; or
  2. (b) is treated as subject to a hospital order and a restriction order by virtue of section 80(2) of the Mental Health Act 1983 or section 79(2)(a) of this Act,
as they apply to a restricted patient who is subject to a restriction order and references in the said sections 60A, 60B and 60D to the relevant hospital order or restriction order shall he construed as references to the direction under section 64(1) of this Act or the order under section 174(3) of the Criminal Procedure (Scotland) Act 1975. (2) Sections 60A to 60C of this Act shall apply to a person who is treated as subject to a transfer direction and a restriction direction by virtue of section 80(2) of the Mental Health Act 1983 or section 79(2)(a) of this Act as they apply to a restricted patient who is subject to a restriction direction and references in the said sections 60A and 60C to the relevant transfer direction or the restriction direction shall be construed as references to the transfer direction or restriction direction to which that person is treated as subject by virtue of the said section 80(2) or 79(2)(a).".

42 Clause 24, page 24, line 4, after "imprisonment)", insert— (a) for subsection (1) there shall be substituted the following subsections—

  1. '(1) Where a transfer direction and a restriction direction have been given in respect of a person serving a sentence of imprisonment and the Secretary of State is satisfied—
    1. (a) that the person is not suffering from mental disorder of a nature or degree which makes it appropriate for him to be liable to be detained in hospital for medical treatment; or
    2. (b) that it is not necessary for the health or safety of the person or for the protection of other persons that he should receive such treatment; and (in either case)
    3. (c) that it is not appropriate for the person to remain liable to be recalled to hospital for further treatment,
    he shall—
    1. (a) by warrant direct that the person be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed; or
    2. (b) exercise any power of releasing the person on licence or discharging the person under supervision, which would have been exercisable if he had been remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital.
    and on his arrival in the prison or other institution, or as the case may be, his release or discharge as aforesaid, the transfer direction and the restriction direction shall cease to have effect.
  2. (1A) Where in the case of any such person as is mentioned in subsection (1) of this section the Secretary of State is satisfied as to the matters referred to in paragraph (a) or (b) of that subsection but not as to the matters referred to in paragraph (c) of that subsection he may—
    1. (a) by warrant direct that the person be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been removed; or
      2. 628
    2. (b) exercise any power of releasing the person on licence or discharging the person under supervision, which would have been exercisable if he had been remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital; or
    3. (c) decide that the person should continue to be detained in a hospital,
and on his arrival in the prison or other institution or, as the case may be, his release or discharge as aforesaid, the transfer direction and the restriction direction shall cease to have effect;' ".

43 Clause 25, page 24, line 21, leave out from "section" to end of line 35 and insert "and the Secretary of State is satisfied—

  1. (a) that the person is not suffering from mental disorder of a nature or degree which makes it approppriate for him to be liable to be detained in hospital for medical treatment; or
  2. (b) that it is not necessary for the health or safety of the person or for the protection of other persons that he should receive such treatment; and (in either case),
  3. (c) that it is not appropriate for the person to remain liable to be recalled to hospital for further treatment,
he shall—
  1. (i) by warrant direct that the person be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed; or
  2. (ii) exercise any power of releasing the person on licence or discharging the person under supervision, which would have been exercisable if he had been remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital,
and on his arrival in the prison or other institution, or as the case may be, his release or discharge as aforesaid, the transfer direction and the restriction direction shall cease to have effect.

(3) Where in the case of any such person as is mentioned in subsection (2) of this section the Secretary of State is satisfied as to the matters referred to in paragraph (a) or (b) of that subsection but not as to the matters referred to in paragraph (c) of that subsection he may—

  1. (i) by warrant direct that the person be remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital, there to be dealt with as if he had not been so removed; or
  2. (ii) exercise any power of releasing the person on licence or discharging the person under supervision, which would have been exercisable if he had been remitted to any prison or other institution in which he might have been detained if he had not been removed to hospital; or
  3. (iii) decide that the person should continue to be detained in hospital,
and on his arrival in the prison or other institution or, as the case may be, his release or discharge as aforesaid, the transfer direction and the restriction direction shall cease to have effect.".

