Textual Amendments
F1S. 114 and cross-heading substituted (1.4.2008 for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 18, 56 (with Sch. 10); S.I. 2008/745, arts. 2(a), 3(b); S.I. 2008/1900, art. 2(c) (with art. 3, Sch.); S.I. 2008/2156, art. 2(a) (with art. 3, Sch.)
(1)A local social services authority may approve a person to act as an approved mental health professional for the purposes of this Act.
(2)But a local social services authority may not approve a registered medical practitioner to act as an approved mental health professional.
(3)Before approving a person under subsection (1) above, a local social services authority shall be satisfied that he has appropriate competence in dealing with persons who are suffering from mental disorder.
(4)The appropriate national authority may by regulations make provision in connection with the giving of approvals under subsection (1) above.
(5)The provision which may be made by regulations under subsection (4) above includes, in particular, provision as to—
(a)the period for which approvals under subsection (1) above have effect;
(b)the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect;
(c)the conditions subject to which such approvals are to be given; and
(d)the factors to be taken into account in determining whether persons have appropriate competence as mentioned in subsection (3) above.
(6)Provision made by virtue of subsection (5)(b) above may relate to courses approved or provided by such person as may be specified in the regulations (as well as to courses approved under section 114A below).
(7)An approval by virtue of subsection (6) above may be in respect of a course in general or in respect of a course in relation to a particular person.
(8)The power to make regulations under subsection (4) above includes power to make different provision for different cases or areas.
(9)In this section “the appropriate national authority” means—
(a)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in England, the Secretary of State;
(b)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, the Welsh Ministers.
(10)In this Act “approved mental health professional” means—
(a)in relation to acting on behalf of a local social services authority whose area is in England, a person approved under subsection (1) above by any local social services authority whose area is in England, and
(b)in relation to acting on behalf of a local social services authority whose area is in Wales, a person approved under that subsection by any local social services authority whose area is in Wales.]
Textual Amendments
F2S. 114 and cross-heading substituted (1.4.2008 for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 18, 56 (with Sch. 10); S.I. 2008/745, arts. 2(a), 3(b); S.I. 2008/1900, art. 2(c) (with art. 3, Sch.); S.I. 2008/2561, art. 2(a) (with art. 3, Sch.)
(1)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.
(2)For that purpose—
(a)subsections (2) to (4)(a) and (7) of section 63 of the Care Standards Act 2000 apply as they apply to approvals given, rules made and courses approved under that section; and
(b)sections 66 and 71 of that Act apply accordingly.
(3)In subsection (1), “the relevant Council” means—
(a)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in England, the General Social Care Council;
(b)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, the Care Council for Wales.
(4)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.
(5)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.]
Textual Amendments
F3S. 114A inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 19, 56 (with Sch. 10); S.I. 2007/2798, art. 2(a)
(1)An approved mental health professional may at all reasonable times enter and inspect any premises (other than a hospital) in which a mentally disordered patient is living, if he has reasonable cause to believe that the patient is not under proper care.
(2)The power under subsection (1) above shall be exercisable only after the professional has produced, if asked to do so, some duly authenticated document showing that he is an approved mental health professional.]
Textual Amendments
F4S. 115 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 8 (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)
(1)Where a patient to whom this section applies is admitted to a hospital [F5independent 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.
(2)This section applies to-
[F6(a)a child or young person—
(i)who is in the care of a local authority by virtue of a care order within the meaning of the M1 Children Act 1989, or
(ii)in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the M2Social Work (Scotland) Act 1968;]
(b)a person who is subject to the guardianship of a local social services authority under the provisions of this Act F7. . . ; or
(c)a person the functions of whose nearest relative under this Act F7. . . are for the time being transferred to a local social services authority.
Textual Amendments
F5Words in s. 116(1) substituted (1.4.2002 for E.W and otherwise (prosp.)) by 2000 c. 14, s. 116, Sch. 4 para. 9(5); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F6S. 116(2)(a) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 42; S.I. 1991/1883, art. 3, Sch.
F7Words in s. 116(2)(b)(c) repealed (S.) (27.9.2005) by virtue of The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.I. 2005/465), art. 3, Sch. 2 and words in s. 116(2)(b)(c) repealed (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions Order) 2005 (S.I. 2005/2078), art. 16, Sch. 3
Marginal Citations
(1)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 [F8a 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 [F9(whether or not immediately after so ceasing)] leave hospital.
