SCHEDULE 8Mental health: England and Wales
PART 2Modifications of the Mental Health Act 1983 and related provision
Applications for compulsory admission to hospital for assessment or treatment
3
(1)
An application by an approved mental health professional under section 2 or 3 made during a period for which this paragraph has effect may be founded on a recommendation by a single registered medical practitioner (a “single recommendation”), if the professional considers that compliance with the requirement under that section for the recommendations of two practitioners is impractical or would involve undesirable delay.
(2)
A single recommendation must otherwise comply with the requirements of section 2(3) or 3(3).
(3)
An application founded on a single recommendation must include a statement of the opinion referred to in sub-paragraph (1).
(4)
An emergency application under section 4 may not be founded on a single recommendation (but this does not limit section 4(3)).
(5)
Section 11(7) (applications may be founded on separate or joint recommendations) does not apply to an application founded on a single recommendation.
(6)
Section 12(1) has effect as if it required a single recommendation to be signed on or before the date of the application, and to be given by a practitioner who has personally examined the patient.
(7)
Section 12(2) has effect as if it required a single recommendation to be given by a practitioner approved for the purposes of that section by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder (or by a person treated as so approved by virtue of section 12(2A)).
(8)
Section 12(1) and (2) do not otherwise apply to a single recommendation (and accordingly there is no requirement for the practitioner giving the recommendation to have previous acquaintance with the patient).
(9)
A single recommendation is subject to section 15(2) (except paragraph (b)) in the same way as one of two recommendations (and section 15(3) does not apply to it).
Applications for compulsory admission of patients already in hospital
4
(1)
Any registered medical practitioner or approved clinician may furnish a report for the purposes of section 5(2) (detention of patient in hospital pending application for admission) if it appears to the practitioner or clinician that complying with the requirement under that provision for the report to be furnished by the practitioner or clinician in charge of the treatment of the patient is impractical or would involve undesirable delay.
(2)
Section 5(2) (period for which patient can be detained following report by practitioner or clinician) has effect in relation to a patient detained after the beginning of any period for which this sub-paragraph has effect as if for “72 hours” there were substituted “120 hours”.
(3)
Section 5(4) (period for which patient can be detained pending report by practitioner or clinician) has effect in relation to a patient detained after the beginning of any period for which this sub-paragraph has effect as if for “six hours” there were substituted “12 hours”.
Period of remand to hospital
5
Sections 35(7) (period of remand to hospital for report on mental condition) and 36(6) (period of remand to hospital for treatment) have effect as if the words “or for more than 12 weeks in all” were omitted.
Court orders for the detention of accused or convicted persons in hospital
6
(1)
Any power of a court under a provision listed in sub-paragraph (2) may be exercised if the court—
(a)
is satisfied that complying with the requirement applying to that provision for the evidence of two registered medical practitioners is impractical or would involve undesirable delay, and
(b)
is satisfied on the evidence of a single registered medical practitioner of the matters of which it would (but for this paragraph) have to be satisfied on the evidence of two practitioners,
and any other conditions for the exercise of the power are met.
(2)
Those provisions are—
(a)
section 36(1) (power to remand accused person to hospital for treatment);
(b)
section 37(1) (power to order detention in hospital, or guardianship, of convicted person);
(c)
section 38(1) (power to order interim detention of convicted person in hospital pending final hospital order or other disposal);
(d)
section 45A(3) (power to direct that a person sentenced to imprisonment be detained in hospital instead of prison);
(e)
section 51(5) (power to order detention of a person in hospital in the absence of the person).
(3)
The power in section 45A(3) may only be exercised by virtue of sub-paragraph (1) if the practitioner has given evidence orally before the court (and section 45A(4) accordingly does not apply).
Directions for the transfer of prisoners to hospital
7
A transfer direction may be given under section 47(1) or 48(1) (removal of prisoners to hospital) if the Secretary of State—
(a)
is satisfied that complying with the requirement under that provision for reports from at least two registered medical practitioners is impractical or would involve undesirable delay, and
(b)
is satisfied of the matters mentioned in paragraphs (a) to (c) of that provision by a report from one registered medical practitioner,
and any other conditions for the exercise of the power are met.
Conveyance of accused or convicted persons to hospital
8
(1)
The provisions listed in sub-paragraph (2) have effect as if references to conveying or admitting a person to hospital within a specified period were references to doing so within that period or as soon as practicable after the end of that period.
(2)
Those provisions are—
(a)
section 35(9) (including as applied by section 36(8)) (remand in hospital);
(b)
section 40(1) and (3) (effect of hospital orders and interim hospital orders);
(c)
section 45B(1) (effect of hospital directions and limitation directions).
