New clause 9 - Duty of hospital managers to request assessment of existing patient
Mental Capacity Bill
2:30 pm
'(1) Where—
(a) treatment for mental disorder is being provided to P at a hospital otherwise than in accordance with Part II of the Mental Health Act 1983, and
(b) it appears to the responsible clinician that the conditions specified in section E (2) to (7) appear to be met in P's case,
the managers of the hospital must request the Secretary of State to determine under section C(1) whether those conditions appear to be met.
(2) Where P is liable to assessment for admission or treatment under Part II of the Mental Health Act 1983 and it appears to the responsible clinician that the conditions specified in section E(2) to (7) appear to be met in P's case, the managers of the hospital to which P has been admitted must request the Secretary of State to determine under section C(1) whether those conditions appear to be met.'.