Part VIIIE+W+S Miscellaneous Functions of Local Authorities and the Secretary of State

Functions of the Secretary of StateE+W+S

118 Code of practice.E+W

(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 [F1, approved clinicians] , managers and staff of hospitals [F2, independent hospitals and care homes] and [F3approved mental health professionals] in relation to the admission of patients to hospitals [F4and registered establishments] under this Act [F5and to guardianship and [F6community 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.

[F7(1A)The Code which must be prepared, and from time to time revised, in relation to Wales shall also be for the guidance of independent mental health advocates appointed under arrangements made under section 130E below]

(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 [F8appointed for the purposes of this section by the regulatory authority].

[F9(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) [F10and subsection (1A)] 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.

[F11(7)The Care Quality Commission may at any time make proposals to the Secretary of State as to the content of the code of practice which the Secretary of State must prepare, and from time to time revise, under this section in relation to England.]

Textual Amendments

F1Words 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.)

F2Words 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))

F3Words 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.)

F4Words 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))

F5Words in s. 118(1)(a) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 16

F6Words 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)

F7S. 118(1A) inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 39(2), 55(3); S.I. 2011/3046, arts. 2(f), 3(f) (with art. 5)

F9S. 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.)

F10Words in s. 118(2D) inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 39(3), 55(3); S.I. 2011/3046, arts. 2(f), 3(f) (with art. 5)

Modifications etc. (not altering text)

C2S. 118(2): functions transferred (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52(1)(g), 170 (with s. 96); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 20