(3)
Section 47(2) (period within which person subject to transfer direction must be received into hospital) has effect as if for “14 days” there were substituted “28 days”.
(4)
This paragraph applies, during a period for which it has effect, only in relation to a person in respect of whom an order or direction is made after the beginning of that period.
Administration of medicine to persons liable to detention in hospital
9
(1)
The approved clinician in charge of treatment within section 58(1)(b) (administration of medicine for more than three months) may give a certificate under section 58(3)(b) (appropriateness of treatment without consent) if the clinician considers that complying with the requirement under that provision for the certificate to be given by a registered medical practitioner other than that clinician or the responsible clinician is impractical or would involve undesirable delay.
(2)
A registered medical practitioner (or an approved clinician acting in accordance with sub-paragraph (1)) may give a certificate under section 58(3)(b) having consulted only one other person, if the practitioner (or clinician) considers that complying with the requirement under section 58(4) for consultation with two other persons is impractical or would involve undesirable delay.
(3)
The person consulted in accordance with sub-paragraph (2)—
(a)
must have been professionally concerned with the patient’s medical treatment, and
(b)
must not be a nurse, a registered medical practitioner, the responsible clinician or the approved clinician in charge of the treatment in question.
Detention in place of safety
10
Sections 135(3ZA) and 136(2A) (period of detention in a place of safety) and 136B (extension of detention) have effect in relation to a person detained after the beginning of any period for which this paragraph has effect as if for “24 hours” (in each place where it occurs) there were substituted “36 hours”.
Constitution and proceedings of the Mental Health Review Tribunal for Wales
11
(1)
Sub-paragraph (2) applies if the President of the Mental Health Review Tribunal for Wales (“the Tribunal”), or another member of the Tribunal appointed by the President for the purpose referred to in paragraph 4 of Schedule 2 to the 1983 Act, considers that it is impractical or would involve undesirable delay for the Tribunal to be constituted, for the purposes of any proceedings or class or group of proceedings under the 1983 Act, by at least three members as provided for in that paragraph.
(2)
The President, or that other member, may instead appoint to constitute the Tribunal, for the purposes of those proceedings or that class or group of proceedings—
(a)
one of the legal members of the Tribunal, or
(b)
one of the legal members of the Tribunal and one other member who is not a legal member.
(3)
(4)
(5)
Where the Tribunal is constituted by a single member under sub-paragraph (2)(a), in rule 11(2) of the Mental Health Review Tribunal for Wales Rules 2008 (S.I. 2008/2705) (“the 2008 Rules”), the reference to the chairman is to be read as a reference to that member.
(6)
Where the Tribunal is constituted under sub-paragraph (2) without a medical member, rule 20(1) and (2) of the 2008 Rules does not apply.
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(1)
The Mental Health Review Tribunal for Wales Rules 2008 (“the 2008 Rules”) have effect subject to this paragraph.
(2)
The Tribunal may determine an application or reference without a hearing if it considers that—
(a)
holding a hearing is impractical or would involve undesirable delay,
(b)
having regard to the nature of the issues raised in the case, sufficient evidence is available to enable it to come to a decision without a hearing, and
(c)
to dispense with a hearing would not be detrimental to the health of the patient.
(3)
The Tribunal must, as soon as reasonably practicable, give notice to each party of—
(a)
its decision to dispense with a hearing under sub-paragraph (2), and
(b)
the earliest time at which it might determine the application or reference in accordance with that sub-paragraph (which must be such as to afford the parties reasonable notice).
(4)
Where an application or reference is to be determined in accordance with sub-paragraph (2)—
(a)
in rules 4, 15 and 20 of the 2008 Rules, references to a hearing (or its commencement) are to be read as references to the time notified under sub-paragraph (3)(b);
(b)
in rule 24(1) and (2) of the 2008 Rules, references to the start of the hearing are to be read as references to the determination of the application or reference;
(c)
in rule 28 of the 2008 Rules—
(i)
paragraph (1) does not apply, and
(ii)
in paragraph (3), references to the hearing are to be read as references to the determination of the application or reference.
(5)
The Tribunal may at any time reverse a decision to dispense with a hearing under sub-paragraph (2), and if it does so it must give notice to each party and make such consequential directions as it considers appropriate.
(6)
Expressions used in this paragraph and in the 2008 Rules have the same meaning as in those Rules.
13
(1)
If the President of the Tribunal is temporarily unable to discharge the functions of the office, the President of the Welsh Tribunals may from time to time nominate another legal member of the Tribunal to act as the temporary deputy of the President of the Tribunal for the purpose of discharging those functions generally or certain of them specifically.
(2)
While such a nomination remains in force, any reference to the President of the Tribunal in the 1983 Act or any other enactment or instrument is to be read accordingly.