Mental Health Bill [HL]

Part of the debate – in the House of Lords at 3:08 pm on 19th February 2007.

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Photo of Earl Howe Earl Howe Shadow Minister, Health 3:08 pm, 19th February 2007

moved Amendment No. 1:

Before Clause 1, insert the following new Clause—

"Guiding principles: incorporation in the 1983 Act

(1) Part 1 of the 1983 Act (application of Act) is amended as follows.

(2) Before section 1 (application of Act: "mental disorder") insert—

"Guiding principles

A1 Application of Act: guiding principles

(1) In the discharging of a function by virtue of this Act, a person shall have regard to—

(a) the importance of the patient participating as fully as is possible in the discharge of the function; (b) the present and past wishes and feelings of the patient which are relevant to the discharge of the function; (c) the principles of non-discrimination contained in— (i) the Sex Discrimination Act 1975; (ii) the Race Relations Act 1976; (iii) the Disability Discrimination Act 1995; and (iv) the Equality Act 2006.

(2) After having regard to the matters mentioned in subsection (1) above, the person shall discharge the function in the manner that involves the minimum restriction on the patient that is necessary in the circumstances.""