Mental Health Act 2025

Treatment

11 Making treatment decisions

(1) The Mental Health Act 1983 is amended as follows.

(2) After section 56 insert—

“56A Making treatment decisions

(1) In deciding whether to give medical treatment to a patient by virtue of this Part, the approved clinician in charge of the treatment must—

(a) identify and evaluate any alternative forms of medical treatment available for the patient;

(b) take such steps as are reasonably practicable to assist and encourage the patient to participate, as fully as possible, in the decision-making process;

(c) not rely merely on—

(i) the patient's age or appearance, or

(ii) a condition of the patient’s, or an aspect of the patient’s behaviour, which might lead others to make unjustified assumptions about what medical treatment might be appropriate for the patient;

(d) consider the patient’s past and present wishes, feelings, beliefs and values, so far as it is reasonable to regard them as relevant and so far as they are reasonably ascertainable;

(e) consider the relevant views of the following, so far as they are reasonably ascertainable—

(i) anyone named by the patient as someone to be consulted on the decision in question, or decisions of that kind;

(ii) the patient’s nominated person and any independent mental health advocate from whom the patient is receiving help by virtue of section 130A or 130E;

(iii) any donee or deputy for the patient;

(iv) any other person who cares for the patient or is interested in the patient’s welfare and whom the approved clinician considers it appropriate to consult;

(f) consider all other circumstances of which the approved clinician is aware and which it would be reasonable to regard as relevant.

(2) Where the patient lacks capacity in relation to matters that, in the opinion of the approved clinician, are relevant to the decision, the approved clinician must also consider any wishes, feelings, views and beliefs that the clinician thinks the patient would have in relation to those matters but for the lack of capacity (including any relevant written statement made by the patient when they had capacity).

(3) In subsection (1)(e), “relevant views” means—

(a) views about the nature of the patient’s past and present wishes, feelings, beliefs and values,

(b) where the patient lacks capacity in relation to matters that, in the opinion of the approved clinician, are relevant to the decision, views about the nature of the wishes, feelings, views and beliefs the patient would have in relation to those matters but for the lack of capacity, and

(c) views about whether the medical treatment should be given to the patient.”

(3) In section 57 (treatment requiring consent and a second opinion), in subsection (2)(b), at the end insert “, and that the decision to give the treatment was made by the person in charge of the treatment in accordance with section 56A”.

(4) In section 58 (treatment requiring consent or a second opinion)—

(a) in subsection (3)(a), at the end (but before the “; or”) insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”;

(b) in subsection (3)(b), at the end insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”.

(5) In section 58A (electro-convulsive therapy etc)—

(a) in subsection (3)(c), at the end insert “, and that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A”;

(b) in subsection (4)(c)—

(i) omit the “and” at the end of sub-paragraph (i);

(ii) at the end of sub-paragraph (ii) insert “; and”;

(iii) after sub-paragraph (ii) insert—

“(iii) that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A.”

12 Appointment of doctors to provide second opinions

(1) The Mental Health Act 1983 is amended as follows.

(2) After section 56A (as inserted by section 11 of this Act) insert—

“56B Appointment of doctors to provide second opinions

(1) Where, in relation to a patient, a function under this Part is to be performed by a “second opinion appointed doctor” (whether because this Part requires it to be so performed or because a decision has been made under this Part that it will be so performed)—

(a) the relevant person must request that the regulatory authority appoint a person to perform the function in relation to the patient, and

(b) on receiving the request, the regulatory authority must, as soon as reasonably practicable (subject to section 62ZA(8)), appoint a person to perform the function in relation to the patient.

(2) The person appointed by the regulatory authority—

(a) must be a registered medical practitioner, and

(b) must not be the patient’s responsible clinician or the person in charge of the treatment that is to be given to the patient.

(3) In this section “the relevant person” means—

(a) if there is a responsible clinician for the patient, the responsible clinician;

(b) otherwise, the person in charge of the treatment that is to be given to the patient.”

