BB Home

Contents
Announcements
A: Daily Business
B: Business Programme
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
J: SPB: Note of Decisions
K: Progress of Parliamentary business

 

Business Bulletin No. 8/2003

Wednesday 15 January 2003

Section G: Bills: Notices and Amendments

  

New Bills introduced or reprinted on 14 January 2003

Title Conditions (Scotland) Bill-The Bill was reprinted as amended at Stage 2 (SP Bill 54A) (Executive Bill).

New amendments to Bills lodged on 14 January 2003

Criminal Justice (Scotland) Bill - Stage 3

Section 70

Mr Jim Wallace

Supported by: Allan Wilson

3 In section 70, page 71, line 18, leave out <This Act, except this section and section 69,> and insert <With the exception of-

(a) this section;

(b) section 61A and schedule 2A;

(c) in so far as relating to the Wildlife and Countryside Act 1981 (c.69), section 67 and schedule 4; and

(d) section 69,

this Act>

Mental Health (Scotland) Bill - Stage 2

Section 45

Mrs Mary Mulligan

289 In section 45, page 25, line 33, at end insert-

<( ) stating, in relation to each of the conditions mentioned in paragraphs (b) to (e) of subsection (3) above, the medical practitioner's reasons for believing the condition to be met in respect of the patient;>

Mrs Mary Mulligan

290 In section 45, page 26, leave out lines 8 to 11

Mrs Mary Mulligan

291 In section 45, page 26, line 17, leave out from <states> to <report> in line 18 and insert <(being a report by an approved medical practitioner) states the views of that medical practitioner>

Mrs Mary Mulligan

292 In section 45, page 26, line 19, at beginning insert <subject to subsection (5A) below,>

Mrs Mary Mulligan

293 In section 45, page 26, line 22, at end insert-

<(5A) A medical practitioner may state the view that notice should not be given under section 48(1)(a) of this Act only if, in the opinion of that medical practitioner, the giving of notice would be likely to cause significant harm to the patient or any other person.>

Section 46

Mrs Mary Mulligan

294 In section 46, page 27, line 3, leave out subsection (5) and insert-

<(5) Except in circumstances specified in regulations, there must not be a conflict of interest in relation to the medical examination; and regulations shall specify the circumstances in which there is to be taken to be such a conflict of interest.>

Section 48

Mrs Mary Mulligan

295 In section 48, page 27, line 32, leave out from <takes> to <below> in line 33 and insert <considers it appropriate to do so>

Mrs Mary Mulligan

296 In section 48, page 27, line 34, leave out subsection (3)

Section 49

Mrs Mary Mulligan

297 In section 49, page 28, line 4, leave out subsection (1) and insert-

<(1) Where-

(a) a patient is a person for whom a local authority are under a duty or have a power to provide, or secure the provision of, community care services;

(b) it appears to the mental health officer that, for the purposes of this Act or the 1995 Act, the patient should be assessed under subsection (1)(a) of section 12A of the Social Work (Scotland) Act 1968 (c.49); and

(c) the mental health officer notifies the local authority that the patient may be in need of community care services,

the patient shall for the purposes of that section be deemed to appear to the local authority to be a person who may be in need of any such services.>

Mrs Mary Mulligan

298 In section 49, page 28, line 14, leave out from <is> to end of in line 16 and insert-

<(i) has responsibility under that Act or the Criminal Procedure (Scotland) Act 1995 (c.46) for a child's case; and

(ii) makes the request for the purposes of either of those Acts,".>

Mrs Mary Mulligan

299 Move section 49 to after section 160

Section 50

Mrs Mary Mulligan

300 In section 50, page 28, line 22, at beginning insert <subject to subsection (2A) below,>

Mrs Mary Mulligan

301 In section 50, page 28, line 24, after <made;> insert-

<( ) inform the patient of-

(i) the patient's rights in relation to the application; and

(ii) the availability of independent advocacy services under section 182 of this Act;

