Mental Health Amendment Act 1998

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1998/Acts/Mental%20Health%20Amendment%20Act%201998.pdf

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Mental Health Amendment Act 1998
MENTAL HEALTH AMENDMENT ACT 1998

1

BERMUDA
1998 : 32

MENTAL HEALTH AMENDMENT ACT 1998

[Date of Assent 13 July 1998]

[Operative Date 13 July 1998]

WHEREAS it is expedient to amend the Mental Health Act 1968:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Citation
1 This Act which amends the Mental Health Act 1968 (hereinafter
referred to as "the principal Act"), may be cited as the Mental Health
Amendment Act 1998.

Amends section 1 of principal Act
2 Section 1 of the principal Act is amended—

(a) in subsection (1)—

(i) by deleting the definition of the expression
"application for admission for observation" and
substituting the following definition—

"application for admission for assessment or for
assessment followed by treatment" means an

MENTAL HEALTH AMENDMENT ACT 1998

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application for admission of a patient to a
hospital made under section 9(1);

(ii) in the definition of the expression "mental
disorder" by deleting the words "psychopathic
disorder" and substituting the words "severe
personality disorder";

(iii) by inserting next after the definition of the
expression "emergency application" the
following—

"hospital" means—

(a) a hospital under the control of the Board
and includes the buildings or the premises
and the precincts thereof; and

(b) any building or premises or part thereof
declared to be a hospital under section
2(2)";

(iv) by deleting the definition of the expression "the
Mental Hospital";

(v) in the definition of "Mental Hospital Rules", by
deleting the word "Mental";

(vi) by deleting the definition of the expression
"psychopathic disorder", "severe subnormality"
and "subnormality";

(vii) by inserting in the appropriate alphabetical
order the following definitions—

"consultant psychiatrist" means a medical
practitioner who is registered as a specialist
in psychiatry by the Bermuda Medical
Council under the Medical Practitioners' Act
1950;

"mental impairment" means a state of arrested
or incomplete development of mind (not
amounting to severe mental impairment)
which includes significant impairment of
intelligence and social functioning and is
associated with abnormally aggressive or
seriously irresponsible conduct on the part of
the person concerned and "mentally
impaired" shall be construed accordingly;

MENTAL HEALTH AMENDMENT ACT 1998

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"severe mental impairment" means a state of
arrested or incomplete development of mind
which includes severe impairment of
intelligence and social functioning and is
associated with abnormally aggressive or
seriously irresponsible conduct on the part of
the person concerned and "severely mentally
impaired" shall be construed accordingly;

"severe personality disorder" means a persistent
disorder or disability of mind (whether or not
including significant impairment of
intelligence) which results in abnormally
aggressive or seriously irresponsible conduct
on the part of the person concerned;"; and

(viii) by deleting the definition of "responsible medical
officer" and substituting the following—

"responsible medical officer" in relation to a
patient means the consultant psychiatrist in
charge of the psychiatric care of that patient
and includes the Chief of Psychiatry and any
consultant psychiatrist designated by the
Chief of Psychiatry to be in charge of the
psychiatric care of that patient during the
absence of the responsible medical officer;

(b) in subsection (2), by deleting the words "or other
immoral conduct" and substituting the words ", other
immoral conduct, sexual deviance or dependence on
alcohol or drugs";

(c) by inserting next after subsection (2) the following—

" (3) The Chief of Psychiatry may, from time to time,
designate a consultant psychiatrist to be in charge of a
patient during the absence of the responsible medical
officer."; and

(d) by deleting the words "the Mental Hospital" wherever
they appear in the section and substituting therefore in
each case the words "a hospital".

Repeals and replaces section 2 of principal Act
3 Section 2 of the principal Act is repealed and replaced by the
following—

MENTAL HEALTH AMENDMENT ACT 1998

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"Facilities for persons suffering from mental disorder
2 (1) For the purposes of this Act, a person suffering
from mental disorder may be lawfully detained and may be given
therapeutic or psychiatric treatment in any hospital.

(2) The Minister may from time to time, by notice
published in the Gazette declare any building or premises or any
part thereof to be a hospital for the purposes of subsection (1).".