(3) In section 57 (treatment requiring consent and a second opinion)—

(a) in subsection (2)(a), for the words from the beginning to “question)” substitute “a second opinion appointed doctor”;

(b) in subsection (2)(b), for the words from the beginning to “above” substitute “the second opinion appointed doctor”;

(c) in subsection (3), for “the registered medical practitioner concerned” substitute “the second opinion appointed doctor”.

(4) In section 58 (treatment requiring consent or a second opinion)—

(a) in subsection (3)(a), for the words from “a registered” to “authority” substitute “a second opinion appointed doctor”;

(b) in subsection (3)(b), for the words from the beginning to “question)” substitute “a second opinion appointed doctor”.

(5) In section 58A (electro-convulsive therapy etc)—

(a) in subsection (3)(c), for the words from “a registered” to “above” substitute “a second opinion appointed doctor”;

(b) in subsection (4)(c), for the words from the beginning to “treatment)” substitute “a second opinion appointed doctor”;

(c) in subsection (6), in the words before paragraph (a), for “the registered medical practitioner” substitute “the second opinion appointed doctor”.

(6) In section 64 (supplementary provisions for Part 4), in subsection (1) (as substituted by section 10 of this Act), at the appropriate place insert—

• ““second opinion appointed doctor” is to be read in accordance with section 56B”.

(7) In section 64C (section 64B: supplemental)—

(a) in subsection (4)(a), for the words from the beginning to “treatment)” substitute “a second opinion appointed doctor”;

(b) after subsection (9) insert—

“(10) In this section “second opinion appointed doctor” has the same meaning as in Part 4 (see section 64).”

(8) In section 119 (practitioners approved for Part 4 and section 118), in subsection (1), after “Act” insert “(see section 56B)”.

13 Medicine etc: treatment conflicting with a decision by or on behalf of a patient

(1) The Mental Health Act 1983 is amended as follows.

(2) After section 57 insert—

“57A Treatment without consent requiring a second opinion and a compelling reason

(1) This section applies to the forms of medical treatment for relevant disorder mentioned in subsection (2) where—

(a) the patient has capacity to consent to the treatment but has not consented to it, or

(b) the patient lacks capacity to consent to the treatment, and the giving of the treatment would conflict with—

(i) a valid and applicable advance decision, or

(ii) a decision of a donee or deputy or the Court of Protection.

(2) The forms of medical treatment referred to in subsection (1) are—

(a) such forms of treatment as may be specified in regulations made under section 58(1)(a);

(b) the administration of medicine to a patient by any means (not being a form of treatment specified under section 57, section 58(1)(a) or section 58A(1)(b)) at any time during a period for which the patient is liable to be detained as a patient to whom this Part of this Act applies.

(3) Where this section applies, and subject to section 62, a patient may not be given any of those forms of medical treatment unless there is a compelling reason to give treatment of that form and a second opinion appointed doctor has certified in writing—

(a) that the treatment constitutes appropriate medical treatment,

(b) that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A, and

(c) that, in relation to the form of treatment and any alternative forms of appropriate medical treatment that are available for the patient’s relevant disorder (taking each form of treatment separately)—

(i) the patient has capacity to consent but has not consented, or

(ii) the patient lacks capacity to consent and it appears to the second opinion appointed doctor that there is a decision mentioned in subsection (1)(b)(i) or (ii) which, if valid, would conflict with the giving of the treatment.

(4) For the purposes of this section there is a “compelling reason” to give a form of medical treatment to a patient if—

(a) alternative forms of appropriate medical treatment are available for the patient’s relevant disorder but, in relation to each of those forms—

(i) the patient has not consented, or

(ii) the patient lacks capacity to consent and the giving of the treatment would conflict with a decision mentioned in subsection (1)(b)(i) or (ii), or

(b) no alternative forms of appropriate medical treatment are available for the patient’s relevant disorder.