( ) take appropriate steps to ensure that the patient has the opportunity of making use of those services;>

Mrs Mary Mulligan

302 In section 50, page 28, line 25, at end insert-

<(2A) If it is impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the mental health officer need not do so.>

Mrs Mary Mulligan

303 In section 50, page 28, line 31, leave out from <to> to end of line 33 and insert <in pursuance of the requirements imposed by subsection (2) above;

( ) if it was impracticable for the mental health officer to comply with the requirement in subsection (2)(a) above, the reason for that being the case;>

Section 51

Mrs Mary Mulligan

304 In section 51, page 29, line 9, after second <a> insert <proposed>

Mrs Mary Mulligan

305 In section 51, page 29, line 11, leave out from beginning to <with> in line 12 and insert <Before preparing the proposed care plan, the mental health officer shall consult-

(a)>

Mrs Mary Mulligan

306 In section 51, page 29, line 13, leave out from <and> to end of line 18 and insert-

<(b) subject to subsection (6) below, the persons mentioned in subsection (3A) below; and

(c) such other persons as the mental health officer considers appropriate.

(3A) The persons referred to in subsection (3)(b) above are persons who appear to the mental health officer to provide-

(a) medical treatment of the kind that it is proposed to specify, by virtue of paragraph (c) of subsection (4) below, in the proposed care plan;

(b) community care services, or relevant services, of the kind that it is proposed to specify, by virtue of paragraph (d) of that subsection, in that plan; or

(c) other treatment, care or services of the kind that it is proposed to specify, by virtue of paragraph (da) of that subsection, in that plan.>

Mrs Mary Mulligan

307 In section 51, page 29, line 19, after <The> insert <proposed>

Mrs Mary Mulligan

308 In section 51, page 29, line 19, at end insert-

<( ) (by reference to the appropriate paragraph (or paragraphs) of the definition of "mental disorder" in section 227 of this Act), the type (or types) of mental disorder which the patient has;>

Mrs Mary Mulligan

309 In section 51, page 29, line 20, after <patient> insert <for medical treatment>

Mrs Mary Mulligan

310 In section 51, page 29, line 30, leave out <are to> and insert <would>

Mrs Mary Mulligan

311 In section 51, page 29, line 30, leave out <is to> and insert <would>

Mrs Mary Mulligan

312 In section 51, page 29, line 32, leave out <the> and insert <any>

Mrs Mary Mulligan

313 In section 51, page 29, line 32, leave out <, relevant services and any other services> and insert <or relevant services>

Mrs Mary Mulligan

314 In section 51, page 29, line 34, leave out <are to> and insert <would>

Mrs Mary Mulligan

315 In section 51, page 29, line 35, leave out <are to> and insert <would>

Mrs Mary Mulligan

316 In section 51, page 29, line 36, at end insert-

<(da) in so far as relevant for the purposes of the application-

(i) any treatment or care (other than treatment or care specified, by virtue of paragraph (c) above, in the proposed care plan); or

(ii) any service (other than a service specified, by virtue of paragraph (d) above, in the proposed care plan),

which it is proposed to provide to the patient (including the names of the persons who would provide such treatment, care or service and the addresses at which such treatment, care or service would be provided);>

Mrs Mary Mulligan

317 In section 51, page 29, line 36, at end insert-

<( ) which of the measures mentioned in section 54(1) of this Act it is proposed that the compulsory treatment order should authorise;>

Mrs Mary Mulligan

318 In section 51, page 29, line 39, leave out <other measures, details of those other measures> and insert <any of the measures mentioned in section 54(1)(c) of this Act, details of the measure (or measures)>

Mrs Mary Mulligan

319 In section 51, page 30, line 1, leave out from <record> to end of line 4 and insert <specify-

(i) any medical treatment specified, by virtue of paragraph (c) above, in the proposed care plan;

