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Mental Health Bill [HL]

moved Amendment No. 55: 55: Clause 28, page 21, line 17, leave out ““after ““58(3)(b) above”””” and insert ““before ““a report on”””” The noble Lord said: My Lords, I shall also speak to Amendment No. 56. This is a technical amendment that rectifies an anomaly that the Bill would otherwise have created in respect of the duty of approved clinicians to report to the Mental Health Act Commission. Section 61(1) of the Act currently requires reports to be made to the commission when a patient’s detention is renewed, if the patient has been treated without consent in the previous period of detention under a certificate given by a SOAD under Part 4 of the Act. Clause 28, as currently drafted, would have imposed that duty in respect of recalled community patients, even if a certificate was not needed for their treatment. It is not necessary to impose a requirement to report in those circumstances. To do so would be out of kilter with the requirements applying to detained patients, and would impose a small but unnecessary additional burden on clinicians and the Mental Health Act Commission. The amendment will ensure that Section 61 of the Act remains properly targeted on treatment authorised by SOADs appointed by the commission. I beg to move.