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Contents
A: Daily Business
B: Business Programme
C: Committee Agendas
D: Oral questions
E: Written questions
F: Motions and Amendments
G: Bills
H: New Documents
K: Progress of Parliamentary business

 

Business Bulletin No. 49/2003

Thursday 13 March 2003

Section G: Bills: Notices and Amendments

  

New Bills introduced or reprinted on 12 March 2003

Agricultural Holdings (Scotland) Bill—The Bill was reprinted as passed (SP Bill 62B) (Executive Bill).

New amendments to Bills lodged on 12 March 2003

Commissioner for Children and Young People (Scotland) Bill – Stage 3

Section 6

Fiona McLeod

1 In section 6, page 2, line 38, after <Commissioner> insert <(including any reviews by the Commissioner of that work)>

 

Mental Health (Care and Treatment) (Scotland) Bill - Stage 3

After section 19

Shona Robison

69 After section 19, insert-

<Provision of appropriate services

(1) Subject to subsection (2) below, a Health Board shall ensure the provision of appropriate services to a person who is or has been subject to-

(a) an emergency detention certificate;

(b) a short-term detention certificate;

(c) a compulsory treatment order; or

(d) a compulsion order,

including, without prejudice to that generality, the provision of continuing care when the person is no longer subject to the certificate or order.

(2) Where a person subject to a certificate or order mentioned in subsection (1) above is detained in a state hospital, the duty to ensure the provision of appropriate services to that person under that subsection falls on the State Hospitals Board for Scotland.>

Before section 20

Shona Robison

70 Before section 20, insert-

<Appropriate services etc.

(1) A local authority shall ensure the provision of appropriate services to a person who is or has been subject to-

(a) an emergency detention certificate;

(b) a short-term detention certificate;

(c) a compulsory treatment order; or

(d) a compulsion order,

including, without prejudice to that generality, the provision of continuing care when the person is no longer subject to the certificate or order.

(2) The duty of a local authority under subsection (1) above is without prejudice to the duties imposed by sections 20 to 22 of this Act.>

Section 24

Shona Robison

71 In section 24, page 15, line 35, leave out <20> and insert <(Appropriate services etc.)>

Section 25

Shona Robison

72 In section 25, page 16, line 9, leave out <20> and insert <(Appropriate services etc.)>

Section 26

Shona Robison

73 In section 26, page 16, line 26, after <section> insert <(Appropriate services etc.),>

Section 53

Shona Robison

74 In section 53, page 38, line 22, after <met> insert <and, in a case where subsection (5A) below applies, that all of the conditions mentioned in subsection (5B) below are met,>

Shona Robison

75 In section 53, page 39, line 13, at end insert-

<(5A) This subsection applies where the Tribunal is proposing to make a compulsory treatment order that does not authorise the detention of the patient in hospital.

(5B) The conditions referred to in subsection (4)(a) above are-

(a) that the patient has previously refused or decided not to seek medical treatment for mental disorder during a period when the patient was not subject to compulsory measures under this Act;

(b) that such refusal of or decision not to seek medical treatment caused, or materially contributed to, a significant deterioration in the patient's condition; and

(c) that such deterioration caused a significant risk-

(i) to the health, safety or welfare of the patient; or

(ii) to the safety of any other person.>

After section 95

Malcolm Chisholm

76 After section 95, insert-

<Power of court to detain acquitted persons

After section 60B of the 1995 Act, there shall be inserted-

"60C Acquitted persons: detention for medical examination

(1) Subject to subsection (7) below, this section applies where a person charged with an offence is acquitted.

(2) If the court by or before which the person is acquitted is satisfied-

(a) on the written or oral evidence of two medical practitioners that the conditions mentioned in subsection (3) below are met in respect of the person; and

(b) that it is not practicable to secure the immediate examination of the person by a medical practitioner,

the court may, immediately after the person is acquitted, make an order authorising the measures mentioned in subsection (4) below for the purpose of enabling arrangements to be made for a medical practitioner to carry out a medical examination of the person.

(3) The conditions referred to in subsection (2)(a) above are-

(a) that the person has a mental disorder;

(b) that medical treatment which would be likely to-

(i) prevent the mental disorder worsening; or

(ii) alleviate any of the symptoms, or effects, of the disorder,

is available for the person; and

(c) that if the person were not provided with such medical treatment there would be a significant risk-

(i) to the health, safety or welfare of the person; or

(ii) to the safety of any other person.