Repeals and replaces section 3 of principal Act
4 Section 3 of the principal Act is repealed and replaced by the
following—

"Administration
3 The Board shall have the general charge for
administration of a hospital referred to in section 2 and, for the
purposes of this Act, shall administer such hospital in
accordance with the provisions of this Act and, in so far as they
are not in conflict therewith, in accordance with the provisions of
the Bermuda Hospital Boards Act 1970.".

Amends section 7 of principal Act
5 Section 7 of the principal Act is amended—

(a) in subsection (1), by deleting the words "the Mental
Hospital" wherever they appear and substituting
therefor, in the first instance the words "a hospital" and
in the second instance the words "the hospital";

(b) by deleting subsection (3) and substituting the
following—

" (3) Subject to subsections (3A) and (3B) in any
case where a patient is the subject of a voluntary or
informal admission to a hospital, he or the nearest
relative, as the case may be, may at any time request his
discharge from hospital and, subject as aforesaid, the
patient shall be so discharged.

(3A) Notwithstanding subsection (3), if, in the
case of such a patient as is mentioned in that
subsection, it appears to a responsible medical officer or
a medical practitioner nominated by the Chief of
Psychiatry that an application ought to be made under
this Part for the admission of the patient to hospital, he
may furnish a report in writing to the Board to that
effect; and in any such case the patient may be detained

MENTAL HEALTH AMENDMENT ACT 1998

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in the hospital for a period of seventy-two hours from the
time when the report is so furnished and the report shall
be sufficient authority for the Board to detain the patient
in hospital for a period of seventy-two hours from the
time when the report is so furnished.

(3B) Notwithstanding subsection (3), if, in the
case of such a patient as is mentioned in that
subsection, it appears to a nurse of the prescribed
class—

(a) that the patient is suffering from mental
disorder to such a degree that it is
necessary for his health or safety or for
the protection of others for him to be
immediately restrained from leaving the
hospital; and

(b) that it is not practicable to secure the
immediate attendance of a responsible
medical officer or the medical
practitioner referred to in subsection
(3A) for the purpose of furnishing a
report under that subsection,

the nurse may record that fact in writing; and in that
event the patient may be detained in the hospital for a
period of three hours from the time when that fact is so
recorded or until the earlier arrival at the place where
the patient is detained of a responsible medical officer
having power to furnish a report under subsection (3A).

(3C) A record made under subsection (3B) shall
be delivered by a nurse (or by a person authorised by the
nurse in that behalf) to a responsible medical officer as
soon as possible after it is made; and where a record is
made under that subsection the period mentioned in
subsection (3A) shall begin at the time when it is made.

(3D) In subsection (3B) "prescribed" means
prescribed by an order made by the Board."; and

(c) in subsection (4), by deleting all the words beginning
with ", and the patient" and ending with "the patient".

Amends section 8 of principal Act
6 Section 8 of the principal Act is amended—

(a) in subsection (4), by deleting paragraph (a); and

MENTAL HEALTH AMENDMENT ACT 1998

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(b) by inserting next after subsection (5) the following—

" (6) Subject to the provisions of this section,
where a patient ordinarily resides with or is cared for by
one or more of his relatives (or, if he is for the time being
an in-patient in a hospital, he last ordinarily resided
with or was cared for by one or more of his relatives) his
nearest relative shall be determined—

(a) by giving preference to that relative or
those relatives over the other or others;
and

(b) as between two or more such relatives,
in accordance with subsection (3).

(7) A person, other than a relative, with whom
the patient ordinarily resides (or, if the patient is for the
time being an in-patient in a hospital, last ordinarily
resided before he was admitted), and with whom he has
or had been ordinarily residing for a period of not less
than five years, shall be treated for the purposes of this
section as if he were a relative but—

(a) shall be treated for the purposes of
subsection (3) as if mentioned last in
subsection (1); and

(b) shall not be treated by virtue of this
subsection as the nearest relative of a
married patient unless the husband or
wife of the patient is disregarded by
virtue of subsection 4(b).

