Section 37 — Transfers of prisoners and others to hospital: time limits

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

(2) After section 47 insert— Hospital treatment for prisoners: 28 day transfer period 47A (1) As soon as practicable after a relevant referring body makes an initial request for a medical report in relation to a person serving a sentence of imprisonment (“P”), the body must give a referral notice to the persons specified in subsection (3). (2) For the purposes of this section— (a) a request is an “initial request” for a medical report if it is the first request for a report by a registered medical practitioner on whether the conditions in section 47(1) are satisfied in relation to P at a particular time; (b) “referral notice” means a notice— (i) stating that an initial request has been made in relation to P, and (ii) specifying the date on which the initial request was made; (c) “relevant referring body” means— (i) in relation to a person serving a sentence of imprisonment in England, a person who is a “service provider” within the meaning given by section 12ZA(9) of the National Health Service Act 2006 or provides “NHS medical services” within the meaning given by section 14Z31(5) of that Act; (ii) in relation to a person serving a sentence of imprisonment in Wales, a Local Health Board. (3) The persons to whom the referral notice must be given (“the notified authorities”) are— (a) the Secretary of State; (b) the relevant detention authority (see section 48B); (c) as many of the following (other than the relevant referring body) as the relevant referring body considers likely to have functions in relation to P in the event that the Secretary of State gives a direction under section 47— (i) NHS England; (ii) integrated care boards; (iii) National Health Service trusts established under section 18 of the National Health Service (Wales) Act 2006; (iv) Local Health Boards; (v) service providers within the meaning given by section 12ZA(9) of the National Health Service Act 2006. (4) When exercising functions in relation to P, the relevant referring body and the notified authorities must seek to ensure that, absent exceptional circumstances, the following all happen within the period of 28 days beginning with the date of the initial request— (a) a decision is taken as to whether to make a direction under section 47 in respect of P, (b) if a decision is taken to make such a direction, the direction is made, and (c) where the direction is made, P is removed to and detained in a hospital in pursuance of the direction. (5) For the purposes of subsection (4) the following are not (together or separately) “exceptional circumstances”— (a) a shortage of hospital accommodation; (b) a shortage of hospital staff; unless occurring as a result of other exceptional circumstances.

(3) After section 48 insert— Hospital treatment for other prisoners: 28 day transfer period 48A (1) As soon as practicable after a relevant referring body makes an initial request for a medical report in relation to a person (“P”) to whom section 48 applies, the body must give a referral notice to the persons specified in subsection (3). (2) For the purposes of this section— (a) a request is an “initial request” for a medical report if it is the first request for a report by a registered medical practitioner on whether the conditions in section 48(1) are satisfied in relation to P at a particular time; (b) “referral notice” means a notice— (i) stating that an initial request has been made in relation to P, and (ii) specifying the date on which the initial request was made; (c) “relevant referring body” means— (i) in relation to a person to whom section 48 applies and who is detained or remanded at a place in England, a person who is a “service provider” within the meaning given by section 12ZA(9) of the National Health Service Act 2006 or provides “NHS medical services” within the meaning given by section 14Z31(5) of that Act; (ii) in relation to a person to whom section 48 applies and who is detained or remanded at a place in Wales, a Local Health Board. (3) The persons to whom the referral notice must be given (“the notified authorities”) are— (a) the Secretary of State; (b) the relevant detention authority (see section 48B); (c) as many of the following (other than the relevant referring body) as the relevant referring body considers likely to have functions in relation to P in the event that the Secretary of State gives a direction under section 48— (i) NHS England; (ii) integrated care boards; (iii) National Health Service trusts established under section 18 of the National Health Service (Wales) Act 2006; (iv) Local Health Boards; (v) service providers within the meaning given by section 12ZA(9) of the National Health Service Act 2006. (4) When exercising functions in relation to P, the relevant referring body and the notified authorities must seek to ensure that, absent exceptional circumstances, the following all happen within the period of 28 days beginning with the date of the initial request— (a) a decision is taken as to whether to make a direction under section 48 in respect of P, (b) if a decision is taken to make such a direction, the direction is made, and (c) where the direction is made, P is removed to and detained in a hospital in pursuance of the direction. (5) For the purposes of subsection (4) the following are not (together or separately) “exceptional circumstances”— (a) a shortage of hospital accommodation; (b) a shortage of hospital staff; unless occurring as a result of other exceptional circumstances.

(4) After section 48A (as inserted by subsection (3)) insert— Sections 47A and 48A: supplementary 48B (1) For the purposes of sections 47A and 48A, “the relevant detention authority”, in relation to a referral notice (within the meaning of the section in question), has the meaning given by the table. Where, on the day the referral notice is sent, P is detained or remanded in The relevant detention authority is a prison the governor or director of the prison a young offender institution the governor or director of the institution a secure training centre the governor or director of the centre a secure children’s home the registered manager of the home a removal centre the manager of the centre a short-term holding facility the manager of the facility pre-departure accommodation the manager of the accommodation (2) In this section— “pre-departure accommodation” has the meaning given by section 147 of the Immigration and Asylum Act 1999; “registered manager”, in relation to a secure children’s home, means a person who is registered under Part 2 of the Care Standards Act 2000 as the manager of the home; “removal centre” has the meaning given by section 147 of the Immigration and Asylum Act 1999; “secure children’s home” has the meaning given by section 102(11) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; “secure training centre” has the meaning given by section 43(1)(d) of the Prison Act 1952; “short-term holding facility” has the meaning given by section 147 of the Immigration and Asylum Act 1999; “young offender institution” has the meaning given by section 43(1)(aa) of the Prison Act 1952. (3) The Secretary of State may by regulations— (a) amend this section or section 47A or 48A so as to change the persons— (i) who are subject to the duty to give a referral notice under section 47A(1) or 48A(1), or (ii) to whom a referral notice must be given under subsection 47A(3) or 48A(3); (b) amend the period in 47A(4) or 48A(4).

(5) In section 143 (general provisions as to regulations, orders and rules)—

(a) for subsection (2) substitute— (2) The following are subject to annulment in pursuance of a resolution of either House of Parliament— (a) any Order in Council under this Act; (b) any order made by the Secretary of State under section 54A or 68A(7); (c) any statutory instrument containing regulations made by the Secretary of State under this Act, other than regulations made under section 48B(3); (d) any statutory instrument containing rules made under this Act. ;

(b) after subsection (3) insert— (3ZA) A statutory instrument containing regulations under section 48B(3) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.