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 35 to 43. Most of these amendments relate to a very small group of patients, those who are serving sentences of imprisonment and those who are transferred to mental hospitals for treatment. Amendments Nos. 38, 42 and 43 spell out, of necessity at some length, what action the Secretary of State may take when such a patient no longer needs to be in hospital. As your Lordships appreciate, the law must be precise in such matters. The principal Act will be greatly improved by these amendments.

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

On Question, Motion agreed to.

COMMONS AMENDMENTS

44 Clause 26, page 25, line 16, at end insert "; and such determination may make different provision for different cases or different classes of case.".

45 Clause 26, page 25, line 20, at end insert "; and such determination may make different provision for different cases or different classes of case.".

46 Clause 26, page 26, line 32, leave out "and".

47 Clause 26, page 26, line 34, at end insert ";and (e) section 86 (which provides for the auditing and examination of accounts)".

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 44 to 47. This small group of amendments will improve the provisions of Clause 26 of the Bill, which deals with the constitution of the state hospital management committee.

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

On Question, Motion agreed to.

COMMONS AMENDMENTS

48 Clause 29, page 28, line 34, leave out ", 60 C".

49 Clause 29, page 29, line 29, at end insert— (3A) Where any person has given a certificate under subsection (2)(a) or (b) of this section he shall send a copy thereof to the Mental Welfare Commission within seven days of the day on which the certificate was given.".

50 Clause 29, page 30, line 44, at end insert— (4A) Where any person has given a certificate under subsection (3)(a) or (b) of this section he shall send a copy thereof to the Mental Welfare Commission within seven days of the day on which the certificate was given.".

51 Clause 29, page 32, line 19, at end insert— (4) Where a patient is given treatment under this section the responsible medical officer shall, within seven days of the day on which the treatment is given, notify the Mental Welfare Commission— (a) as to which of paragraph (a) to (d) of subsection (1) of this section applied in relation to the patient; and (b) as to the nature of the treatment given to the patient.".

52 Clause 29, page 32, line 26, leave out "93B", and insert "93C".

53 Clause 30, page 32, line 42, after "Act", insert "or, in the case of a patient subject to guardianship, the local authority concerned".

54 Clause 30, page 32, line 45, after "detained", insert "or subject to guardianship".

55 Clause 30, page 33, line 2, after "detention", insert "or guardianship".

56 Clause 30, page 33, line 5, leave out "about his detention and treatment".

57 Clause 30, page 33, line 8, after "detention" insert ", or his reception into guardianship, or any renewal of the authority for his detention or guardianship.".

58 Clause 30, page 33, line 19, after "hospital", insert "or his reception into guardianship".

59 Clause 30, page 33, line 24, after "aforesaid", insert "or, as the case may be, the local authority concerned in relation to a patient subject to guardianship as aforesaid".

60 Clause 31, page 34, leave out lines 13 to 16 and insert "the patient an opportunity to be heard, either—

  1. (a) in person (unless cause to the contrary has been shown); or
  2. (b) by means of a representative.".

61 Clause 32, page 36, line 4, at end insert "and shall, within seven days of the date on which they withheld the postal packet or anything contained in it, notify the Mental Welfare Commission of—

  1. (a) the name of the patient concerned; and
  2. (b) the nature of the postal packet or contents withheld; and
  3. (c) the reaons for withholding the postal packet or contents".

62 Clause 33, page 37, line 17, leave out "admission" and insert "detention and discharge".

63 Clause 30, page 33, line 17, leave out second "to" and insert "in and from".

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 48 to 63. I hope your Lordships will agree to take together this group of amendments since they deal with the miscellaneous clauses of the Bill. Those are Clauses 29 to 36. The effect of all these amendments is to improve and clarify in a number of relatively minor ways the provisions which relate to matters such as the provision of treatment, information for the patients and their relatives and the code of practice. Most of these amendments were put down by the Government to accept proposals made in Committee stage in another place.

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

On Question, Motion agreed to.