(ii) any community care services, or relevant services, specified, by virtue of paragraph (d) above, in the proposed care plan; or

(iii) any treatment, care or service specified, by virtue of paragraph (da) above, in the proposed care plan,

that medical treatment, those services or that treatment, care, or service, as the case may be;>

Mrs Mary Mulligan

320 In section 51, page 30, line 9, leave out <and> and insert <which it is proposed, by virtue of paragraph (c) above, to give to the patient;

( ) any community care services or relevant>

Mrs Mary Mulligan

321 In section 51, page 30, line 10, at end insert-

<( ) any treatment, care or service which, by virtue of paragraph (da) above, it is proposed to provide to the patient; and

( ) the measures (other than detention of the patient in hospital) that it is proposed that the compulsory treatment order should authorise>

Mrs Mary Mulligan

322 In section 51, page 30, line 11, after <The> insert <proposed>

Mrs Mary Mulligan

323 In section 51, page 30, leave out lines 20 to 23

Section 52

Mrs Mary Mulligan

324 In section 52, page 30, line 32, leave out <services specified in the> and insert <medical treatment, community care services, relevant services or other treatment, care or service specified in the proposed>

Mrs Mary Mulligan

325 In section 52, page 30, line 33, leave out from <details> to <order>

Mrs Mary Mulligan

326 In section 52, page 31, line 3, after <the> insert <proposed>

Section 53

Mrs Mary Mulligan

327 In section 53, page 31, line 13, at end insert-

<( ) any guardian of the patient;

( ) any welfare attorney of the patient;>

Mrs Mary Mulligan

328 In section 53, page 31, line 18, after <appointed> insert <in respect of the patient>

Mrs Mary Mulligan

329 In section 53, page 31, line 23, after <authorising> insert <for the period of 6 months beginning with the day on which the order is made>

Mrs Mary Mulligan

330 In section 53, page 31, line 25, leave out from beginning to <services> in line 28 and insert-

<( ) specifying such medical treatment, community care services, relevant services, other treatment, care or service as the Tribunal considers appropriate (any such medical treatment, community care services, relevant services, other treatment, care or service so specified being referred to in this Act as a "recorded matter");

( ) recording (by reference to the appropriate paragraph (or paragraphs) of the definition of "mental disorder" in section 227 of this Act) the type (or types) of mental disorder that the patient has;>

Mrs Mary Mulligan

331 In section 53, page 32, line 14, leave out from third <the> to end of line 24 and insert-

<(a) subject to subsection (7A) below, the Tribunal gives notice to the persons mentioned in subsection (3) above-

(i) stating what it is proposing to do; and

(ii) setting out what those measures are;

(b) the Tribunal affords those persons the opportunity-

(i) of making representations (whether orally or in writing) in relation to the proposal; and

(ii) of leading, or producing, evidence.

(7A) Where the duty under subsection (7)(a) above arises during a hearing of the application, notice need not be given under that subsection to any person mentioned in subsection (3) above who is present at the hearing.>

After section 53

Mrs Mary Mulligan

332 After section 53, insert-

<Powers of Tribunal on application under section 52: interim compulsory treatment order

(1) This section applies where an application is made under section 52 of this Act.

(2) Subject to subsections (3) to (5) below, on the application of any person having an interest in the proceedings, or ex proprio motu, the Tribunal may, if satisfied as to the matters mentioned in subsection (6) below, make an order (an "interim compulsory treatment order")-

(a) authorising for such period not exceeding 28 days as may be specified in the order such of the measures mentioned in section 54(1) of this Act as may be so specified; and

(b) if the order does not authorise the detention of the patient in hospital, specifying the name of the hospital the managers of which are to have responsibility for appointing the patient's responsible medical officer.

(3) The Tribunal may not make an interim compulsory treatment order if its effect, when taken with any other interim compulsory treatment order made in respect of the patient, would be to authorise measures in respect of the patient for a continuous period of more than 56 days.