(5) Before giving a certificate under subsection (3) the second opinion appointed doctor must consult two other persons who have been professionally concerned with the patient’s medical treatment but, of those persons—

(a) one must be a nurse and the other must be neither a nurse nor a registered medical practitioner, and

(b) neither may be the responsible clinician or the approved clinician in charge of the treatment in question.”

(3) In section 58 (treatment requiring consent or a second opinion)—

(a) before subsection (1) insert—

“(A1) This section applies to the forms of medical treatment for relevant disorder mentioned in subsection (1) where—

(a) the patient has capacity to consent to the treatment and has consented to it, or

(b) the patient lacks capacity to consent to the treatment and the giving of the treatment would not conflict with—

(i) any valid and applicable advance decision, or

(ii) any decision of a donee or deputy or the Court of Protection.”;

(b) in subsection (1), for the words before paragraph (a) substitute “The forms of medical treatment referred to in subsection (A1) are—”;

(c) in subsection (3)(b) omit “or being so capable has not consented to it”.

(4) In section 59 (plans of treatment), after “57” insert “, 57A”.

(5) In section 60 (withdrawal of consent), in subsection (1C)(a), after “section” insert “57A,”.

(6) In section 62 (urgent treatment), in subsection (2), after “57” insert “, 57A”.

(7) In section 63 (treatment not requiring consent), for the words from “not”, in the second place it occurs, to “applies” substitute “where none of sections 57 to 58A apply”.

(8) In section 64C (section 64B: supplemental)—

(a) for subsection (3) substitute—

“(3) Relevant treatment is—

(a) section 58 type treatment if it is—

(i) treatment of a form which, at the time when it is given to the patient, is specified under section 58(1)(a), or

(ii) the administration of medicine to the patient by any means (not being a form of treatment specified under section 57, section 58(1)(a) or section 58A(1)(b)) if a period equal to or longer than the section 58 period has elapsed since the first occasion, during the relevant period, when medicine was administered to the patient by any means for relevant disorder;

(b) section 58A type treatment if it is—

(i) electro-convulsive therapy, or

(ii) treatment of a form which, at the time when it is given to the patient, is specified under section 58A(1)(b).

(3A) For the purposes of subsection (3)—

(a) the “section 58 period” is the period which, at the time when the treatment is given to the patient, is specified under section 58(1)(b);

(b) the “relevant period” is the period during which the patient has continuously been a patient to whom this Part applies.”;

(b) in subsection (6), for “subsection (1)(a) of that section” substitute “subsection (3)(b)(i) of this section”;

(c) in subsection (7)—

(i) for “subsection (1)(b) of that section” substitute “subsection (3)(b)(ii) of this section”;

(ii) for “that section”, in the second place it occurs, substitute “section 58A(1)(b)”.

14 Medicine etc: treatment in other circumstances

In section 58 of the Mental Health Act 1983 (treatment requiring consent or a second opinion)—

(a) in subsection (1)(b), for “three” substitute “two”;

(b) in subsection (3)(a), after “has consented to it” insert “, that the treatment constitutes appropriate medical treatment”;

(c) in subsection (4), for “(3)(b) above the registered medical practitioner concerned” substitute “(3) the person giving the certificate”.

15 Electro-convulsive therapy etc

In section 58A of the Mental Health Act 1983 (electro-convulsive therapy etc), for subsection (5) substitute—

“(5) A patient falls within this subsection if—

(a) the patient lacks capacity to consent to the treatment and the giving of the treatment would not conflict with—

(i) any valid and applicable advance decision, or

(ii) any decision of a donee or deputy or the Court of Protection, and

(b) a second opinion appointed doctor has certified in writing—

(i) that the patient lacks capacity to consent to the treatment,

(ii) that the treatment constitutes appropriate medical treatment, and

(iii) that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A.”