(8) In this section "husband" and "wife" include
a person who is living with the patient as the patient's
husband or wife, as the case may be (or, if the patient is
for the time being an in-patient in a hospital, was so
living until the patient was admitted), and has been or
had been so living for a period of not less than six
months; but a person shall not be treated by virtue of
this subsection as the nearest relative of a married
patient unless the husband or wife of the patient is
disregarded by virtue of subsection (4)(b).".

Repeals and replaces section 9 of principal Act
7 Section 9 of the principal Act is repealed and replaced by the
following—

MENTAL HEALTH AMENDMENT ACT 1998

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"Admission for assessment
"9 (1) A patient may be admitted to a hospital and
detained there for the period allowed by subsection (4) in
pursuance of an application (in this Act referred to as "an
application for admission for assessment") made in accordance
with subsections (2) and (3).

(2) An application for admission for assessment may
be made in respect of a patient on the grounds that—

(a) he is suffering from mental disorder of a nature
or degree which warrants the detention of the
patient in a hospital for assessment (or for
assessment followed by medical treatment) for at
least a limited period; and

(b) he ought to be so detained in the interests of his
own health or safety or with a view to the
protection of other persons.

(3) An application for admission for assessment shall
be founded on the written recommendations of two medical
practitioners one of whom shall be a consultant psychiatrist,
including in each case a statement that in the opinion of the
practitioner the conditions set out in subsection (2)(a) and (b) are
complied with.

(4) A patient admitted to hospital in pursuance of an
application for admission for assessment may be detained for a
period not exceeding twenty-eight days beginning with the day
on which he is admitted, but shall not be detained after the
expiration of that period unless before it has expired he has
become liable to be detained by virtue of a subsequent
application, order or direction under the following provisions of
this Act.".

Amends section 10 of principal Act
8 Section 10 of the principal Act is amended—

(a) in subsection (2)(a)(i), by deleting the words "severe
subnormality" and substituting the words "severe mental
impairment"; and

(b) in subsection (2)(a)(ii) and subsection (5), by deleting the
words "psychopathic disorder" and "subnormality"
wherever they appear and substituting therefor
respectively the words "severe personality disorder" and
the words "mental impairment".

MENTAL HEALTH AMENDMENT ACT 1998

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Amends section 11 of principal Act
9 Section 11 of the principal Act is amended—

(a) by deleting subsection (1) and substituting the
following—

" (1) Subject to this section, an application for
the admission of a patient for assessment or for
treatment may be made either by the nearest relative or
by a mental welfare officer; and every such application
shall be addressed to the Board and shall specify the
qualification of the applicant to make the application.

(1A) Before making an application for the
admission of a patient to hospital a mental welfare
officer shall interview the patient in a suitable manner
and if he is satisfied that detention in a hospital is in all
the circumstances of the case the most appropriate way
of providing the care and medical treatment of which the
patient stands in need shall submit, with the
application, a report to that effect.".

Repeals and replaces section 13 of principal Act
10 Section 13 of the principal Act is repealed and replaced by the
following—

"Admission for assessment in cases of emergency
13 (1) In any case of urgent necessity, an application for
admission for assessment may be made in respect of a patient in
accordance with the following provisions of this section, and any
application so made is in this Act referred to as "an emergency
application".

(2) An emergency application may be made either by a
mental welfare officer or by the nearest relative of the patient or
by a police officer; and every such application shall include a
statement that it is of urgent necessity for the patient to be
admitted and detained under section 9, and that compliance
with the provisions of this Part of this Act relating to applications
under that section would involve undesirable delay.

(3) An emergency application shall be sufficient in the
first instance if founded on one of the medical recommendations
required by section 9, given, if practicable, by a practitioner who
has previous acquaintance with the patient and otherwise
complying with the requirements of section 12 so far as

MENTAL HEALTH AMENDMENT ACT 1998

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practicable to a single recommendation, and verifying the
statement referred to in subsection (2) of this section.