(4) Before making an interim compulsory treatment order, the Tribunal shall comply with section 53(2) of this Act.

(5) If the patient has a responsible medical officer, the Tribunal shall, before making an interim compulsory treatment order, afford the patient's responsible medical officer the opportunity, as respects the application under section 52 of this Act-

(a) of making representations (whether orally or in writing); and

(b) of leading, or producing, evidence.

(6) The matters referred to in subsection (2) above are-

(a) that the conditions mentioned in paragraphs (a) to (d) of section 53(5) of this Act are met in respect of the patient; and

(b) that it is necessary to make an interim compulsory treatment order.>

Section 54

Mrs Mary Mulligan

333 In section 54, page 32, line 26, leave out <section 53(4)(a)> and insert <sections 53(4)(a)(i) and (Powers of Tribunal on application under section 52: interim compulsory treatment order)(2)(a)>

Mrs Mary Mulligan

334 In section 54, page 32, line 28, leave out <for the authorised period>

Mrs Mary Mulligan

335 In section 54, page 32, line 29, leave out <during the authorised period,>

Mrs Mary Mulligan

336 In section 54, page 32, line 30, leave out <and>

Mrs Mary Mulligan

337 In section 54, page 32, line 31, leave out from <during> to end of line 38 and insert <of a requirement on the patient to attend-

(i) on specified or directed dates; or

(ii) at specified or directed intervals,

specified or directed places with a view to receiving medical treatment;

(d) the imposition of a requirement on the patient to attend-

(i) on specified or directed dates; or

(ii) at specified or directed intervals,

specified or directed places with a view to receiving community care services, relevant services or any treatment, care or service;

(e) the imposition of a requirement on the patient to reside at a specified place;

(f) the imposition of a requirement on the patient to allow-

(i) the mental health officer;

(ii) the patient's responsible medical officer; or

(iii) any person responsible for providing medical treatment, community care services, relevant services or any treatment, care or service to the patient who is authorised for the purposes of this paragraph by the patient's responsible medical officer,

to visit the patient in the place where the patient resides;>

Mrs Mary Mulligan

338 In section 54, page 32, line 39, at beginning insert <the imposition of a requirement on the patient>

Mrs Mary Mulligan

339 In section 54, page 33, line 1, at beginning insert <the imposition of a requirement on the patient>

Mrs Mary Mulligan

340 In section 54, page 33, line 6, leave out from beginning to <(c.36);> in line 11 and insert-

<"directed" means in accordance with directions given by the patient's responsible medical officer;>

Mrs Mary Mulligan

341 In section 54, page 33, line 12, at end insert <or, as the case may be, the interim compulsory treatment order>

Section 55

Mrs Mary Mulligan

342 In section 55, page 33, line 15, after <order> insert <or

(b) imposes a requirement on a patient to reside at a place specified in the order>

Section 56

Mrs Mary Mulligan

343 In section 56, page 33, line 27, after <certificate;> insert <or

(ii) an extension certificate;>

Mrs Mary Mulligan

344 In section 56, page 33, line 30, leave out from <patient> to end of line 31 and insert <measures mentioned in subsection (2) below are authorised.

(2) Those measures are-

(a) the detention in hospital of the patient for the period of 5 days beginning with the expiry of the period for which the certificate authorises the detention of the patient in hospital; and

(b) the giving to the patient, in accordance with Part 13 of this Act, of medical treatment.

(3) In reckoning the period of days mentioned in subsection (2)(a) above, there shall be left out of account any day which is not a working day.

(4) In this section "working day" has the meaning given by section 41(5A) of this Act.>

Section 58

Mrs Mary Mulligan

345 In section 58, page 34, line 4, after <shall> insert-

<(a) prepare a plan (any such plan being referred to in this Act as a "care plan") relating to the patient; and

(b)>

Mrs Mary Mulligan

346 In section 58, page 34, line 5, at end insert-

<(2) The care plan shall set out-

(a) the medical treatment that is to be given to the patient while the patient is subject to the compulsory treatment order; and

(b) such other information relating to the care of the patient as may be prescribed by regulations.

