Part 1Amendments to Mental Health Act 1983

Chapter 1Changes to key provisions

Tests for detention etc

4Replacement of “treatability” and “care” tests with appropriate treatment test

(1)

The 1983 Act is amended as follows.

(2)

In section 3 (admission for treatment)—

(a)

in subsection (2), omit paragraph (b) (and the word “and” at the end of that paragraph),

(b)

in that subsection, after paragraph (c) insert“; and

(d)

appropriate medical treatment is available for him.”, and

(c)

in subsection (3)(a), for “(b)” substitute “ (d) ”.

(3)

In that section, after subsection (3) insert—

“(4)

In this Act, references to appropriate medical treatment, in relation to a person suffering from mental disorder, are references to medical treatment which is appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case.”

(4)

In section 20 (renewal of authority to detain), in subsection (4)—

(a)

omit paragraph (b) (and the word “and” at the end of that paragraph),

(b)

after paragraph (c) insert“and

(d)

appropriate medical treatment is available for him.”, and

(c)

omit the words from “but, in the case of mental illness” to the end.

(5)

In section 37(2) (conditions for exercise of powers of court to order hospital admission or guardianship), in paragraph (a)(i), for the words from “, in the case of psychopathic disorder” to the end substitute “ appropriate medical treatment is available for him; or ”.

(6)

In section 45A(2) (conditions for exercise of powers of court to direct hospital admission), for paragraph (c) substitute—

“(c)

that appropriate medical treatment is available for him.”

(7)

In section 47(1) (conditions for exercise of Secretary of State's powers to direct removal to hospital), in paragraph (b), for the words from “and, in the case of psychopathic disorder” to the end substitute“; and

(c)

that appropriate medical treatment is available for him;”.

(8)

In section 72—

(a)

in subsection (1)(b) (powers of tribunal to direct discharge of patient not liable to be detained under section 2), after sub-paragraph (ii) insert—

“(iia)

that appropriate medical treatment is available for him; or”, and

(b)

omit subsection (2).

(9)

In section 73(1) (powers of tribunal to direct discharge of restricted patients), in paragraph (a), for “or (ii)” substitute “ , (ii) or (iia) ”.

(10)

In section 145 (interpretation), after subsection (1AA) insert—

“(1AB)

References in this Act to appropriate medical treatment shall be construed in accordance with section 3(4) above.”