A local social services authority shall appoint a sufficient number of approved social workers for the purpose of discharging the functions conferred on them by this Act.

No person shall be appointed by a local social services authority as an approved social worker unless he is approved by the authority as having appropriate competence in dealing with persons who are suffering from mental disorder.

In approving a person for appointment as an approved social worker a local social services authority shall have regard to such matters as the Secretary of State may direct.

The relevant Council may, in accordance with rules made by it, approve courses for persons who are or wish to become approved mental health professionals.

The functions of an approved mental health professional shall not be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000.

The General Social Care Council and the Care Council for Wales may also carry out, or assist other persons in carrying out, research into matters relevant to training for approved mental health professionals.

Where a patient to whom this section applies is admitted to a hospital F2independent hospital or care home in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital or nursing home as would be expected to be taken by his parents.

This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of F5a hospital direction made under section 45A above or a transfer direction made under section 47 or 48 above, and then cease to be detained and F6(whether or not immediately after so ceasing) leave hospital.

It shall be the duty of the F7Primary Care Trust orF22Health Authority and of the local social services authority to provide, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the F7Primary Care Trust orF22Health Authority and the local social services authority are satisfied that the person concerned is no longer in need of such services F8; but they shall not be so satisfied in the case of a patient who is subject to after-care under supervision at any time while he remains so subject.

Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.

In this F10section “ the F7Primary Care Trust or Health Authority”means the F7Primary Care Trust or Health Authority, and “the local social services authority” means the local social services authority, for the area in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained.

The code shall, in particular, specify forms of medical treatment in addition to any specified by regulations made for the purposes of section 57 above which in the opinion of the Secretary of State give rise to special concern and which should accordingly not be given by a registered medical practitioner unless the patient has consented to the treatment (or to a plan of treatment including that treatment) and a certificate in writing as to the matters mentioned in subsection (2)(a) and (b) of that section has been given by another registered medical practitioner, being a practitioner appointed for the purposes of this section by the Secretary of State.

Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.

The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.

No resolution shall be passed by either House of Parliament under subsection (4) above in respect of a code or alteration after the expiration of the period of 40 days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

The Secretary of State shall publish the code as for the time being in force.

The Secretary of State may make such provision as he may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of registered medical practitioners appointed by him for the purposes of Part IV of this Act and section 118 above and to or in respect of other persons appointed for the purposes of section 57(2)(a) above.

The arrangements made under this section in respect of the investigation of complaints may exclude matters from investigation in specified circumstances and shall not require any person exercising functions under the arrangements to undertake or continue with any investigation where he does not consider it appropriate to do so.

Where any such complaint as is mentioned in subsection (1)(b)(ii) above is made by a Member of Parliament and investigated under the arrangements made under this section the results of the investigation shall be reported to him.

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The Secretary of State may make such provision as he may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any such review as is mentioned in subsection (1) above or functions under arrangements made under this section.

The powers and duties referred to in subsection (1) above do not include any power or duty conferred or imposed by Part VII of this Act.

The regulatory authority may publish a report of a review or investigation carried out by it under section 120(1).

The Secretary of State may by regulations make provision as to the procedure to be followed in respect of the making of representations to the Care Quality Commission before the publication of a report by the Commission under subsection (1).

The Secretary of State must consult the Care Quality Commission before making any such regulations.

The Welsh Ministers may by regulations make provision as to the procedure to be followed in respect of the making of representations to them before the publication of a report by them under subsection (1).

The regulatory authority may direct a person mentioned in subsection (2) to publish a statement as to the action the person proposes to take as a result of a review or investigation under section 120(1).

Regulations may make further provision about the content and publication of statements under this section.

A person to whom this section applies must provide the regulatory authority with such information as the authority may reasonably request for or in connection with the exercise of its functions under section 120.

A person to whom this section applies must provide a person authorised under section 120 with such information as the person so authorised may reasonably request for or in connection with the exercise of functions under arrangements made under that section.

This section is in addition to the requirements of section 120(7)(c).

“Information” includes documents and records.

The regulatory authority must publish an annual report on its activities in the exercise of its functions under this Act.

The report must be published as soon as possible after the end of each financial year.

The Care Quality Commission must send a copy of its annual report to the Secretary of State who must lay the copy before Parliament.

The Welsh Ministers must lay a copy of their annual report before the National Assembly for Wales.

Without prejudice to section 126(3) of the M3National Health Service Act 1977 (power to vary or revoke orders or directions) there shall continue to be a F26Special Health Authority known as the Mental Health Act Commission established under section 11 of that Act.

The registered medical practitioners and other persons appointed for the purposes mentioned in subsection (2)(a) above may include members of the Commission.

The Secretary of State may, at the request of or after consultation with the Commission and after consulting such other bodies as appear to him to be concerned, direct the Commission to keep under review the care and treatment, or any aspect of the care and treatment, in hospitals F27, independent hospitals and care homes of patients who are not liable to be detained under this Act.

The Secretary of State may make such provision as he may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any such review as is mentioned in subsection (4) above.

On an application under subsection (7) above the Commission may direct that the postal packet which is the subject of the application (or anything contained in it) shall not be withheld and the managers in question shall comply with any such direction.

The Secretary of State may by regulations make provision with respect to the making and determination of applications under subsection (7) above, including provision for the production to the Commission of any postal packet which is the subject of such an application.

The Commission shall in the second year after its establishment and subsequently in every second year publish a report on its activities; and copies of every such report shall be sent by the Commission to the Secretary of State who shall lay a copy before each House of Parliament.

Paragraph 9 of Schedule 5 to the said Act of 1977 (pay and allowances for chairmen and members of F29Special Health Authorities) shall have effect in relation to the Mental Health Act Commission as if references in sub-paragraphs (1) and (2) to the chairman included references to any member and as if F30the reference to a member in subparagraph (4) included a reference to the chairman.

The Secretary of State may pay to persons who are receiving treatment as in-patients (whether liable to be detained or not) in F14 special hospitals or other hospitals, being hospitalswholly or mainly used for the treatment of persons suffering from mental disorder, such amounts as he thinks fit in respect of their occasional personal expenses where it appears to him that they would otherwise be without resources to meet those expenses.

For the purposes of the M4National Health Service Act 1977, the making of payments under this section to persons for whom hospital services are provided under that Act shall be treated as included among those services.

Without prejudice to any other provisions of this Act with respect to the transfer of patients, any patient who is for the time being liable to be detainedF15. . . under this Act (other than under section 35, 36 or 38 above) F16in a hospital at which high security psychiatric services are provided may, upon the directions of the Secretary of State, at any time be removed into any F17other hospital at which those services are provided.

Without prejudice to any such provision, the Secretary of State may give directions for the transfer of any patient who is for the time being liable to be so detained into a hospital F18at which those services are not provided.

Subsections (2) and (4) of section 19 above shall apply in relation to the transfer or removal of a patient under this section as they apply in relation to the transfer or removal of a patient from one hospital to another under that section.