The Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000

Article 3(2)

SCHEDULE 2 CONSEQUENTIAL AMENDMENTS IN RESPECT OF HIGH SECURITY PSYCHIATRIC SERVICES

PART I ACTS

Criminal Appeal Act 1968

1.  In section 51 of the Criminal Appeal Act 1968 (interpretation)(1), in subsection (2), after “section 145(1)” there is inserted “and (1AA) ”.

Health Services and Public Health Act 1968

2.  In section 66 of the Health Services and Public Health Act 1968 (payments in respect of travelling expenses of visitors to patients in special hospitals)(2), in subsections (1) and (2), for “special hospitals”, in each place those words appear, there is substituted “hospitals at which high security psychiatric services are provided”.

Children and Young Persons Act 1969

3.  In section 12B of the Children and Young Persons Act 1969 (requirements as to mental treatment)(3), in subsection (1)(c), for “special hospital within the meaning of that Act” there is substituted “hospital at which high security psychiatric services within the meaning of that Act are provided”.

Disabled Persons (Services, Consultation and Representation) Act 1986

4.—(1) The Disabled Persons (Services, Consultation and Representation) Act 1986(4) is amended as follows.

(2) In section 7 (persons discharged from hospital), in subsection (9), in the definition of “the managers”(5)–

(a) in paragraph (a)(i) there is omitted “a special hospital or”, and

(b) paragraph (b) is omitted.

(3) In section 11 (reports to Parliament), in the definition of “health service hospital” in sub-section (2)(a), for “special hospital” there is substituted “hospital at which high security psychiatric services within the meaning of that Act are provided”.

(4) In section 16 (interpretation) the definition of “special hospital” is omitted.

Children Act 1989

5.  In section 105 of the Children Act 1989 (interpretation), in subsection (1), in the definition of “hospital”, for “special hospital within the meaning of that Act” there is substituted “hospital at which high security psychiatric services within the meaning of that Act are provided ”.

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991

6.  In Schedule 2 to the Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (supervision and treatment orders)(6), in paragraph 4(2)(a), for “special hospital within the meaning of the National Health Service Act 1977” there is substituted “hospital at which high security psychiatric services within the meaning of the National Health Service Act 1977 are provided ”.

PART II REGULATIONS AND ORDERS

The Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996

7.—(1) The Authorities for the Ashworth, Broadmoor and Rampton Hospitals (Establishment and Constitution) Order 1996(7) is amended as follows.

(2) In article 3 (functions of the Authorities), for “special hospital” there is substituted “provision of high security psychiatric services at the hospital”.

(3) In the Schedule, in Column (2), the word “special” is omitted in each of the three places where it occurs.

The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations 1996

8.—(1) The Ashworth, Broadmoor and Rampton Hospital Authorities (Functions and Membership) Regulations(8) are amended as follows.

(2) In regulation 1(2) (interpretation)–

(a) in the definition of “the hospitals”, the word “special” is omitted and after “Rampton hospitals” there is added “at which high security psychiatric services are provided”; and

(b) in the definition of “the specified mental health service functions ”, for “and his functions under the Mental Health Act 1983 as the managers of the relevant hospital” there is substituted “in so far as they relate to the provision of high security psychiatric services”.

(3) In regulation 2 (functions of hospital authorities), in paragraph (1), for “special hospital” there is substituted “hospital at which high security psychiatric services are provided”.

(1)

1968 c. 19; in section 51(2) “section 145(1) of the Mental Health Act 1983” was substituted by that Act (c. 20), Schedule 4, paragraph 23.

(2)

1968 c. 46.

(3)

1969 c. 54; sections 12 to 12D was substituted for section 12 by the Criminal Justice Act 1988 (c. 33), Part I of Schedule 10; section 12B(1)(c) was amended by the Crime and Disorder Act 1998 (c. 37), Schedule 7, paragraph 5(1)(f).

(4)

1986 c. 33.

(5)

The definition of “the managers” was amended by the 1990 Act, Schedule 9, paragraph 30(2) and the 1995 Act, Schedule 1, paragraph 111(3)(b)(ii), and is amended by this Order, Schedule 1, paragraph 18(3).

(6)

1991 c. 25.

(7)

S.I. 1996/488.

(8)

S.I. 1996/489.