16 Review of treatment

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 61 (review of treatment)—

(a) in subsection (1)—

(i) in the words before paragraph (a), for “58(3)(b) or 58A(4) or (5)” substitute “57A(3), 58(3)(b) or 58A(5)”;

(ii) in paragraph (a), after “patient” insert “, except that, in the case of a patient who is liable to be detained in pursuance of an application for admission for treatment, no report is required under this subsection on the first occasion on which the responsible clinician furnishes a report under section 20(3) in respect of them”;

(b) after subsection (1) insert—

“(1A) Where a patient is given treatment in accordance with section 58(3)(a) or 58A(3) or (4), a report on the treatment and the patient’s condition must be given by the approved clinician in charge of the treatment to the regulatory authority at any time, if so required by the regulatory authority.

(1B) In relation to a patient to whom paragraph 5B or 5D of Part 1 of Schedule 1 applies, subsection (1) has effect as if, in paragraph (a), for the words “application for admission for treatment” there were substituted “order under Part 3 of this Act”.

(1C) In relation to a patient to whom paragraph 5C or 6 of Part 1 of Schedule 1 applies, subsection (1) has effect as if, in paragraph (a), the words from “, except that” to the end of that paragraph were omitted.”;

(c) in subsection (3)—

(i) for “58(3)(b)” substitute “57A(3), 58(3)”;

(ii) for “58A(4)” substitute “58A(3), (4)”;

(iii) for “sections 57” substitute “sections 57, 57A”.

(3) In section 55, in subsection (4), after “section 42 above or” insert “section 61(1B) or”.

17 Urgent treatment to alleviate serious suffering

In section 62 of the Mental Health Act 1983 (urgent treatment)—

(a) in subsection (1), for “Sections 57 and 58” substitute “Section 57”;

(b) after subsection (1) insert—

“(1ZA) Sections 57A and 58 do not apply to—

(a) any treatment which falls within paragraphs (a), (b) or (d) of subsection (1), or

(b) any treatment which falls within paragraph (c) of subsection (1) and is given to a patient who lacks capacity to consent to the treatment.”

18 Urgent electro-convulsive therapy etc

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 58A (electro-convulsive therapy etc), in subsection (2), for “section 62” substitute “section 62ZA”.

(3) In section 62 (urgent treatment) omit subsections (1A) to (1C).

(4) After section 62 insert—

“62ZA Urgent treatment: electro-convulsive therapy, etc.

(1) This section applies instead of section 58A—

(a) to any treatment with electro-convulsive therapy where—

(i) the treatment is immediately necessary to save the patient’s life, or

(ii) the treatment is not irreversible and is immediately necessary to prevent a serious deterioration of the patient’s condition;

(b) to any treatment of a form specified under section 58A(1)(b), where the treatment falls within such of paragraphs (a) to (d) of section 62(1) as may be specified in regulations under section 58A(1)(b).

(2) The treatment may be given to a patient who has capacity to consent to the treatment only if—

(a) the patient has consented to it, or

(b) the patient has not consented but a certificate has been given by a second opinion appointed doctor under subsection (4).

(3) The treatment may be given to a patient who lacks capacity to consent to the treatment only if—

(a) the giving of the treatment would not conflict with any of the following—

(i) a valid and applicable advance decision, or

(ii) a decision of a donee or deputy or the Court of Protection, or

(b) the giving of the treatment would conflict with such a decision but a certificate has been given by a second opinion appointed doctor under subsection (5).

(4) A certificate under this subsection is a certificate stating—

(a) that the patient has capacity to consent to the treatment but has not consented to it,

(b) that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A,

(c) where the treatment is electro-convulsive therapy, that the treatment—

(i) is immediately necessary to save the patient’s life, or

(ii) is not irreversible and is immediately necessary to prevent a serious deterioration of the patient’s condition, and

(d) where the treatment is of a form specified under section 58A(1)(b), which of the paragraphs of section 62(1) it falls within (see subsection (1)(b)).

