HC Deb 22 December 1982 vol 34 c585W
Mr. Charles Irving

asked the Secretary of State for Social Services if he will issue a general circular to health authorities ordering the end of the practices relating to section 30(2) of the Mental Health Act 1959, namely (a) the signing of named or unnamed and undated forms for use by nursing staff should the need arise, (b) the use of section 30(2) by people other than the medical practitioner in charge of the patient's treatment, and (c) the application of the section verbally or by telephone without the patient being seen or examined; and if he will make a statement.

Mr. Kenneth Clarke

The Department has always advised that any report made under section 30(2) of the Mental Health Act 1959 should be made at the time in question by the doctor in charge of the patient's treatment. Since these criteria may cause difficulty where the appropriate doctor is not immediately available, the Mental Health (Amendment) Act 1982 introduces a new six-hour holding power for prescribed nurses. All these points will be covered in the memorandum of guidance which will be issued to health authorities well before the amendment Act is implemented on 30 September 1983.