Legislation – Mental Health Act 2025

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Treatment

12Appointment of doctors to provide second opinions

(1)

The Mental Health Act 1983 is amended as follows.

(2)

After section 56A (as inserted by section 11 of this Act) insert—

“56BAppointment of doctors to provide second opinions

(1)

Where, in relation to a patient, a function under this Part is to be performed by a “second opinion appointed doctor” (whether because this Part requires it to be so performed or because a decision has been made under this Part that it will be so performed)—

(a)

the relevant person must request that the regulatory authority appoint a person to perform the function in relation to the patient, and

(b)

on receiving the request, the regulatory authority must, as soon as reasonably practicable (subject to section 62ZA(8)), appoint a person to perform the function in relation to the patient.

(2)

The person appointed by the regulatory authority—

(a)

must be a registered medical practitioner, and

(b)

must not be the patient’s responsible clinician or the person in charge of the treatment that is to be given to the patient.

(3)

In this section “the relevant person” means—

(a)

if there is a responsible clinician for the patient, the responsible clinician;

(b)

otherwise, the person in charge of the treatment that is to be given to the patient.”

(3)

In section 57 (treatment requiring consent and a second opinion)—

(a)

in subsection (2)(a), for the words from the beginning to “question)” substitute “a second opinion appointed doctor”;

(b)

in subsection (2)(b), for the words from the beginning to “above” substitute “the second opinion appointed doctor”;

(c)

in subsection (3), for “the registered medical practitioner concerned” substitute “the second opinion appointed doctor”.

(4)

In section 58 (treatment requiring consent or a second opinion)—

(a)

in subsection (3)(a), for the words from “a registered” to “authority” substitute “a second opinion appointed doctor”;

(b)

in subsection (3)(b), for the words from the beginning to “question)” substitute “a second opinion appointed doctor”.

(5)

In section 58A (electro-convulsive therapy etc)—

(a)

in subsection (3)(c), for the words from “a registered” to “above” substitute “a second opinion appointed doctor”;

(b)

in subsection (4)(c), for the words from the beginning to “treatment)” substitute “a second opinion appointed doctor”;

(c)

in subsection (6), in the words before paragraph (a), for “the registered medical practitioner” substitute “the second opinion appointed doctor”.

(6)

In section 64 (supplementary provisions for Part 4), in subsection (1) (as substituted by section 10 of this Act), at the appropriate place insert—

““second opinion appointed doctor” is to be read in accordance with section 56B”.

(7)

In section 64C (section 64B: supplemental)—

(a)

in subsection (4)(a), for the words from the beginning to “treatment)” substitute “a second opinion appointed doctor”;

(b)

after subsection (9) insert—

“(10)

In this section “second opinion appointed doctor” has the same meaning as in Part 4 (see section 64).”

(8)

In section 119 (practitioners approved for Part 4 and section 118), in subsection (1), after “Act” insert “(see section 56B)”.