Part 1Amendments to Mental Health Act 1983

Chapter 1Changes to key provisions

Medical treatment

6Appropriate treatment test in Part 4 of 1983 Act

(1)

Part 4 of the 1983 Act (consent to treatment) is amended as follows.

(2)

In the following provisions, for the words from “, having regard to” to the end substitute “ it is appropriate for the treatment to be given. ”

(a)

section 57(2)(b) (certification of second opinion where treatment requires consent and a second opinion), and

(b)

section 58(3)(b) (certification of second opinion where treatment requires consent or a second opinion).

(3)

In section 64 (supplementary provisions for Part 4), after subsection (2) insert—

“(3)

For the purposes of this Part of this Act, it is appropriate for treatment to be given to a patient if the treatment is appropriate in his case, taking into account the nature and degree of the mental disorder from which he is suffering and all other circumstances of his case.”