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Mental Health Bill [Lords]

With this it will be convenient to discuss the following: Amendment (a) to the proposed new clause, after paragraph (1),  insert— ‘(1A) The appropriate national authority must ensure that help under arrangements made under subsection (1) is available to a qualifying patient from the point at which he undergoes any assessment for the purposes of this Act.’. Amendment (b) to the proposed new clause, in new section 130C(3)(b), at end insert ‘, or is admitted to, or remains in, a hospital, or registered establishment in pursuance of such arrangements as are mentioned in section 131(1).’. Amendment (c) to the proposed new clause, after new section 130C(3)(b), insert— ‘(3A) A patient is also a qualifying patient if he is about to undergo, or has undergone, any assessment for the purposes of this Act.’. Government new clause 5— Independent mental capacity advocacy service: exceptions. New clause 15— Treatment requiring consent (period of time since administration of treatment) ‘(1) Section 58 of the 1983 Act is amended as follows. 18 Jun 2007 : Column 1094 (2) In subsection (1)(b) leave out ““three months”” and insert ““two months””.’. New clause 17— Nomination of carer as nearest relative ‘(1) The 1983 Act is amended as follows. (2) After section 26(4) insert— ““(4A) Where a person has made an advance nomination with regard to the choice of a relative or other person to be his nearest relative, his nearest relative shall, subject to the power of the court under section 29 to appoint an acting nearest relative, be determined by giving preference to that choice. (4B) ““Advance nomination”” means a nomination made by a person (““P””), after he has reached 18 and when he has capacity to do so and in contemplation that he shall become subject to any act or decision exercisable under the provisions of this Act that his choice of nearest relative shall take precedence over the provisions of subsection (3). (4C) For the purposes of subsection (4B) P’s nomination must be his carer as defined by section 1(1)(a) of the Carer’s and Disabled Children Act 2000. (4D) For the purposes of section (4B) nomination cannot be made or withdrawn if P is subject to an order under this Act. (4E) An advance nomination is not valid if P— (a) has withdrawn the decision at a time when he had capacity to do so, or (b) has done anything else clearly inconsistent with the advance nomination remaining his fixed decision. (4F) An advance nomination is valid only if— (a) it is in writing, (b) it is signed by P or by another person in P’s presence and by P’s direction, (c) the signature is made or acknowledged by P in the presence of a witness, and (d) the witness signs it, or acknowledges his signature, in P’s presence. (4G) The court may make a declaration as to whether an advance nomination— (a) exists; and (b) is valid.””.’. Amendment No. 104, in clause 23, page 15, line 27, leave out ‘or’. Amendment No. 105, in page 15, line 29, at end insert ‘because his appointment poses a risk to the health or well-being of the patient; or (f) that in the reasonable opinion of the patient the person is not appropriate.’. Government amendments Nos. 51 to 58, 60 to 66 and 68