(2)It shall be the duty of the [F10Primary Care Trust or][F11Local Health Board] 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 [F10Primary Care Trust or][F11Local Health Board] and the local social services authority are satisfied that the person concerned is no longer in need of such services [F12; but they shall not be so satisfied in the case of a [F13community patient while he remains such a patient.] .]
F14(2A)F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B)Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.
(3)In this [F16section “ the [F10Primary Care Trust or][F11Local Health Board]” means the [F10Primary Care Trust or][F11Local Health Board], 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.
Textual Amendments
F8Words in s. 117(1) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4, para. 12(17); S.I.1997/2200, art. 2(2)
F9Words in s. 117(1) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 15(2)
F10Words in s. 117(2)(2A)(3) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 47; S.I. 2002/2478, art. 3(1)(d) (with saving in art. 3(3) and transitional provision in art. 4)
F11Words in s. 117(2)(2A)(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(9)
F12Words in s. 117(2) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 15(3)
F13Words in s. 117(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 24 (with Sch. 10); S.I. 2008/1210, art. 2(b) (with art. 4)
F14S. 117(2A)-(2B) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 15(4)
F15S. 117(2A) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4)
F16Words in s. 117(3) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1), 9(3), Sch. 1, Pt. III, para. 107(8)(b) (with ss. 2(3), 8)
Modifications etc. (not altering text)
C1S. 117(2)(2A): functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2
(1)The Secretary of State shall prepare, and from time to time revise, a code of practice—
(a)for the guidance of registered medical practitioners [F17, approved clinicians] , managers and staff of hospitals [F18, independent hospitals and care homes] and [F19approved mental health professionals] in relation to the admission of patients to hospitals [F20and registered establishments] under this Act [F21and to guardianship and [F22community patients] under this Act]; and
(b)for the guidance of registered medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder.
(2)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.
[F23(2A)The code shall include a statement of the principles which the Secretary of State thinks should inform decisions under this Act.
(2B)In preparing the statement of principles the Secretary of State shall, in particular, ensure that each of the following matters is addressed—
(a)respect for patients' past and present wishes and feelings,
(b)respect for diversity generally including, in particular, diversity of religion, culture and sexual orientation (within the meaning of section 35 of the Equality Act 2006),
(c)minimising restrictions on liberty,
(d)involvement of patients in planning, developing and delivering care and treatment appropriate to them,
(e)avoidance of unlawful discrimination,
(f)effectiveness of treatment,
(g)views of carers and other interested parties,
(h)patient wellbeing and safety, and
(i)public safety.
(2C)The Secretary of State shall also have regard to the desirability of ensuring—
(a)the efficient use of resources, and
(b)the equitable distribution of services.
(2D)In performing functions under this Act persons mentioned in subsection (1)(a) or (b) shall have regard to the code.]
(3)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.
(4)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.
(5)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.
(6)The Secretary of State shall publish the code as for the time being in force.
Textual Amendments
F17Words in s. 118(1)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 14(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F18Words in s. 118(1) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(6)(a); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F19Words in s. 118(1)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 9 (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.|. 2008/2561, {art. 2(b)} (with art. 3, Sch.)
F20Words in s. 118(1) substituted (1.4.2002) by 2000 c. 14, ss. 116, 122, Sch. 4 para. 9(6)(b); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F21Words in s. 118(1)(a) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 16
F22Words in s. 118(1)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 25 (with Sch. 10); S.I. 2008/1210, art. 2(b) (with art. 4)
F23S. 118(2A)-(2D) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 8, 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
Modifications etc. (not altering text)
(1)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.
(2)A registered medical practitioner or other person appointed by the Secretary of State for the purposes of the provisions mentioned in subsection (1) above may, for the purpose of exercising his functions under those provisions [F24or under Part 4A of this Act] , at any reasonable time—
(a)visit and interview and, in the case of a registered medical practitioner, examine in private any patient detained [F25in a hospital or registered establishment or any community patient in a hospital or establishment of any description or (if access is granted) other place] ; and
(b)require the production of and inspect any records relating to the treatment of the patient [F26there] .
[F27(3)In this section, “establishment of any description” shall be construed in accordance with section 4(8) of the Care Standards Act 2000.]