(4) An emergency application shall cease to have effect
on the expiration of a period of seventy-two hours from the time
when the patient is admitted to the hospital unless—

(a) the second medical recommendation required by
section 9 is given and received by the Board or a
person designated by the Board within that
period; and

(b) that recommendation and the recommendation
referred to in subsection (3) together comply
with all the requirements of section 12 (other
than the requirement as to the time of signature
of the second recommendation).

(5) In relation to an emergency application, section 11
shall have effect as if in subsection (3) of that section for the
words "the period of fourteen days ending with the date of the
application" there were substituted the words "the previous
twenty-four hours".

Amends section 14 of principal Act
11 Section 14 of the principal Act is amended—

(a) in subsection (1)(b), by deleting the word "observation"
and substituting the word "assessment";

(b) in subsection (2), by deleting the words "Chief of
Psychiatry" and substituting the words "the Board or a
person designated by the Board";

(c) by inserting next after subsection (2) the following—

" (3) The responsible medical officer may
nominate one (but not more than one) other medical
practitioner on the staff of that hospital to act for him
under subsection (2) in his absence.".

Amends section 15 of principal Act
12 Section 15 of the principal Act is amended—

(a) in subsection (1)—

(i) by deleting the words "the Mental Hospital"
wherever they appear and substituting therefore,
in the first instance, the words "a hospital" and,

MENTAL HEALTH AMENDMENT ACT 1998

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in the second instance the words "the hospital";
and

(ii) by deleting the words "the Chief of Psychiatry"
wherever they appear and substituting therefore
in each case the words "a responsible medical
officer".

Amends section 16 of principal Act
13 Section 16 of the principal Act is amended—

(a) in subsection (1), by deleting the words "for observation"
and substituting the words "for assessment";

(b) in subsections (1) and (2), by deleting the words "Chief of
Psychiatry" wherever they appear and substituting
therefor in each case the words "the Board or a person
designated by the Board";.

Amends section 20 of principal Act
14 Section 20 of the principal Act is amended—

(a) in subsection (3), by deleting the words "the Chief of
Psychiatry" and substituting the words "a responsible
medical officer";

(b) in subsection (5), by deleting the words "six months" and
substituting the words "twelve months"; and

(c) by inserting next after subsection (5) the following—

" (6) A patient to whom leave of absence is
granted under this section may apply to the Review
Tribunal within the period of three months beginning
with the day on which leave was granted, and thereafter
at intervals of three months.

(7) Nothing in subsection (5) shall have effect
in respect of a patient to whom leave of absence had
been granted prior to the coming into operation of this
Act and the provisions of the said subsection (5) shall
have effect as if this Act had not been enacted.".

Amends section 21 of principal Act
15 Section 21 of the principal Act is amended—

(a) in subsection (1), by deleting the words "Chief of
Psychiatry" and substituting the words "the responsible
medical officer"; and

MENTAL HEALTH AMENDMENT ACT 1998

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(b) in subsection (2)(a), by deleting the words "a
psychopathic or subnormal patient" and substituting the
words "a patient suffering from severe personality
disorder or mental impairment".

Repeals and replaces section 22 of principal Act
16 Section 22 of the principal Act is repealed and replaced by the
following—

"Duration of authority
22 (1) Subject to the following provisions of this Part, a
patient admitted to a hospital in pursuance of an application for
admission for treatment, may be detained in hospital for a period
not exceeding one year, beginning with the day on which he was
so admitted but shall not be so detained or kept for a longer
period unless the authority for his detention is renewed under
this section.

(2) Authority for the detention of a patient may, unless
the patient has previously been discharged, be renewed—

(a) from the expiration of the period referred to in
subsection (1), for a further period of six
months; and

(b) from the expiration of any period of renewal
under paragraph (a), for a further period of one
year,

and so on for periods of one year at a time.

(3) Within the period of two months ending on the day
on which a patient who is liable to be detained in pursuance of
an application for admission for treatment would cease under
this section to be so liable in default of the renewal of the
authority for detention, it shall be the duty of the responsible
medical officer—

(a) to examine the patient; and

(b) if it appears to him that the conditions set out in
subsection (4) are satisfied, to furnish to the
Board or a person designated by the Board a
report to that effect in the prescribed form,

and where such a report is furnished in respect of a patient the
Board or the person designated by the Board shall, unless it
discharges the patient, cause him to be informed.

