Section 22 — Consultation of the community clinician

(1) The Mental Health Act 1983 is amended as follows.

(2) In section 17A(4) (grounds for making community treatment orders)—

(a) omit the “and” at the end of paragraph (a);

(b) for paragraph (b) substitute— (b) an approved mental health professional states in writing— (i) that they agree that the relevant criteria are met; and (ii) that it is appropriate to make the order; and (c) where the responsible clinician is not the community clinician, the community clinician states in writing that they agree that the relevant criteria are met.

(3) In section 17B (conditions of community treatment orders)—

(a) in subsection (2), for the words from “approved” to “above” substitute “relevant professionals”;

(b) after subsection (5) insert— (5A) Where the responsible clinician is not the community clinician, the responsible clinician must consult the community clinician before varying or suspending conditions specified in a community treatment order, unless consultation would involve unreasonable delay. ;

(c) after subsection (7) insert— (8) In this section “the relevant professionals” means— (a) the approved mental health professional making the statement required by section 17A(4)(b), and (b) where section 17A(4)(c) applies, the community clinician.

(4) In section 17E (power to recall a community patient to hospital), after subsection (2) insert— (2A) Where the responsible clinician is not the community clinician, the responsible clinician must consult the community clinician before recalling a community patient to hospital, unless consultation would involve unreasonable delay.

(5) In section 17F (powers in respect of recalled patients), after subsection (4) insert— (4A) Where the responsible clinician is not the community clinician, the responsible clinician must consult the community clinician before revoking a community treatment order, unless consultation would involve unreasonable delay.

(6) In section 20A (community treatment period)—

(a) in subsection (4)(b), for “under subsection (8) below is made,” substitute has been made— (i) under subsection (8), and (ii) where the responsible clinician is not the community clinician, under subsection (8A), ;

(b) in subsection (8), after “(4)” insert “(b)(i)”;

(c) after subsection (8) insert— (8A) The statement referred to in subsection (4)(b)(ii) is a statement in writing by the community clinician that it appears to the community clinician that the conditions set out in subsection (6) are satisfied. ;

(d) omit subsection (9).

(7) In section 34(1) (interpretation of Part 2), at the appropriate place insert— “the community clinician” means— (a) in relation to a patient who is liable to be detained in a hospital in pursuance of an application for admission for treatment, the approved clinician who would oversee the patient’s care if they were to become a community patient; (b) in relation to a community patient, the approved clinician overseeing the patient’s care as a community patient; .

(8) In section 80C (removal of patients subject to compulsion in the community from Scotland)—

(a) in subsection (6), for “an approved mental health professional agrees” substitute “the relevant professionals agree”;

(b) after subsection (6) insert— (7) In this section “the relevant professionals” means— (a) an approved mental health professional, and (b) where the responsible clinician is not the community clinician, the community clinician.

(9) In section 85ZA (responsibility for community patients transferred from Channel Islands or Isle of Man)—

(a) in subsection (5), for “an approved mental health professional agrees” substitute “the relevant professionals agree”;

(b) after subsection (5) insert— (6) In this section “the relevant professionals” means— (a) an approved mental health professional, and (b) where the responsible clinician is not the community clinician, the community clinician.

(10) In section 92 (interpretation of Part 6), after subsection (1A) insert— (1B) References in this Part to the community clinician are to be construed as references to the community clinician within the meaning of Part 2.