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| '''General protection of detained patients''' | | '''General protection of detained patients''' |
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| 120.—(1) The Secretary of State shall keep under review the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or to patients liable to be detained under this Act [or to community patients]<ref name="MHA">[[Mental Health Act 2007]] s32 & sch 3, s14; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> and shall make arrangements for persons authorised by him in that behalf— | | [120.—(1) The regulatory authority must keep under review and, where appropriate, investigate the exercise of the powers and the discharge of the duties conferred or imposed by this Act so far as relating to the detention of patients or their reception into guardianship or to relevant patients. |
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| :(a) to visit and interview in private patients detained under this Act in hospitals and [registered establishments];<ref name="CSA">[[Care Standards Act 2000]]</ref> [and community patients in hospitals and establishments of any description and (if access is granted) other places]<ref name="MHA"/> and
| | (2) Relevant patients are— |
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| :(b) to investigate— | | :(a) patients liable to be detained under this Act, |
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| ::(i) any complaint made by a person in respect of a matter that occurred while he was detained under this Act in[, or recalled under section 17E above to,]<ref name="MHA"/> a hospital or [registered establishment]<ref name="CSA"/> and which he considers has not been satisfactorily dealt with by the managers of that hospital or [registered establishment];<ref name="CSA"/> and
| | :(b) community patients, and |
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| ::(ii) any other complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a person who is or has been so detained [or is or has been a community patient].<ref name="MHA"/>
| | :(c) patients subject to guardianship. |
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| (2) The arrangements made under this section in respect of the investigation of complaints may exclude matters from investigation in specified circumstances and shall not require any person exercising functions under the arrangements to undertake or continue with any investigation where he does not consider it appropriate to do so. | | (3) The regulatory authority must make arrangements for persons authorised by it to visit and interview relevant patients in private— |
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| (3) Where any such complaint as is mentioned in subsection (1)(b)(ii) above is made by a Member of Parliament and investigated under the arrangements made under this section the results of the investigation shall be reported to him. | | :(a) in the case of relevant patients detained under this Act, in the place where they are detained, and |
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| (4) For the purpose of any such review as is mentioned in subsection (1) above or of carrying out his functions under arrangements made under this section any person authorised in that behalf by the Secretary of State may at any reasonable time— | | :(b) in the case of other relevant patients, in hospitals and regulated establishments and, if access is granted, other places. |
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| :(a) visit and interview and, if he is a registered medical practitioner [or approved clinician],<ref name="MHA"/> examine in private any patient in a [hospital or establishment of any description];<ref name="MHA"/> and
| | (4) The regulatory authority must also make arrangements for persons authorised by it to investigate any complaint as to the exercise of the powers or the discharge of the duties conferred or imposed by this Act in respect of a patient who is or has been detained under this Act or who is or has been a relevant patient. |
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| :(b) require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained [under this Act or who is or has been a community patient].<ref name="MHA"/>
| | (5) The arrangements made under subsection (4)— |
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| (5) [...]<ref>[[Registered Homes Act 1984]]</ref> | | :(a) may exclude matters from investigation in specified circumstances, and |
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| (6) The Secretary of State may make such provision as he may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any such review as is mentioned in subsection (1) above or functions under arrangements made under this section. | | :(b) do not require any person exercising functions under the arrangements to undertake or continue with any investigation where the person does not consider it appropriate to do so. |
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| (7) The powers and duties referred to in subsection (1) above do not include any power or duty conferred or imposed by Part VII of this Act. | | (6) Where any such complaint as is mentioned in subsection (4) is made by a Member of Parliament or a member of the National Assembly for Wales, the results of the investigation must be reported to the Member of Parliament or member of the Assembly. |
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| [(8) In this section, "establishment of any description" has the same meaning as in section 119 above.]<ref name="MHA"/>
| | (7) For the purposes of a review or investigation under subsection (1) or the exercise of functions under arrangements made under this section, a person authorised by the regulatory authority may at any reasonable time— |
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| | :(a) visit and interview in private any patient in a hospital or regulated establishment, |
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| | :(b) if the authorised person is a registered medical practitioner or approved clinician, examine the patient in private there, and |
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| | :(c) require the production of and inspect any records relating to the detention or treatment of any person who is or has been detained under this Act or who is or has been a community patient or a patient subject to guardianship. |
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| | (8) The regulatory authority may make provision for the payment of remuneration, allowances, pensions or gratuities to or in respect of persons exercising functions in relation to any review or investigation for which it is responsible under subsection (1) or functions under arrangements made by it under this section. |
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| | (9) In this section “regulated establishment” means— |
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| | :(a) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000, or |
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| | :(b) premises used for the carrying on of a regulated activity (within the meaning of Part 1 of the Health and Social Care Act 2008) in respect of which a person is registered under Chapter 2 of that Part.]<ref name="HSCA">[[Health and Social Care Act 2008]] sch 3; [[Health and Social Care Act 2008 (Commencement No 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009]] wef 1/4/09</ref> |
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| {{amdts}} | | {{amdts}} |
| <references/> | | <references/> |
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| </div> | | </div> |
| __NOEDITSECTION__ | | __NOEDITSECTION__ |