39 Clause 4, page 31, line 8, after 'order' insert '—
40 Page 31, line 11, at end insert '; or
(b) is detained in a hospital under section 24, 26 or 26A of this Act.'.
§ 41 Page 31, line 12, leave out 'so detained' and insert 'detained as mentioned in subsection (1)(a) or (b) above'.
§ 42 Page 31, line 17, leave out 'so detained' and insert 'detained as mentioned in paragraph (a) of subsection (1) above'.
§ 43 Page 31, line 19, after 'less' insert or is detained as mentioned in paragraph (b) of that subsection,'.
The Earl of Courtown
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 39 to 43 en bloc. When the Bill was being considered in Committee, the noble Lord, Lord Carmichael of Kelvingrove, urged us to clarify the relationship between community care orders and emergency detention under Section 24 of the Mental Health (Scotland) Act 1984. At that time, my noble friend Lord Lindsay indicated that our consideration of the matter was still continuing. We have now reached a conclusion, as your Lordships will be aware from the discussion of the amendment to Clause 1.
The amendments provide that if a person subject to a community care order is detained in hospital under the emergency or short term detention provisions of the 1984 Act, then the community care order continues to run, but the conditions are suspended while he is in hospital. If he is discharged from detention in hospital under those provisions, then the conditions re-enter into force.
If a community care order is due to expire while a person is detained in hospital under those provisions, or within 28 days of his release following detention under those sections, then the community care order will be deemed to expire 28 days after his discharge. That will allow a renewal of that order to take place, if necessary. We believe that that is the best way to deal with the detention in an emergency of a community care order patient. An application for a community care order cannot he made while a person is detained under only the emergency provisions, but we believe that we should not deny the special framework to people already subject to community' care orders simply because they are detained briefly under the emergency provisions.
It is clear that the emergency provisions are for use only in an emergency. The normal route of a community care order patient into hospital if his condition deteriorates should most definitely be by the reassessment procedure set out in new Section 35G.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 39 to 43 en bloc.—(The Earl of Courtown.)
§ The Earl of Mar and Kellie
My Lords, the amendments are the Scottish version of extending the community care order by 28 days in the unfortunate event of the patient being imprisoned or detained in hospital at the end point of his or her order. That extension will ensure a minimum time to achieve resettlement in the community and to assess the needs or otherwise for a further community care order. As the amendments, and the English ones, probably started with a suggestion made by myself, I am wholly satisfied that they have been sensibly extended by the other place.
§ On Question, Motion agreed to.