MENTAL HEALTH AMENDMENT ACT 1998

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(4) The conditions referred to in subsection (3) are
that—

(a) the patient is suffering from mental illness,
severe mental impairment, severe personality
disorder or mental impairment, and his mental
disorder is of a nature or degree which makes it
appropriate for him to receive medical treatment
in a hospital; and

(b) such treatment is likely to alleviate or prevent a
deterioration of his condition; and

(c) it is necessary for the health or safety of the
patient or for the protection of other persons
that he should receive such treatment and that
it cannot be provided unless he continues to be
detained,

but, in the case of mental illness or severe mental impairment, it
shall be an alternative to the condition specified in paragraph (b)
that the patient, if discharged, is unlikely to be able to care for
himself, to obtain the care which he needs or to guard himself
against serious exploitation.

(5) Before furnishing a report under subsection (3) the
responsible medical officer shall consult one or more other
persons who have been professionally concerned with the
patient's medical treatment.

(6) Where a report is duly furnished under subsection
(3), the authority for the detention of the patient shall be thereby
renewed for the period prescribed in subsection (2).

(7) Where the form of mental disorder specified in a
report furnished under subsection (3) is a form of disorder other
than that specified in the application for admission for
treatment, that application shall have effect as if that other form
of mental disorder were specified in it.".

Repeals section 23 of principal Act
17 Section 23 of the principal Act is repealed.

Amends section 24 of principal Act
18 Section 24 of the principal Act is amended in subsections (2) and
(3), by deleting therefrom the words "or section 23(2)".

MENTAL HEALTH AMENDMENT ACT 1998

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Amends section 26 of principal Act
19 Section 26 of the principal Act is amended in subsection (2)(a),
by deleting the words "admission for observation" and substituting
therefor the words "admission for assessment".

Amends section 27 of principal Act
20 Section 27 of the principal Act is amended—

(a) in subsection (1), by deleting the words "section 23(2)
and substituting the words "section 22(3)"; and

(b) in subsections (2) and (3), by deleting the words "the
Chief of Psychiatry" wherever they appear in those
subsections and substituting therefor in each case the
words "the Board or a person designated by the Board".

Amends section 29 of principal Act
21 Section 29 of the principal Act is amended in subsection (4), by
deleting the words "admission for observation" and substituting the
words "admission for assessment".

Amends section 33 of principal Act
22 Section 33 of the principal Act is amended—

(a) in subsection (1)(a), by deleting sub-paragraph (i) and
substituting the following—

"(i) that the offender is suffering from mental illness,
severe personality disorder, mental impairment
or severe mental impairment;"; and

(b) in subsection (2), by deleting the words "severe
subnormality" and substituting therefor the words
"severe mental impairment".

Amends section 36 of principal Act
23 Section 36 of the principal Act is amended—

(a) in subsection (1)(a), by deleting the words "the Mental
Hospital" and substituting the words "a hospital";

(b) in subsection (1)(c), by deleting the words "the Mental
Hospital" and substituting the words "the hospital";

(c) in subsections (1)(b) and (c), by deleting the words "the
Chief of Psychiatry" and substituting the words "a
responsible medical officer"; and

MENTAL HEALTH AMENDMENT ACT 1998

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(d) in subsection (3)(b), by deleting the words "twelve
months" where they first appear and substituting
therefor the words "six months".

Amends section 38 of principal Act
24 Section 38 of the principal Act is amended in subsection (1) by
inserting next after the words "protection of the public" the words "from
serious harm".

Inserts new section 38A in principal Act
25 The principal Act is amended by inserting next after section 38
the following new section—

"Applications to tribunal by patient subject to restriction
order
38A A patient who is subject to a restriction order and is
detained in a hospital may apply to the Review Tribunal—

(a) in the period between the expiration of six months
and the expiration of twelve months beginning with
the date of the hospital order or transfer direction;
and

(b) in any subsequent period of twelve months.".