(3) Subject to subsection (4)(b) below, a patient's responsible medical officer may from time to time amend the patient's care plan.

(4) Regulations may prescribe-

(a) circumstances in which a patient's responsible medical officer is required to amend the patient's care plan;

(b) information in a care plan which may not be amended.

(5) Where a patient's responsible medical officer amends the patient's care plan-

(a) the responsible medical officer shall secure that as soon as practicable after it is amended the amended care plan is included in the patient's medical records; and

(b) subsections (2) to (4) above and this subsection shall apply as if references to the care plan were references to the amended care plan.>

Section 84

Mrs Mary Mulligan

347 In section 84, page 48, line 2, leave out <requirement to attend for treatment> and insert <attendance requirement>

Mrs Mary Mulligan

348 In section 84, page 48, line 3, leave out <requirement to attend for treatment> and insert <attendance requirement>

Mrs Mary Mulligan

349 In section 84, page 48, line 13, leave out <requirement to attend for treatment> and insert <attendance requirement>

Mrs Mary Mulligan

350 In section 84, page 48, line 16, at beginning insert <Subject to subsection (5) below,>

Mrs Mary Mulligan

351 In section 84, page 48, line 18, at beginning insert <if the order to which the patient is subject authorises the measure mentioned in section 54(1)(b) of this Act, >

Mrs Mary Mulligan

352 In section 84, page 48, line 20, leave out from <and> to end of line 21 and insert-

<( ) if the order to which the patient is subject does not authorise that measure, the patient may be detained there for so long as is necessary to determine whether the patient is capable of consenting to medical treatment and, if so, whether the patient consents to receive any medical treatment.

(5) The patient may not be detained by virtue of subsection (4) above for more than a period of 6 hours beginning with the arrival of the patient in the place or hospital.>

Section 228

Mrs Mary Mulligan

353 In section 228, page 149, line 33, leave out from <has> to end of line and insert <, in relation to a patient, means a plan prepared under subsection (1)(a) of section 58 of this Act; and includes a reference to a care plan amended by virtue of subsection (3) or (4)(a) of that section;>

Mrs Mary Mulligan

354 In section 228, page 149, line 34, at end insert-

<"community care services" has the meaning given by section 5A(4) of the Social Work (Scotland) Act 1968 (c.49);>

Mrs Mary Mulligan

355 In section 228, page 151, line 24, at end insert-

<"recorded matter" has the meaning given by section 53(4)(a)(ii) of this Act;>

Mrs Mary Mulligan

356 In section 228, page 151, line 25, at end insert-

<"relevant services" has the meaning given by section 19(2) of the Children (Scotland) Act 1995 (c.36);>

 

Proposals for Members' Bills

Names marked with an asterisk (*) are new names of support. Proposals that have attracted 11 supporters have those supporters' names shown in bold. The member who lodged such a proposal has the right to introduce a Member's Bill to give effect to that proposal under rule 9.14.

Bill Butler: Proposed Direct Elections to National Health Service Boards (Scotland) Bill-Proposal for a Bill to require direct elections, for the public, to the majority of places on National Health Service Boards in Scotland (lodged 19 December 2002)

Supported by: Cathie Craigie, Margaret Jamieson, Scott Barrie, Jackie Baillie, Kate Maclean, Karen Whitefield, Mr Tom McCabe, Marilyn Livingstone, Paul Martin, Elaine Thomson, Helen Eadie, Johann Lamont, Pauline McNeill, Brian Fitzpatrick, Mr Michael McMahon, Karen Gillon, Janis Hughes, Dennis Canavan, Tommy Sheridan

 

Top