(4) The measures referred to in subsection (2) above are-

(a) the removal of the person to a place of safety by-

(i) a constable; or

(ii) a person specified by the court; and

(b) the detention, subject to subsection (6) below, of the person in that place of safety for a period of 6 hours beginning with the time at which the order under subsection (2) above is made.

(5) If the person absconds-

(a) while being removed to a place of safety under subsection (4) above; or

(b) from the place of safety,

a constable or the person specified by the court under paragraph (a) of that subsection may, at any time during the period mentioned in paragraph (b) of that subsection, take the person into custody and remove the person to a place of safety.

(6) An order under this section ceases to authorise detention of a person if, following the medical examination of the person, a medical practitioner grants-

(a) an emergency detention certificate under section 31 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 00); or

(b) a short-term detention certificate under section 35 of that Act.

(7) This section does not apply-

(a) in a case where a declaration is made by virtue of section 54(6) of this Act that the person is acquitted on account of the person's insanity at the time of doing the act or making the omission constituting the offence with which the person was charged; or

(b) in a case where the court states under section 55(4) of this Act that the person is so acquitted on the ground of such insanity.

(8) In this section, "medical treatment" has the same meaning as in section 52C of this Act.

60D Notification of detention under section 60C

(1) This section applies where a person has been removed to a place of safety under section 60C of this Act.

(2) The court shall, before the expiry of the period of 14 days beginning with the day on which the order under section 60C(2) of this Act is made, ensure that the Mental Welfare Commission is given notice of the matters mentioned in subsection (3) below.

(3) Those matters are-

(a) the name and address of the person removed to the place of safety;

(b) the date on and time at which the person was so removed;

(c) the address of the place of safety;

(d) if the person is removed to a police station, the reason why the person was removed there; and

(e) any other matter that the Scottish Ministers may, by regulations made by statutory instrument, prescribe.

(4) The power conferred by subsection (3)(e) above may be exercised so as to make different provision for different cases or descriptions of case or for different purposes.

(5) A statutory instrument containing regulations under subsection (3)(e) above shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.".>

Section 175A

Malcolm Chisholm

77 Move section 175A to after section 181

Section 176

Malcolm Chisholm

78 Leave out section 176

Section 177

Malcolm Chisholm

79 In section 177, page 170, line 3, after <person> insert <who has attained that age>

Section 178

Malcolm Chisholm

80 In section 178, page 171, line 2, at beginning insert <Subject to subsections (1A) to (3) below,>

Malcolm Chisholm

81 In section 178, page 171, line 4, leave out <subject to subsections (1A) and (3) below> and insert <unless the person's primary carer has not attained the age of 16 years>

Malcolm Chisholm

82 In section 178, page 171, line 6, leave out subsection (1A) and insert-

<(1A) Where a person's primary carer has not attained the age of 16 years, but the person has a carer who has attained that age, that carer shall be the person's named person.

(1B) Where-

(a) a person does not have a primary carer; or

(b) a person's primary carer has not attained the age of 16 years,

but the person has two or more carers who have attained the age of 16 years, those carers may agree which of them is to be the named person of the person.

(1C) Where, by virtue of subsection (1A) or (1B) above, a carer is a person's named person, the references in subsections (3) and (4) below to a person's primary carer shall be construed as references to that carer.>

Section 179

Malcolm Chisholm

83 In section 179, page 171, line 21, leave out <is under 16 years of age> and insert <has not attained the age of 16 years>

Malcolm Chisholm

84 In section 179, page 171, line 22, after <person> insert <who has attained the age of 16 years>

Malcolm Chisholm

85 In section 179, page 171, line 26, leave out <the primary carer of the child> and insert <where the child's primary carer has attained the age of 16 years, that person>