Amends section 39 of principal Act
26 Section 39 of the principal Act is amended—

(a) by deleting subsection (3) and substituting the
following—

" (3) The Minister may at any time during the
continuance in force of an order restricting the discharge
of a patient who has been conditionally discharged
under subsection (2) by warrant recall the patient to
such hospital as may be specified in the warrant.

(3A) Where a patient is recalled as mentioned in
subsection (3)—

(a) if the hospital specified in the warrant is
not the hospital from which the patient
was conditionally discharged, the
hospital order and the order restricting
his discharge shall have effect as if the
hospital specified in the warrant were

MENTAL HEALTH AMENDMENT ACT 1998

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substituted for the hospital specified in
the hospital order;

(b) in any case, the patient shall be treated
for the purposes of section 21 as if he
had absented himself without leave from
the hospital specified in the warrant,
and, if the order restricting his
discharge was made for a specified
period, that period shall not in any
event expire until the patient returns to
the hospital or is returned to the
hospital under section 21.";

(b) in subsection (6), by deleting all the words beginning
with ", and, where so requested" and ending with "ceases
to have effect"; and

(c) by deleting subsection (7) and substituting the
following—

" (7) A patient who is subject to a
restriction order and is detained in a hospital
may apply to the Review Tribunal—

(a) in the period between the
expiration of six months and the
expiration of twelve months
beginning with the date of the
hospital order; and

(b) in any subsequent period of
twelve months.".

Amends section 43 of principal Act
27 Section 43 of the principal Act is amended in subsection (2) by
deleting the words "the Chief of Psychiatry" and substituting the words "a
responsible medical officer".

Amends section 44 of principal Act
28 Section 44 of the principal Act is amended in subsection (1) by
deleting paragraph (a) and substituting the following—

"(a) that the said person is suffering from mental illness,
severe personality disorder, mental impairment or
severe mental impairment.".

MENTAL HEALTH AMENDMENT ACT 1998

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Amends section 46 of principal Act
29 Section 46 of the principal Act is amended—

(a) by deleting subsection (1) and substituting the
following—

" (1) Where a transfer direction and a restriction
direction have been given in respect of a person serving
a sentence of imprisonment and before the expiration of
that person's sentence the Minister is notified by a
responsible medical officer or the Review Tribunal that
that person no longer requires treatment in hospital for
mental disorder, the Minister may—

(a) by warrant direct that he be remitted to
prison, there to be dealt with as if he
had not been so removed; or

(b) exercise or authorise the Commis-
sioner of Prisons to exercise any power
of releasing him on licence or
discharging him under supervision or
otherwise, which would have been
exercisable if he had been remitted to
prison or to a training school,

and on his arrival in the prison or training school or, as
the case may be, his release or discharge as aforesaid,
the transfer direction and the restriction direction shall
cease to have effect.";

(b) by deleting subsection (3) and substituting the
following—

" (3) Subject to subsection (4), references in
this section to the expiration of a person's sentence are
references to the expiration of a period during which he
would have been liable to be detained in a prison or
other institution if the transfer direction had not been
given and that period shall be treated as expiring on the
date on which he could have been discharged if he had
not forfeited remission of any part of the sentence after
his removal pursuant to the direction.".

Repeals and replaces section 47 of principal Act
30 Section 47 of the principal Act is repealed and replaced by the
following—

MENTAL HEALTH AMENDMENT ACT 1998

17

"Further provisions as to persons committed for trial
47 (1) Any transfer directions given in respect of any such
person as is described in section 44(6)(c) shall cease to have
effect when his case is disposed of by the court to which he was
committed or by which he was remanded, as the case may be,
but without prejudice to any power of that court to make a
hospital order or other order under this Part.

(2) If the Minister is notified by a responsible medical
officer, or the Review Tribunal at any time before the detainee's
case is disposed of by the court—

(a) that the detainee no longer requires treatment in
hospital for mental disorder; or

(b) that no effective treatment for his disorder can
be given at the hospital to which he has been
removed,

the Minister may by warrant direct that he be remitted to prison,
there to be dealt with as if he had not been so removed, and on
his arrival at the prison the transfer direction shall cease to have
effect.