COMMONS AMENDMENT

64 Leave out Clause 37.

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 64. I shall speak also to Amendment No. 103, which alters the Long Title of the Bill to reflect the removal of Clause 37. The Opposition have cooperated with the Government to ensure that this important Bill reaches the statute book, but they were not willing to agree to Clause 37, which there was little opportunity to debate. The Government regret the loss of this clause but the staff of the state hospital who would have benefited from these provisions will no doubt appreciate that their interests could not be allowed to stand in the way of the Bill as a whole.

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

On Question, Motion agreed to.

COMMONS AMENDMENT

65 After Clause 37 insert the following new clause:

"Right of appeal against transfer.

—.(1) In section 37 of the principal Act (which makes provision for the transfer of patients)—

  1. (a) in subsection (1)(b) the words 'or be transferred to a hospital with the consent of the Mental Welfare Commission and of the board of management of the hospital' shall cease to have effect;
  2. (b) in subsection (3), paragraph (d) shall cease to have effect; and
  3. (c) after subsection (3) there shall be inserted the following subsection—
'(4) Where a patient is transferred to a State hospital under subsection (1)(a)(i) of this section he or his nearest relative may, within twenty-eight days of the date of the transfer, appeal by way of summary application to a sheriff of the sheriffdom within which the hospital from which the patient was transferred is situated against the decision of the board of management to transfer the patient; and on any such appeal the sheriff shall order the return of the patient to the hospital from which he was transferred unless he is satisfied that the patient, on account of his dangerous, violent or criminal propensities, requires treatment under conditions of special security, and cannot suitably be cared for in a hospital other than a State hospital.'.

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 65. I spoke to this amendment earlier.

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

On Question, Motion agreed to.

COMMONS AMENDMENTS

66 Schedule 1, page 47, line 20, leave out "that section as so amended" and insert "the provisions inserted by that section".

67 Schedule 1, page 47, line 21, leave out "that date" and insert "the date of coming into force of those amendments (except where such steps have already been taken before that date)."

68 Schedule 2, page 47, line 33, leave out "81" and insert "80".

69 Schedule 2, page 47, line 35, leave out second "(a)".

70 Schedule 2, page 47, line 36, leave out "third" and insert "second".

71 Schedule 2, page 47, line 38, leave out "(5)" and insert "(6)".

72 Schedule 2, page 47, line 41, leave out "(a)".

73 Schedule 2, page 47, page 48, line 17, leave out "Section 29(3)".

74 Schedule 2, page 47, line 17, leave out lines 30 to 33.

75 Schedule 2, page 47, line 44, at end insert—

75A Schedule 2, page 50, leave out lines 5 to 8.

76 Schedule 2, page 47, leave out from beginning of line 9 to "after" in line 10 and insert— 10. In section 28 (which makes provision for the approval of applications by the sheriff)— (a) in subsection (1) for the words "the sheriff" there shall be substituted the words "a sheriff of the sheriffdom—

  1. (a) within which the patient is resident at the time when the application is submitted; or
  2. (b) where the patient is a resident patient in a hospital at the time when the application is submitted, within which the hospital is situated,";
(b) in subsection (2)— (i)".

77 Schedule 2, page 47, line 12, at end insert— (ii) after the words "this section" where they occur for the second time there shall be inserted—"(a)"; and (iii) at the end there shall be added the words "; and (b) shall, where a mental health officer makes an application for admission in respect of a patient under section 26(4) of this Act and such application includes a statement of the mental health officer's opinion that the application should not be granted, afford the mental health officer an opportunity of being heard.

  1. 10A. In section 29(2) (which makes provision as to the effect of applications for admission or guardianship) the word "medical" shall cease to have effect.
  2. 10B. In section 39(5) (which makes provision as to the renewal of authority for detention or guardianship)—
    1. (a) for the words "subsection (7)" there shall be substituted the words "subsections (7) and (8)"; and
    2. (b) after the word "furnished" there shall be inserted the words "to a board of management or a local authority".
  3. 10C. In section 43 (which makes provision as to the discharge of patients)—
    1. (a) in subsection (4), "(a)" and paragraph (b) and the word "or" which precedes it shall cease to have effect;
      2. 632
    2. (b) at the end there shall be added the following subsection—
(6) A patient subject to guardianship shall cease to be so subject where—
  1. (a) the sheriff has approved under section 28 of this Act an application for his admission to a hospital; or
  2. (b) he is admitted to a hospital under section 31 of this Act.".".