(5) A certificate under this subsection is a certificate stating—

(a) that the patient lacks capacity to consent to the treatment and it appears to the second opinion appointed doctor that there is a decision mentioned in subsection (3)(a) or (b) which, if valid, would conflict with the giving of the treatment,

(b) that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A,

(c) where the treatment is electro-convulsive therapy, that the treatment—

(i) is immediately necessary to save the patient’s life, or

(ii) is not irreversible and is immediately necessary to prevent a serious deterioration of the patient’s condition, and

(d) where the treatment is of a form specified under section 58A(1)(b), which of the paragraphs of section 62(1) it falls within (see subsection (1)(b)).

(6) Before giving a certificate under this section, the second opinion appointed doctor must, if it is practicable to do so within any period specified under section 62ZC(1), consult—

(a) a nurse who has been professionally concerned with the patient's medical treatment and is neither the responsible clinician nor the approved clinician in charge of the treatment in question, and

(b) the patient’s nominated person.

(7) Any request under section 56B for the appointment of a second opinion doctor in relation to the function of giving a certificate under this section must be made by the relevant person (within the meaning of section 56B) as soon as reasonably practicable.

(8) The regulatory authority must, on receiving such a request, make the appointment under section 56B as soon as practicable.

(9) Subsection (3) of section 62 applies for the purposes of this section as it applies for the purposes of that section.

62ZB Life-saving section 62ZA treatment: modified procedure in exceptional circumstances

(1) Where—

(a) a request is made to the regulatory authority under section 56B for the appointment of a second opinion doctor to perform the function of giving a certificate under section 62ZA in relation to any treatment, and

(b) the regulatory authority determines that there are exceptional circumstances which mean that there will be a delay in appointing a second opinion doctor,

a function of a second opinion appointed doctor under section 62ZA in relation to the giving of a certificate containing a statement under subsection (4)(c)(i) or (5)(c)(i) of that section may be performed, instead, by the approved clinician in charge of that treatment.

(2) But no treatment may be given in reliance on a certificate given by the approved clinician by virtue of subsection (1) once the second opinion doctor has been appointed under section 56B.

(3) Each time a patient is given treatment in reliance on a certificate given by the approved clinician by virtue of subsection (1), the managers of the hospital or registered establishment in which the treatment is given must notify the regulatory authority of that treatment as soon as reasonably practicable.

(4) The regulatory authority’s annual report under section 120D must include—

(a) a statement of how many times the regulatory authority has made a determination under subsection (1)(b) in the period to which the report relates and a summary of the reasons why any determinations have been made, and

(b) a statement of how many times during that period treatment has been given in reliance on a certificate issued by virtue of subsection (1).

62ZC Section 62ZA(1) treatment: powers of appropriate national authority

(1) The appropriate national authority may by regulations impose duties on—

(a) the managers of hospitals or registered establishments,

(b) approved clinicians, or

(c) the regulatory authority,

for the purpose of ensuring that a certificate given under section 62ZA is given within a period specified in the regulations.

(2) Regulations under this section may make—

(a) provision subject to specified exceptions;

(b) different provision for different cases;

(c) transitional, consequential, incidental or supplemental provision.”

(5) In section 64 (supplementary provisions for Part 4), in subsection (1) (as substituted by section 10 of this Act), at the appropriate place insert—

• ““the appropriate national authority” has the meaning given by section 58A(10);”.

(6) In section 118 (code of practice), in subsection (1), after paragraph (d) (as inserted by Schedule 3 to this Act) insert—

“(e) for the guidance of the regulatory authority in relation to its functions under or by virtue of Part 4; and”.

19 Remote assessment for treatment

(1) Section 119 of the Mental Health Act 1983 (practitioners approved for Part 4 and section 118) is amended as follows.

(2) In subsection (2)(a), for the first “and” substitute “or”.

(3) After subsection (2) insert—

“(2A) A person authorised by subsection (2) to carry out an interview or examination may, to the extent that they consider appropriate, carry it out—

(a) by live audio link, or

(b) by live video link.”

