Mental Health Bill [HL]

moved Amendments Nos. 30 and 31: 30: After Clause 25, insert the following new Clause— ““Electro-convulsive therapy, etc. After section 58 of the 1983 Act insert— ““58A Electro-convulsive therapy, etc. (1) This section applies to the following forms of medical treatment for mental disorder— (a) electro-convulsive therapy; and (b) such other forms of treatment as may be specified for the purposes of this section by regulations made by the appropriate national authority. (2) Subject to section 62 below, a patient shall be not be given any form of treatment to which this section applies unless he falls within subsection (3) or (4) below. (3) A patient falls within this subsection if— (a) he has consented to the treatment in question; and (b) either the approved clinician in charge of it or a registered medical practitioner appointed as mentioned in section 58(3) above has certified in writing that the patient is capable of understanding the nature, purpose and likely effects of the treatment and has consented to it. (4) A patient falls within this subsection if a registered medical practitioner appointed as aforesaid (not being the approved clinician in charge of the treatment in question) has certified in writing— (a) that the patient is not capable of understanding the nature, purpose and likely effects of the treatment; but (b) that it is appropriate for the treatment to be given; and (c) that giving him the treatment would not conflict with— (i) an advance decision which the registered medical practitioner concerned is satisfied is valid and applicable; (ii) a decision made by a donee or deputy or by the Court of Protection; or (iii) an order of a court. (5) Before giving a certificate under subsection (4) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment, and of those persons one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner nor the responsible clinician. (6) Before making any regulations for the purposes of this section, the appropriate national authority shall consult such bodies as appear to it to be concerned. (7) In this section— (a) a reference to an advance decision is to an advance decision (within the meaning of the Mental Capacity Act 2005) made by the patient; (b) ““valid and applicable””, in relation to such a decision, means valid and applicable to the treatment in question in accordance with section 25 of that Act; (c) a reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act; and (d) a reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act. (8) In this section, ““the appropriate national authority”” means— (a) in a case where the treatment in question would, if given, be given in England, the Secretary of State; (b) in a case where the treatment in question would, if given, be given in Wales, the Welsh Ministers.”””” 31: After Clause 25, insert the following new Clause— ““Section (Electro-convulsive therapy, etc.): supplemental (1) Part 4 of the 1983 Act (consent to treatment) is amended as follows. (2) In section 58 (treatment requiring consent or a second opinion)— (a) in subsection (1)(b), after ““section 57 above”” insert ““or section 58A(1)(b) below””, and (b) in subsection (3)(b), before ““has not consented to it”” insert ““being so capable””. (3) In section 59 (plans of treatment), for ““or 58”” substitute ““, 58 or 58A””. (4) In section 60 (withdrawal of consent), for ““or 58””, substitute ““, 58 or 58A””. (5) In section 61 (review of treatment)— (a) in subsection (1), for ““or 58(3)(b)”” substitute ““, 58(3)(b) or 58A(4)””, and (b) in subsection (3)— (i) for ““or 58(3)(b)”” substitute ““, 58(3)(b) or 58A(4)””, and (ii) for ““and 58”” substitute ““, 58 and 58A””. (6) In section 62 (urgent treatment)— (a) in subsection (1), for ““and 58”” substitute ““, 58 and 58A””, and (b) in subsection (2), for ““or 58”” substitute ““, 58 or 58A””. (7) In section 63 (treatment not requiring consent), for ““, not being treatment falling within section 57 or 58 above,”” substitute ““, not being a form of treatment to which section 57, 58 or 58A above applies””.”” On Question, amendments agreed to.