Mental Health Bill [HL]

moved Amendment No. 36A: 36A: Clause 26 , page 15, line 39, leave out from beginning to end of line 7 on page 16 and insert— ““(b) except where a patient is detained under Part 3 of this Act (a patient concerned in criminal proceedings or under sentence), the patient’s ability to make decisions about the provision of medical treatment is significantly impaired because of his mental disorder; (c) it is necessary for the protection of others from serious harm that he should receive treatment; (d) subject to his being liable to be recalled to hospital for medical treatment such treatment can be provided without his continuing to be detained in a hospital and it cannot be provided unless he is liable to be recalled to hospital; (e) the patient has, on at least one occasion previous to the present admission under section 3, refused to accept medical treatment for a mental disorder and— (i) when appropriate medical treatment has been refused there has been a significant relapse in his mental or physical condition justifying compulsory admission to hospital; and (ii) medical treatment following compulsory admission alleviated or prevented a deterioration in his condition; and (f) appropriate medical treatment is available for him.”” On Question, amendment agreed to. [Amendments Nos. 37 and 38 not moved.]