Health (Miscellaneous Provisions) Act 2009

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Amendment of Mental Health Act 2001.

63.— (1) Section 2 of the Mental Health Act 2001 is amended in subsection (1) by the insertion of the following definition after the definition of “ approved centre ”:

“ ‘ authorised person ’—

(a) in relation to the removal pursuant to section 13 of a person to an approved centre, means a person who is for the time being authorised pursuant to section 71A(2) to provide services relating to such removal,

(b) in relation to the bringing back pursuant to section 27 of a patient to an approved centre, means a person who is for the time being authorised pursuant to section 71A(2) to provide services relating to such bringing back;”.

(2) Section 9 of the Mental Health Act 2001 is amended in subsection (2) by the insertion of the following paragraph after paragraph (c):

“(cc) an authorised person (but without prejudice to any capacity that the authorised person has to make such an application by virtue of paragraph (a), (b) or (c) of subsection (1)),”.

(3) Section 13 of the Mental Health Act 2001 is amended—

(a) in subsection (2), by the insertion of “or by authorised persons” after “staff of the approved centre”, and

(b) in subsection (3), by the substitution of “in such removal” for “the members of the staff of the approved centre in the removal by the staff”.

(4) Section 27 of the Mental Health Act 2001 is amended in subsection (1)—

(a) by the insertion of “or authorised persons” after “staff of the centre”,

(b) by the substitution of “patient” for “person concerned”,

(c) by the substitution of “to other persons” for “the other persons”, and

(d) by the substitution of “in such bringing back” for “the members of the staff of the approved centre in the removal by the staff”.

(5) The Mental Health Act 2001 is amended by the insertion of the following new section after section 71:

“Removal of persons and bringing back of patients to approved centres by authorised persons or by relevant persons.

71A.— (1) The registered proprietor of an approved centre may enter into an arrangement with a person for the purposes of arranging for persons who are members of the staff of that person to provide services relating to—

(a) the removal pursuant to section 13 of persons to that centre,

(b) the bringing back pursuant to section 27 of patients to that centre, or

(c) both such removal and bringing back.

(2) Where the registered proprietor of an approved centre has entered into an arrangement referred to in subsection (1) with a person, the clinical director of that centre may authorise, in writing and for a period not exceeding 12 months as is specified in the authorisation, such and so many persons who are members of the staff of that person to provide the services referred to in that subsection which are the subject of that arrangement.

(3) Where, before the date of commencement of this section, a person was removed to an approved centre pursuant to and in accordance with section 13 except in so far as the removal was carried out (whether in whole or in part) by a relevant person, such removal shall, to the extent that it was carried out by the relevant person, be deemed to be and to always have been carried out by a member of the staff of that centre, save for the purposes of any proceedings commenced before such date.

(4) Where, before the date of commencement of this section, a person was brought back to an approved centre pursuant to and in accordance with section 27 except in so far as the bringing back was carried out (whether in whole or in part) by a relevant person, such bringing back shall, to the extent that it was carried out by the relevant person, be deemed to be and to always have been carried out by a member of the staff of that centre, save for the purposes of any proceedings commenced before such date.

(5) In this section—

‘ relevant person ’—

(a) in relation to a removal referred to in subsection (3) of a person to an approved centre, means a person who carried out (whether in whole or in part) such removal pursuant to an arrangement entered into by the registered proprietor of that centre,

(b) in relation to a bringing back referred to in subsection (4) of a patient to an approved centre, means a person who carried out (whether in whole or in part) such bringing back pursuant to an arrangement entered into by the registered proprietor of that centre.”.