Part 1Amendments to Mental Health Act 1983

Chapter 2Professional roles

Approved clinicians and responsible clinicians

10Amendments to Part 3 of 1983 Act

1

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

2

In section 35 (remand to hospital for report)—

a

in subsections (4) and (5), for “registered medical practitioner” substitute “ approved clinician ”, and

b

in subsection (8), after “registered medical practitioner” insert “ or approved clinician ”.

3

In section 36 (remand to hospital for treatment)—

a

in subsection (3), for “registered medical practitioner who would be in charge of his treatment” substitute “ approved clinician who would have overall responsibility for his case ”,

b

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

c

in subsection (7), after “registered medical practitioner” insert “ or approved clinician ”.

4

In section 37 (hospital and guardianship orders), in subsection (4), for “registered medical practitioner who would be in charge of his treatment” substitute “ approved clinician who would have overall responsibility for his case ”.

5

In section 38 (interim hospital orders)—

a

in subsection (4), for “registered medical practitioner who would be in charge of his treatment” substitute “ approved clinician who would have overall responsibility for his case ”, and

b

in subsection (5), for “responsible medical officer”, in each place, substitute “ responsible clinician ”.

6

In section 41 (power of courts to restrict discharge from hospital), in subsections (3)(c) and (6), for “responsible medical officer” substitute “ responsible clinician ”.

7

In section 44(2) (person who is to give evidence in connection with committal to hospital), for “registered medical practitioner who would be in charge of the offender's treatment” substitute “ approved clinician who would have overall responsibility for the offender's case ”.

8

In section 45A(5) (person who is to give evidence in connection with hospital or limitation direction), for “registered medical practitioner who would be in charge of his treatment” substitute “ approved clinician who would have overall responsibility for his case ”.

9

In the following provisions, for “responsible medical officer” substitute “ responsible clinician ”

a

section 45B(3) (requirement to produce report on person subject to hospital and limitation directions), and

b

section 49(3) (requirement to produce report on person subject to restriction direction).