Textual Amendments
F24Words in s. 119(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(2)(a)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)
F25Words in s. 119(2)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(2)(a)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)
F26Words in s. 119(2)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(2)(a)(iii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)
F27S. 119(3) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)
(1)The Secretary of State shall keep under review the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or to patients liable to be detained under this Act [F28or to community patients] and shall make arrangements for persons authorised by him in that behalf—
(a)to visit and interview in private patients detained under this Act in hospitals and [F29registered establishments][F30and community patients in hospitals and establishments of any description and (if access is granted) other places] ; and
(b)to investigate—
(i)any complaint made by a person in respect of a matter that occurred while he was detained under this Act in [F31, or recalled under section 17E above to,] a hospital or [F29registered establishment] and which he considers has not been satisfactorily dealt with by the managers of that hospital or [F29registered establishment]; and
(ii)any other complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a person who is or has been so detained [F32or is or has been a community patient].
(2)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.
(3)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.
(4)For the purpose of any such review as is mentioned in subsection (1) above or of carrying out his functions under arrangements made under this section any person authorised in that behalf by the Secretary of State may at any reasonable time—
(a)visit and interview and, if he is a registered medical practitioner [F33or approved clinician] , examine in private any patient in a [F34hospital or establishment of any description] ; and
(b)require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained [F35under this Act or who is or has been a community patient] .
(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
(6)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.
(7)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.
[F37(8)In this section, “establishment of any description” has the same meaning as in section 119 above.]
Textual Amendments
F28Words in s. 120(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(2)(a) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F29Words in s. 120(1)(4) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, reg. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F30Words in s. 120(1)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(2)(b) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F31Words in s. 120(1)(b)(i) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(2)(c)(i) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F32Words in s. 120(1)(b)(ii) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(2)(c)(ii) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F33Words in s. 120(4)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 14(3)(a), 56, (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F34Words in s. 120(4)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(3)(a) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F35Words in s. 120(4)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(3)(b) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F36S. 120(5) repealed by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 3
F37S. 120(8) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 26(4) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
Valid from 01/04/2009
(1)The regulatory authority may publish a report of a review or investigation carried out by it under section 120(1).
(2)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).
(3)The Secretary of State must consult the Care Quality Commission before making any such regulations.
(4)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).
Textual Amendments
F38Ss. 120A-120D inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 9; S.I. 2009/462, art. 1(1)(b), 2, Sch. 1 para. 33
Valid from 01/04/2009
(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).
(2)The persons are—
(a)the managers of a hospital within the meaning of Part 2 of this Act;
(b)a local social services authority;
(c)persons of any other description prescribed in regulations.
(3)Regulations may make further provision about the content and publication of statements under this section.
(4)“Regulations” means regulations made—
(a)by the Secretary of State, in relation to England;
(b)by the Welsh Ministers, in relation to Wales.
Textual Amendments
F38Ss. 120A-120D inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 9; S.I. 2009/462, art. 1(1)(b), 2, Sch. 1 para. 33
Valid from 01/04/2009
(1)This section applies to the following persons—
(a)the managers of a hospital within the meaning of Part 2 of this Act;
(b)a local social services authority;
(c)persons of any other description prescribed in regulations.
(2)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.
(3)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.
(4)This section is in addition to the requirements of section 120(7)(c).
(5)“Information” includes documents and records.
(6)“Regulations” means regulations made—
(a)by the Secretary of State, in relation to England;
(b)by the Welsh Ministers, in relation to Wales.
Textual Amendments
F38Ss. 120A-120D inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 9; S.I. 2009/462, art. 1(1)(b), 2, Sch. 1 para. 33
Valid from 01/04/2009
(1)The regulatory authority must publish an annual report on its activities in the exercise of its functions under this Act.
(2)The report must be published as soon as possible after the end of each financial year.
(3)The Care Quality Commission must send a copy of its annual report to the Secretary of State who must lay the copy before Parliament.
(4)The Welsh Ministers must lay a copy of their annual report before the National Assembly for Wales.
(5)In this section “financial year” means—
(a)the period beginning with the date on which section 52 of the Health and Social Care Act 2008 comes into force and ending with the next 31 March following that date, and
(b)each successive period of 12 months ending with 31 March.]
