Mental Health Bill [HL]

moved Amendments Nos. 46A and 47: 46A: Clause 26 , page 19, line 32, at end insert— ““(4A) The responsible clinician may not furnish a report to the managers unless— (a) an approved mental health professional states in writing— (i) that he agrees with the opinion of the responsible clinician that the relevant conditions are met; (ii) that it is appropriate to make the order; and (b) if the responsible clinician is not a medical practitioner, a medical practitioner, as provided in section 17F(4A), has examined the patient and as a result of the medical examination it appears that the conditions mentioned in subsection (6) are satisfied in respect of the patient.”” 47: Clause 26 , page 19, line 40, leave out from beginning to end of line 1 on page 20 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; (f) appropriate medical treatment is available for him.”” On Question, amendments agreed to. [Amendment No. 48 not moved.] Schedule 3 [Supervised community treatment: further amendments to 1983 Act]: [Amendments Nos. 49 to 50A not moved.]