78 Schedule 2, page 50, line 14, after "patient)" insert— (i) after the word 'where' there shall be inserted '— (a)'; (ii) the words 'or, as the case may be, the local health authority concerned' shall cease to have effect; (iii) for the word 'and' there shall be substituted the words '; or (b) the local authority informs the nearest relative under subsection (2A) of this section'; and (iv)".

79 Schedule 2, page 50, line 15, after "(8)", insert "(a)".

79A Schedule 2, page 47, line 41, after "patient;", insert— (ia) for the words 'the last foregoing section' there shall be substituted the words 'section 60(3) of this Act';".

80 Schedule 2, page 51, line 29, leave out "and" and insert— (aa) in subsection (3) for the words 'an order restricting his discharge' there shall be substituted the words 'a restriction order in respect of him'; and".

81 Schedule 2, page 47, line 38, leave out "and".

82 Schedule 2, page 47, line 42, at end insert "; and (c) in subsection (5)—

  1. (i) for the words 'three months' there shall be substituted the words 'one month';
  2. (ii) after the words 'to cancel the direction' there shall be substituted the words, 'and the sheriff shall cancel the direction unless he is satisfied that the grounds are satisfied upon which an application may be made for the admission of the person to a hospital under Part IV of this Act'.".

83 Schedule 2, page 47, line 48, at end insert— 16A. In section 68(1) (which makes further provision as to persons removed to hospital while awaiting trial etc.)—

  1. (a) after the word 'section' where it occurs for the third time there shall be inserted '174A'; and
  2. (b) after '178' there shall be inserted '375A,'.".

84 Schedule 2, page 52, line 22, leave out "and".

85 Schedule 2, page 47, line 25, at end insert "; and (iii) for the words 'and (7)' there shall be substituted the words '(7) and (8)'.".

86 Schedule 2, page 47, line 50, at end insert— 21A. In section 81(2) (which makes provision relating to patients removed to Scotland from the Channel Islands and the Isle of Man) for the words 'sixty-three of this Act' there shall be substituted the words '174 or 375 of the Criminal Procedure (Scotland) Act 1975'.".

87 Schedule 2, page 54, leave out lines 2 to 8 and insert— (5) Any reference, however expressed, in this Act to a patient admitted to or detained in, or liable to be admitted to or detained in, a hospital or received, or liable to be received, into guardianship under this Act (other than under Part IV thereof) or under Part V of this Act shall include a reference to a patient who is admittted to or detained in, or liable to be admitted to or detained in, a hospital or received or liable to be received into guardianship under the Criminal Procedure (Scotland) Act 1974.".

88 Schedule 2, page 47, line 8, at end insert— 24A. In Schedule 2 (which makes provision for the application of Part IV of the Act to patients admitted to hospital or received into guardianship under Part V of the Act)—

  1. (a) in the heading—
    1. (i) in column 2 for "ss.58 and 71" there shall be substituted "s.58"; and
    2. (ii) in column 3 for "(ss.63 and 64)" there shall be substituted "(s.64 and ss. I 75 and 375 of the Criminal Procedure (Scotland) Act 1975)";
  2. (b) the entry relating to section 34 shall cease to have effect;
    3. 633
  3. (c) in the entry relating to section 36—
    1. (i) in column 2 for the word "None" there shall be substituted the words "Subsection (4) shall be omitted"; and
    2. (ii) in column 3 for the words "and (3)" there shall be substituted the words "(3) and (4)";
  4. (d) in the entry relating to section 39, in column 2—
    1. (i) for the words from "day on which he was so" to "as the case may be" there shall be substituted the words "day on which he was so admitted or so received"; and
    2. (ii) at the end there shall be added the words "; in subsection (3) for the words "this Part" there shall be substituted the words "Part V" ";
  5. (e) in the entry relating to section 41 in column 2 for the words from "In" to "omitted" there shall be substituted the word "None";
  6. (f) in the entry relating to section 43 in column 2—
    1. (i) at the beginning there shall be inserted the words "In subsections (1) and (2) for the words "this Part" there shall be substituted the words "Part V";
    2. (ii) for the words "the words 'forty or forty-four' shall be omitted" there shall be substituted the words "for the words '32A, thirty-nine, forty or forty-four' there shall be substituted the words 'thirty-nine'"; and
    3. (iii) the words "or a guardianship application" and "or subject to guardianship" shall cease to have effect; and
  7. (g) in the entry relating to section 51, in column 2, the words "section forty, or" shall cease to have effect.".

