Mental Health Bill [HL]

moved Amendment No. 2: 2: After Clause 24 , insert the following new Clause— ““Named persons (1) Section 26 of the 1983 Act (definitions of relative and nearest relative) is amended as follows. (2) In the cross-heading preceding section 26 after ““functions of relatives”” insert ““, persons acting as relatives””. (3) Before subsection (1) of that section insert— ““(A1) In this Part ““named person”” means— (a) any person described in subsection (1) below; or (b) any person not described in subsection (1) below who is the patient’s carer, who has been nominated by the patient in accordance with subsection (1A) below. (B1) In this Part ““appropriate authority”” means— (a) in the case of a qualifying patient specified in subsection (C1) below the managers of the responsible hospital; or (b) in the case of any other person not specified in subsection (C1) the responsible social services authority. (C1) For the purposes of subsection (B1) above the following are qualifying patients— (a) a patient who is liable to be detained by virtue of an application for admission for assessment or an application for admission for treatment under Part II of this Act; (b) a community patient; (c) an accused person within the meaning of section 35 remanded under that section to hospital for a report on his mental condition; (d) an accused person within the meaning of section 36 remanded under that section to hospital for treatment; (e) a patient in respect of whom there is in force— (i) a hospital order, (ii) a transfer direction, or (iii) a hospital direction; (f) any patient in hospital, not being liable to be detained under this Act. (D1) In this Part of the Act ““carer”” has the same meaning as in section 1(1)(a) of the Carers and Disabled Children Act 2000.”” (4) After subsection (1) insert— ““(1A) A person is a named person in accordance with this subsection if— (a) the nomination is signed by the nominator; (b) the nominator’s signature is witnessed by a prescribed person; (c) the prescribed person certifies that, in the opinion of the prescribed person, the nominator— (i) understands that the effect of nominating a person to be the named person will give him the role of nearest relative; and (ii) has not been subjected to any undue influence in making the nomination; (d) the nomination has been forwarded to the appropriate authority and approved in accordance with subsection (1B) below. (1B) The responsible authority shall approve the nomination of a named person unless— (a) the named person is of a description specified in regulations made by the appropriate authority; or (b) the named person appears to be incapable of performing the functions of the nearest relative due to mental disorder. (1C) The powers conferred on any appropriate authority by subsection (1A) above may be exercised by three or more members of that authority or by three or more members of a committee or sub-committee of that authority which has been authorised by them in that behalf. (1D) A nomination under subsection (1A) above may be revoked by the nominator in accordance with subsection (1E) below. (1E) The nomination of a named person is revoked in accordance with this subsection if— (a) the revocation is signed by the nominator; (b) the nominator’s signature is witnessed by a prescribed person; (c) the prescribed person certifies that, in the opinion of the prescribed person, the nominator— (i) understands the effect of revoking the appointment of a person as named person; and (ii) has not been subjected to any undue influence in making the revocation. (1F) The nomination of a named person shall be effective notwithstanding the fact that he has become, after making the nomination, incapable of making a nomination. (1G) A person nominated under subsection (1) above may decline to be the nominator’s named person by giving notice to— (a) the nominator; and (b) the appropriate authority in which the nominator resides, to that effect.”” (5) For subsection (3) substitute— ““(3) In this Part of this Act, subject to the provisions of this section and to the following provisions of this Part of this Act, the ““nearest relative”” means, in descending order— (a) the named person; (b) the person first described in subsection (1) above who is for the time being surviving, relatives of the whole blood being preferred to relatives of the same description of the halfblood and the elder or eldest of two or more relatives described in any paragraph of that subsection being preferred to the other or others of those relatives, regardless of sex.”” (6) In section 26(4) after ““his nearest relative”” insert ““under subsection 3(b) above””. (7) In section 26(5) leave out ““(3)”” and insert ““(3)(b)””. The noble Baroness said: My Lords, I am aware that this is not the sort of amendment normally tabled at Third Reading. I am moving it following discussions with the noble Baroness after Report, in order to give her an opportunity to help noble Lords on all sides of the House to find a way of resolving the problem about named persons. Our discussions have been helpful and informative. I, too, wish to join with others around the House in paying tribute to the Minister and to the noble Baroness. Indeed, I have been greatly encouraged by the Government’s desire to find a way through on this issue as there is a point of principle at stake as well as some practical problems. The amendment seeks to provide a way whereby a patient can choose from a limited list who should act as his or her nearest relative, and, as a safeguard, the responsible authority will be able to approve that choice. I look forward to hearing what the noble Baroness can tell the House in response. I beg to move.