Legislation – Mental Health Act 2025

After section 62 insert—

“62ZAUrgent treatment: electro-convulsive therapy, etc.

(1)

This section applies instead of section 58A—

(a)

to any treatment with electro-convulsive therapy where—

(i)

the treatment is immediately necessary to save the patient’s life, or

(ii)

the treatment is not irreversible and is immediately necessary to prevent a serious deterioration of the patient’s condition;

(b)

to any treatment of a form specified under section 58A(1)(b), where the treatment falls within such of paragraphs (a) to (d) of section 62(1) as may be specified in regulations under section 58A(1)(b).

(2)

The treatment may be given to a patient who has capacity to consent to the treatment only if—

(a)

the patient has consented to it, or

(b)

the patient has not consented but a certificate has been given by a second opinion appointed doctor under subsection (4).

(3)

The treatment may be given to a patient who lacks capacity to consent to the treatment only if—

(a)

the giving of the treatment would not conflict with any of the following—

(i)

a valid and applicable advance decision, or

(ii)

a decision of a donee or deputy or the Court of Protection, or

(b)

the giving of the treatment would conflict with such a decision but a certificate has been given by a second opinion appointed doctor under subsection (5).

(4)

A certificate under this subsection is a certificate stating—

(a)

that the patient has capacity to consent to the treatment but has not consented to it,

(b)

that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A,

(c)

where the treatment is electro-convulsive therapy, that the treatment—

(i)

is immediately necessary to save the patient’s life, or

(ii)

is not irreversible and is immediately necessary to prevent a serious deterioration of the patient’s condition, and

(d)

where the treatment is of a form specified under section 58A(1)(b), which of the paragraphs of section 62(1) it falls within (see subsection (1)(b)).

(5)

A certificate under this subsection is a certificate stating—

(a)

that the patient lacks capacity to consent to the treatment and it appears to the second opinion appointed doctor that there is a decision mentioned in subsection (3)(a) or (b) which, if valid, would conflict with the giving of the treatment,

(b)

that the decision to give the treatment was made by the approved clinician in charge of the treatment in accordance with section 56A,

(c)

where the treatment is electro-convulsive therapy, that the treatment—

(i)

is immediately necessary to save the patient’s life, or

(ii)

is not irreversible and is immediately necessary to prevent a serious deterioration of the patient’s condition, and

(d)

where the treatment is of a form specified under section 58A(1)(b), which of the paragraphs of section 62(1) it falls within (see subsection (1)(b)).

(6)

Before giving a certificate under this section, the second opinion appointed doctor must, if it is practicable to do so within any period specified under section 62ZC(1), consult—

(a)

a nurse who has been professionally concerned with the patient’s medical treatment and is neither the responsible clinician nor the approved clinician in charge of the treatment in question, and

(b)

the patient’s nominated person.

(7)

Any request under section 56B for the appointment of a second opinion doctor in relation to the function of giving a certificate under this section must be made by the relevant person (within the meaning of section 56B) as soon as reasonably practicable.

(8)

The regulatory authority must, on receiving such a request, make the appointment under section 56B as soon as practicable.

(9)

Subsection (3) of section 62 applies for the purposes of this section as it applies for the purposes of that section.

62ZBLife-saving section 62ZA treatment: modified procedure in exceptional circumstances

(1)

Where—

(a)

a request is made to the regulatory authority under section 56B for the appointment of a second opinion doctor to perform the function of giving a certificate under section 62ZA in relation to any treatment, and

(b)

the regulatory authority determines that there are exceptional circumstances which mean that there will be a delay in appointing a second opinion doctor,

a function of a second opinion appointed doctor under section 62ZA in relation to the giving of a certificate containing a statement under subsection (4)(c)(i) or (5)(c)(i) of that section may be performed, instead, by the approved clinician in charge of that treatment.

(2)

But no treatment may be given in reliance on a certificate given by the approved clinician by virtue of subsection (1) once the second opinion doctor has been appointed under section 56B.

(3)

Each time a patient is given treatment in reliance on a certificate given by the approved clinician by virtue of subsection (1), the managers of the hospital or registered establishment in which the treatment is given must notify the regulatory authority of that treatment as soon as reasonably practicable.

(4)

The regulatory authority’s annual report under section 120D must include—

(a)

a statement of how many times the regulatory authority has made a determination under subsection (1)(b) in the period to which the report relates and a summary of the reasons why any determinations have been made, and

(b)

a statement of how many times during that period treatment has been given in reliance on a certificate issued by virtue of subsection (1).

62ZCSection 62ZA(1) treatment: powers of appropriate national authority

(1)

The appropriate national authority may by regulations impose duties on—

(a)

the managers of hospitals or registered establishments,

(b)

approved clinicians, or

(c)

the regulatory authority,

for the purpose of ensuring that a certificate given under section 62ZA is given within a period specified in the regulations.

(2)

Regulations under this section may make—

(a)

provision subject to specified exceptions;

(b)

different provision for different cases;

(c)

transitional, consequential, incidental or supplemental provision.”

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

““the appropriate national authority” has the meaning given by section 58A(10);”.

In section 118 (code of practice), in subsection (1), after paragraph (d) (as inserted by Schedule 3 to this Act) insert—

“(e)

for the guidance of the regulatory authority in relation to its functions under or by virtue of Part 4; and”.