Mental Health Act 2007

11 Further amendments to Part 3 of 1983 Act U.K.

(1) Part 3 of the 1983 Act (patients concerned in criminal proceedings) is further amended as follows.

(2) In section 50(1) (powers of Secretary of State in respect of prisoners under sentence)—

(a) for “responsible medical officer” substitute “ responsible clinician ”, and

(b) for “registered medical practitioner” substitute “ approved clinician ”.

(3) In section 51 (further provisions as to detained persons)—

(a) in subsection (3)—

(i) for “responsible medical officer” substitute “ responsible clinician ”, and

(ii) for “registered medical practitioner” substitute “ approved clinician ”, and

(b) in subsection (4), for “responsible medical officer” substitute “ responsible clinician ”.

(4) In section 52 (further provisions as to persons remanded by magistrates' courts), in subsections (5) and (7), for “responsible medical officer” substitute “ responsible clinician ”.

(5) In section 53(2) (powers of Secretary of State in respect of civil prisoners and persons detained under the Immigration Acts)—

(a) for “responsible medical officer” substitute “ responsible clinician ”, and

(b) for “registered medical practitioner” substitute “ approved clinician ”.

(6) In section 54 (requirements as to medical evidence), for subsection (2) substitute—

“(2) For the purposes of any provision of this Part of this Act under which a court may act on the written evidence of any person, a report in writing purporting to be signed by that person may, subject to the provisions of this section, be received in evidence without proof of the following—

(a) the signature of the person; or

(b) his having the requisite qualifications or approval or authority or being of the requisite description to give the report.

(2A) But the court may require the signatory of any such report to be called to give oral evidence.”

(7) In section 55 (interpretation of Part 3), for the definition of “responsible medical officer” in subsection (1) substitute—

““responsible clinician”, in relation to a person liable to be detained in a hospital within the meaning of Part 2 of this Act, means the approved clinician with overall responsibility for the patient's case.”

(8) In Part 2 of Schedule 1 (modifications in relation to patients subject to special restrictions), in paragraph 3—

(a) in paragraph (b), for “ “the responsible medical officer” and after the words “that officer”” substitute “ “the responsible clinician” and after the words “that clinician” ”, and

(b) in paragraph (c), for “ “by the responsible medical officer”” substitute “by the responsible clinician” .