(4) In subsection (3), before the definition of “regulated establishment” insert—

• ““live audio link”, in relation to the carrying out of an interview or examination, means a live telephone link or other arrangement which enables the patient and the person carrying out the interview or examination to hear one another;

• “live video link”, in relation to the carrying out of an interview or examination, means a live television link or other arrangement which enables the patient and the person carrying out the interview or examination to see and hear one another;”.

20 Capacity to consent to treatment

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 57 (treatment requiring consent and a second opinion), in subsection (2)(a), for “is capable of understanding the nature, purpose and likely effects of” substitute “has capacity to consent to”.

(3) In section 58 (treatment requiring consent or a second opinion), in subsection (3)—

(a) in paragraph (a), for “is capable of understanding its nature, purpose and likely effects” substitute “has capacity to consent to it”;

(b) in paragraph (b), for “is not capable of understanding the nature, purpose and likely effects of” substitute “lacks capacity to consent to”.

(4) In section 58A (electro-convulsive therapy etc)—

(a) in subsection (3)(c), for “is capable of understanding the nature, purpose and likely effects of” substitute “has capacity to consent to”;

(b) in subsection (4)(c), for sub-paragraph (i) (but not the “and” at the end) substitute—

“(i) that the patient has capacity to consent to the treatment and has consented to it,”;

(c) in subsection (7), for the words from “is not” to the end substitute “lacks capacity to consent to the treatment”;

(d) omit subsection (9).

(5) In section 60 (withdrawal of consent)—

(a) in subsection (1A)(b), for the words from “be” to the end substitute “have capacity to consent to the treatment”;

(b) in subsection (1C)—

(i) in paragraph (a), for the words from “is not” to “effects of” substitute “lacks capacity to consent to”;

(ii) in paragraph (b), for the words from “becomes” to the end substitute “gains capacity to consent to that treatment”.

(6) In section 64 (supplementary provisions for Part 4), after subsection (1B) insert—

“(1BA) In relation to a patient who is aged under 16, references in this Part to capacity are to be read as references to competence.

(1BB) In relation to a patient who is aged 16 or over—

(a) references in this Part to lacking capacity are to lacking capacity within the meaning of the Mental Capacity Act 2005, and

(b) references in this Part to having, ceasing to have or gaining capacity are to be read accordingly.

(1BC) References in this Part—

(a) to an advance decision are to an advance decision (within the meaning of the Mental Capacity Act 2005) made by the patient;

(b) to a donee are to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient, where the donee is acting within the scope of their authority and in accordance with that Act;

(c) to a deputy are to a deputy appointed for the patient by the Court of Protection under section 16 of the Mental Capacity Act 2005, where the deputy is acting within the scope of their authority and in accordance with that Act.

(1BD) In this Part “valid and applicable”, in relation to an advance decision, means valid and applicable to the treatment in question in accordance with section 25 of the Mental Capacity Act 2005.”

21 Care and treatment plans

In the Mental Health Act 1983, in Part 10, before section 130A insert—

“130ZA Care and treatment plans for patients in England

(1) The appropriate practitioner must prepare a care and treatment plan for a patient to whom this section applies.

(2) This section applies to a patient who—

(a) is liable to be detained under this Act in a hospital or registered establishment in England otherwise than—

(i) by virtue of an emergency application where the second medical recommendation referred to in section 4(4)(a) has not been given and received, or

(ii) by virtue of section 5(2) or (4), 135 or 136 or directions for detention in a place of safety under section 35(4), 36(3), 37(4), 38(4) or 45A(5),

(b) is subject to guardianship under this Act, if the area of the responsible local social services authority is in England, or

(c) is a community patient, if the responsible hospital is in England.

(3) A “care and treatment plan” is a document—

(a) containing a plan, made in accordance with regulations made by the Secretary of State, for meeting the patient’s needs arising from or related to mental disorder, and

(b) containing, or to which is attached, any other information authorised or required by the regulations.

