Mental Health Act 2007

12 Amendments to Part 4 of 1983 Act

(1) Part 4 of the 1983 Act (consent to treatment) is amended as follows.

(2) In section 57 (requirements as to certification for treatment requiring consent and a second opinion)—

(a) in subsection (2)(a), for “responsible medical officer” substitute “responsible clinician (if there is one) or the person in charge of the treatment in question”, and

(b) in subsection (3), for the words from “, and of those persons” to the end substitute “but, of those persons—

(a) one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and

(b) neither shall be the responsible clinician (if there is one) or the person in charge of the treatment in question.”

(3) In section 58 (requirements as to certification for treatment requiring consent or a second opinion)—

(a) in subsection (3)—

(i) in paragraph (a), for “responsible medical officer” substitute “approved clinician in charge of it”, and

(ii) in paragraph (b), for “responsible medical officer” substitute “responsible clinician or the approved clinician in charge of the treatment in question”, and

(b) in subsection (4), for the words from “, and of those persons” to the end substitute “but, of those persons—

(a) one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and

(b) neither shall be the responsible clinician or the approved clinician in charge of the treatment in question.”

(4) In section 61 (review of treatment)—

(a) in subsection (1)—

(i) for “by the responsible medical officer” substitute “by the approved clinician in charge of the treatment”, and

(ii) in paragraph (a), for “responsible medical officer” substitute “responsible clinician”,

(b) in subsection (2)(b), for “responsible medical officer” substitute “responsible clinician”,

(c) in subsection (3), omit the words “to the responsible medical officer”, and

(d) after that subsection insert—

“(3A) The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment.”

(5) In section 62(2) (exception to discontinuance of treatment), for “responsible medical officer” substitute “approved clinician in charge of the treatment”.

(6) In section 63 (treatment not requiring consent), for “responsible medical officer” substitute “approved clinician in charge of the treatment”.

(7) In section 64 (supplementary provisions for Part 4)—

(a) in subsection (1), for the words from ““the responsible” to “treatment” substitute ““the responsible clinician” means the approved clinician with overall responsibility for the case”, and

(b) after that subsection insert—

“(1A) References in this Part of this Act to the approved clinician in charge of a patient’s treatment shall, where the treatment in question is a form of treatment to which section 57 above applies, be construed as references to the person in charge of the treatment.”