Malcolm Chisholm

86 In section 179, page 171, line 27, after <persons> insert <who have attained the age of 16 years>

Malcolm Chisholm

87 In section 179, page 171, line 31, leave out from <person> to <child> in line 32 and insert <one of them>

Section 181

Malcolm Chisholm

88 In section 181, page 172, line 36, leave out <subsections (3) and (3A)> and insert <subsection (3)>

Malcolm Chisholm

89 In section 181, page 173, line 1, leave out second <to> and insert <and>

Malcolm Chisholm

90 In section 181, page 173, leave out lines 10 to 12

Malcolm Chisholm

91 In section 181, page 173, leave out lines 18 to 21

Malcolm Chisholm

92 In section 181, page 173, line 27, leave out <paragraphs (a), (g), (h), (n) and (p) of subsection (2)> and insert <subsection (2)(a)>

Malcolm Chisholm

93 In section 181, page 173, line 29, leave out subsection (3A)

Section 181A

Malcolm Chisholm

94 In section 181A, page 175, line 16, leave out <welfare>

Section 181B

Malcolm Chisholm

95 In section 181B, page 175, line 27, after <may> insert <, subject to subsection (4) below,>

Malcolm Chisholm

96 In section 181B, page 175, line 34, after <may> insert <, subject to subsection (4) below,>

Malcolm Chisholm

97 In section 181B, page 175, line 37, after <may> insert <, subject to subsection (4) below,>

Malcolm Chisholm

98 In section 181B, page 175, line 38, at end insert-

<(4) It shall not be competent for the Tribunal to make an order under this section appointing a person who has not attained the age of 16 years to be a patient's named person.>

Section 181C

Malcolm Chisholm

99 In section 181C, page 176, line 3, leave out <(and section 176 in its application to that section)>

Section 188

Mr Adam Ingram

100 In section 188, page 183, line 40, leave out subsections (7) and (8)

After section 188

Mr Adam Ingram

101 After section 188, insert-

<Authority to provide treatment that conflicts with advance statement

(1) If, in respect of a person who has made and not withdrawn an advance statement that complies with subsection (2) of section 187 of this Act-

(a) the Tribunal makes such a decision as is referred to in subsection (1) of section 188 of this Act authorising treatment that conflicts with the wishes specified in the statement; or

(b) the Tribunal makes an order under subsection (4) below,

the Tribunal shall record in writing the reason for authorising the treatment or, as the case may be, making the order; and shall send the persons referred to in subsection (2) below a copy of that record.

(2) Those persons are-

(a) the person who made the statement;

(b) the person's named person;

(c) the person's welfare attorney;

(d) the person's guardian;

(e) the Commission; and

(f) where the Tribunal has made an order under subsection (4) below, the person's responsible medical officer.

(3) Without prejudice to section 171 of this Act, where-

(a) it is proposed to give medical treatment authorised by virtue of this Act or the 1995 Act to a patient;

(b) the patient is a person who has made and not withdrawn an advance statement; and

(c) the proposed medical treatment would conflict with the wishes specified in the advance statement,

the patient's responsible medical officer shall apply to the Tribunal for an order authorising the treatment to be given.

(4) On an application under subsection (3) above, the Tribunal shall-

(a) if satisfied that the treatment should be given, make the order mentioned in subsection (3) above; or

(b) if not so satisfied, refuse the application.

(5) Before making a decision under subsection (4) above, the Tribunal shall allow the persons mentioned in subsection (6) below the opportunity-

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

(b) of leading, or producing, evidence.

(6) Those persons are-

(a) the person who made the statement;

(b) the person's named person;

(c) the person's welfare attorney;

(d) the person's guardian; and

(e) the person's responsible medical officer.>

Section 198

Malcolm Chisholm

102 In section 198, page 198, line 31, leave out <such a> and insert <the>

Section 228

Malcolm Chisholm

103 In section 228, page 220, line 9, at end insert-

<"named person" means the person who is, in relation to another person, that other person's named person by virtue of any of sections 177 to 181 and 181B of this Act;>

Schedule 2

Malcolm Chisholm

104 In schedule 2, page 228, line 17, after <training> insert <, skills>

Schedule 3

Malcolm Chisholm

105 In schedule 3, page 237, line 24, leave out from <substitute> to <58(1A)(a)"> in line 25 and insert <, 54(1)(c), 58(1)(a) and 59A(3)(a) and (b)" substitute "52L(2)(a), 53(2)(a), 54(1)(c), 57A(2)(a), 58(1A)(a), 59A(2)(a) and 60C(2)(a)">

 

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