(4) The information authorised or required to be included in, or attached to, a care and treatment plan by virtue of regulations under subsection (3) may include—

(a) information about people with whom a patient has a relationship or other connection, or to whom a care and treatment plan is relevant, for purposes related to—

(i) the meeting of the patient’s needs mentioned in subsection (3)(a), or

(ii) the review or revision of the care and treatment plan;

(b) any information contained in a report prepared in accordance with section 125A or 125B.

(5) The appropriate practitioner must review a care and treatment plan—

(a) following any meeting relating to the patient under section 125A or 125B;

(b) following any change in the relevant patient’s condition or circumstances which the appropriate practitioner considers significant;

(c) if the appropriate practitioner is considering whether the relevant patient should—

(i) become liable to be detained by virtue of a different provision of this Act,

(ii) become subject to guardianship under this Act,

(iii) become a community patient, or

(iv) be discharged under section 23;

(d) if the appropriate practitioner is notified that the patient’s case is to be considered by a tribunal under this Act;

(e) if requested to do so by virtue of section 130ZB(3);

(f) if reasonably requested to do so by—

(i) the relevant patient;

(ii) anyone named by the relevant patient as someone to be consulted about their care and treatment plan;

(iii) the relevant patient’s nominated person;

(iv) any independent mental health advocate from whom the relevant patient is receiving help by virtue of section 130A;

(v) any donee or deputy for the relevant patient;

(vi) any other person who cares for the relevant patient or is interested in the relevant patient’s welfare.

(6) When preparing or reviewing a care and treatment plan, the appropriate practitioner must, if it is practicable and appropriate to do so, consult the persons mentioned in subsection (5)(f).

(7) The Secretary of State may by regulations make provision—

(a) requiring a care and treatment plan to be revised in specified circumstances;

(b) specifying, in relation to cases in which a care and treatment plan must be prepared, reviewed or revised, when that must be done.

(8) The Secretary of State may by regulations make provision about—

(a) disclosure of information contained in a care and treatment plan;

(b) disclosure of other information for the purposes of functions under this section.

(9) Regulations under this section may make—

(a) provision subject to specified exceptions;

(b) different provision for different cases;

(c) transitional, consequential, incidental or supplemental provision.

(10) References in this section—

(a) to a donee for a patient are to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient;

(b) to a deputy for a patient are to a deputy appointed for the patient by the Court of Protection under section 16 of the Mental Capacity Act 2005;

(c) to the responsible local social services authority—

(i) in relation to a patient who is subject to guardianship in pursuance of a guardianship application, are to be read in accordance with section 34(3);

(ii) in relation to a patient who is subject to guardianship in pursuance of a guardianship order under section 37, are to the local social services authority specified in the order.

(11) In this section “the appropriate practitioner” has the same meaning as in Part 2 (see section 34(1)).

130ZB Care and treatment plans: monitoring

(1) The managers of a hospital or registered establishment in England must make arrangements for the monitoring of compliance with the duties imposed by section 130ZA in relation to relevant patients for whom the managers are responsible.

(2) A local social services authority whose area is in England must make arrangements for the monitoring of compliance with the duties imposed by section 130ZA in relation to relevant patients for whom the authority is the responsible local social services authority.

(3) Arrangements under subsection (1) or (2) must include arrangements for the appropriate practitioner, in relation to a relevant patient, to be requested to review the patient’s care and treatment plan where the managers or local social services authority (as the case may be) consider that the care and treatment plan should be reviewed.

(4) For the purposes of subsection (1) the managers of a hospital or registered establishment are “responsible” for a relevant patient if the patient—

(a) is liable to be detained under this Act in the hospital or registered establishment, or

(b) is a community patient for whom the hospital or registered establishment is the responsible hospital.

(5) The reference in subsection (2) to the responsible local social services authority is to be read in accordance with section 130ZA(10)(c).

(6) In this section—

• “the appropriate practitioner” has the same meaning as in Part 2 (see section 34(1));

• “care and treatment plan” has the meaning given by section 130ZA(3);

• “relevant patient” means a patient to whom section 130ZA applies.”