Textual Amendments
F38Ss. 120A-120D inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 9; S.I. 2009/462, art. 1(1)(b), 2, Sch. 1 para. 33
(1)Without prejudice to [F39section 273(1) of the National Health Service Act 2006, or section 204(1) of the National Health Service (Wales) Act 2006](power to vary or revoke orders or directions) there shall continue to be a [F40Special Health Authority] known as the Mental Health Act Commission established under section 11 of that Act.
(2)Without prejudice to the generality of his powers under section 13 of that Act, the Secretary of State shall direct the Commission to perform on his behalf—
(a)the function of appointing registered medical practitioners for the purposes of Part IV of this Act and section 118 above and of appointing other persons for the purposes of section 57(2)(a) above; and
(b)the functions of the Secretary of State under sections 61 [F41, 64H(5)] and 120(1) and (4) above.
(3)The registered medical practitioners and other persons appointed for the purposes mentioned in subsection (2)(a) above may include members of the Commission.
(4)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 [F42, independent hospitals and care homes] of patients who are [F43neither liable to be detained under this Act nor community patients] .
(5)For the purpose of any such review as is mentioned in subsection (4) above any person authorised in that behalf by the Commission may at any reasonable time—
(a)visit and interview and, if he is a registered medical practitioner [F44or approved clinician] , examine in private any patient in [F45an independent hospital or a care home]; and
(b)require the production of and inspect any records relating to the treatment of any person who is or has been a patient in [F45an independent hospital or a care home].
(6)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.
(7)The Commission shall review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 134 below if an application in that behalf is made—
(a)in a case under subsection (1)(b), by the patient; or
(b)in a case under subsection (2), either by the patient or by the person by whom the postal packet was sent;
and any such application shall be made within six months of the receipt by the applicant of the notice referred to in subsection (6) of that section.
(8)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.
(9)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.
(10)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.
(11)[F46Paragraph 2 of Schedule 6 to the National Health Service Act 2006, and paragraph 2 of Schedule 5 to the National Health Service (Wales) Act 2006](pay and allowances for chairmen and members of [F47Special 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 [F48the reference to a member in subparagraph (4) included a reference to the chairman].
Textual Amendments
F39Words in s. 121(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 66(a) (with Sch. 3 Pt. 1)
F40Words in s. 121(1) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 107(9)
F41Word in s. 121(2)(b) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)
F42Words in s. 121(4) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(7)(a); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Sch. 1-3 and art. 3(4)-(10))
F43Words in s. 121(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 27 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F44Words in s. 121(5)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 14(3)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F45Words in s. 121(5)(a)(b) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(7)(b); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F46Words in s. 121(11) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 66(b) (with Sch. 3 Pt. 1)
F47Words in s. 121(11) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III, para. 107(9)
F48Words substituted by Health and Social Security Act 1984 (c. 48, SIF 113:1), s. 6(4)
(1)The Secretary of State may pay to persons who are receiving treatment as in-patients (whether liable to be detained or not) in [F49 special hospitals or other hospitals, being hospitals]wholly 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.
(2)For the purposes of the [F50National Health Service Act 2006 and the National Health Service (Wales) Act 2006] , the making of payments under this section to persons for whom hospital services are provided under [F51either of those Acts] shall be treated as included among those services.
Textual Amendments
F49Words in s. 122(1) repealed (1.4.2000 for E.W.) by 1999 c. 8, s. 65, Sch. 4 para. 66, Sch. 5; S.I. 1999/2793, art. 2(3)(a), Sch. 3
F50Words in s. 122(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 67(a) (with Sch. 3 Pt. 1)
F51Words in s. 122(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 67(b) (with Sch. 3 Pt. 1)
(1)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 detainedF52. . . under this Act (other than under section 35, 36 or 38 above) [F53in 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 [F54other hospital at which those services are provided].
(2)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 [F55at which those services are not provided].
(3)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.
Textual Amendments
F52Words in s. 123(1) repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 4 para. 67(a), Sch. 5; S.I. 1999/2793, art. 2(3), Sch. 3
F53Words in s. 123(1) inserted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 67(a); S.I. 1999/2793, art. 2(3), Sch. 3
F54Words in s. 123(1) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 67(a); S.I. 1999/2793, art. 2(3), Sch. 3
Textual Amendments
F56S. 124 repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 66(2), Sch. 10; S.I. 1992/2975, art. 2(2),Sch.
F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F57S. 125 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 49, 51, Sch. 2 para. 9, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2