89 Schedule 2, page 47, line 19, leave out "section 25(1A)" and insert "the ground set out in section 25(1A)(a)".

90 Schedule 2, page 47, line 20, at end insert— (aa) in subsection (5) after the word "satisfied" there shall be inserted the words— ("(a) after taking into consideration the evidence of a mental health officer, that it is necessary in the interests of the welfare of the person that he should be placed under guardianship; and (b)".".

91 Schedule 2, page 55, line 3, leave out "section 25(1A)" and insert "the ground set out in section 25(1A)(a)".

92 Schedule 2, page 47, line 4, at end insert— (aa) in subsection (8) after the word 'satisfied' there shall be inserted the words—

  1. '(a) after taking into consideration the evidence of a mental health officer, that it is necessary in the interests of the welfare of the person that he should be placed under guardianship; and
  2. (b)'.".

93 Schedule 3, page 56, line 11, column 3, at end insert "In section 29(2), the word 'medical'.".

94 Schedule 3, page 56, line 14, column 3, at end insert "In section 37, in subsection (1)(b) the words 'or be transferred to a hospital with the consent of the Mental Welfare Commission and of the board of management of the hospital'; in subsection (3), paragraph (d).".

95 Schedule 3, page 56, line 15, column 3, leave out "in subsection (2), '—(a)',".

96 Schedule 3, page 56, line 22, column 3, at end insert "In section 41, in subsection (2), the words 'or subsection (1) of section forty', in subsection (3) the words 'or section forty'.".

97 Schedule 3, page 56, line 23, column 3, after "43", insert ", in subsection".

98 Schedule 3, page 56, line 24, column 3, at end insert ", in subsection (4),'—(a)' and paragraph (b) and the word 'or' which precedes it, in subsection (5), the words 'or by the local health authority concerned' and 'or, as the case may be, to that authority'.".

99 Schedule 3, page 56, line 25, column 3, leave out "Section 44(1)" and insert "In section 44, subsection (1), in subsection (2) the words 'or subject to guardianship', 'or, as the case may be, to the local health authority concerned', 'or, as the case may be, to that authority', in subsection (3) the words 'or, as the case may be, the local health authority concerned'.".

100 Schedule 3, page 56, column 3, leave out lines 26 and 27.

101 Schedule 3, page 56, column 3, leave out line 28 and insert "In section 58(3), '—(a)' and paragraph (b) and the word 'and' which precedes it.".

102 Schedule 3, page 56, line 35, column 3, at end insert "In Schedule 2, the entry relating to section 34, in the entry relating to section 43, in column 2 the words 'or a guardianship application' and 'or subject to guardianship', and in the entry relating to section 51, in column 2 the words 'section forty, or'.".

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendments Nos. 66 to 102 en bloc. The provisions in the schedules to the Bill are, as usual, transitional, consequential and minor. All the amendments affect the schedules to the Bill and are mainly concerned with technical detail. I will, however, draw your Lordships' attention to Amendment No. 88, where in sub-paragraph (d)(i) on page 19 of the Marshalled List before us today, the printer has omitted from the end of the second line the word "the". With that proviso, I beg to move.

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

On Question, Motion agreed to.

COMMONS AMENDMENT

103 In the Title, line 2, leave out from "1960;" to "and" in line 5.

Lord Lyell

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 103. I spoke to this amendment earlier.

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

On Question, Motion agreed to.