(3) If (no direction having been given under subsection
(2)) the court having jurisdiction to try or otherwise deal with the
detainee is satisfied on the written or oral evidence of a
responsible medical officer—

(a) that the detainee no longer requires treatment in
hospital for mental disorder; or

(b) that no effective treatment for his disorder can
be given at the hospital to which he has been
removed,

the court may order him to be remitted to prison or released on
bail and on his arrival at prison or, as the case may be, his
release on bail the transfer direction shall cease to have effect.

(4) If (no direction or order having been given or made
under subsection (2) or (3)) it appears to the court having
jurisdiction to try or otherwise deal with the detainee—

(a) that it is impracticable or inappropriate to bring
the detainee before the court; and

(b) that the conditions set out in subsection (5) are
satisfied,

MENTAL HEALTH AMENDMENT ACT 1998

18

the court may make a hospital order (with or without a
restriction order) in his case in his absence and, in the case of a
person awaiting trial, without convicting him.

(5) A hospital order may be made in respect of a
person under subsection (4) if the court—

(a) is satisfied, on the written or oral evidence of at
least two registered medical practitioners, that
the detainee is suffering from mental illness or
severe mental impairment of a nature or degree
which makes it appropriate for the patient to be
detained in a hospital for medical treatment;
and

(b) is of the opinion, after considering any deposi-
tions or other documents required to be sent to
the court, that it is proper to make such an
order.".

Amends section 48 of principal Act
31 Section 48 of the principal Act is amended by deleting
subsection (4) and substituting the following—

" (4) The court shall not under subsection (3) further
remand the accused in his absence unless he has appeared
before the court within the previous six months.

(5) If the court is satisfied, on the written or oral
evidence of a responsible medical officer—

(a) that the accused no longer requires treatment in
hospital for mental disorder; or

(b) that no effective treatment for his disorder can
be given in the hospital to which he has been
removed,

the court may direct that the transfer direction shall cease to
have effect notwithstanding that the period of remand has not
expired or that the accused is committed to the Supreme Court
as mentioned in subsection (2).".

Repeals and replaces section 61 of principal Act
32 Section 61 of the principal Act is repealed and replaced by the
following—

MENTAL HEALTH AMENDMENT ACT 1998

19

"Applications to the Review Tribunal
61 (1) Where—

(a) a patient is admitted to a hospital in pursuance
of an application for admission for assessment
under section 9; or

(b) a patient is admitted to a hospital in pursuance
of an application for admission for treatment
under section 10; or

(c) a report is furnished under section 19 in respect
of a patient; or

(d) a report is furnished under section 22 in respect
of a patient and the patient is not discharged; or

(e) a report is furnished under section 27 in respect
of a patient who is detained in pursuance of an
application for admission for treatment; or

(f) an order is made under section 29 in respect of
a patient who is or subsequently becomes liable
to be detained under Part II of this Act,

an application may be made to the Review Tribunal within the
relevant period—

(i) by the patient (except in the cases
mentioned in paragraph (e) and (f)) or, in
the case mentioned in paragraph (c), by
his nearest relative, and

(ii) in the cases mentioned in paragraph (e)
and (f) above, by his nearest relative.

(2) In subsection (1) "the relevant period" means—

(a) in the case mentioned in paragraph (a) of that
subsection, fourteen days beginning with the
day on which the patient is admitted as so
mentioned;

(b) in the case mentioned in paragraph (b) of that
subsection, six months beginning with the day
on which the patient is admitted as so
mentioned;

(c) in the cases mentioned in paragraphs (c) and (e)
of that subsection, twenty-eight days beginning

MENTAL HEALTH AMENDMENT ACT 1998

20

with the day on which the applicant is informed
that the report has been furnished;

(d) in the case mentioned in paragraph (d) of that
subsection, the period for which authority for
the patient's detention is renewed by virtue of
that report;

(e) in the case mentioned in paragraph (f) of that
subsection, twelve months beginning with the
date of the order, and in any subsequent period
of twelve months during which the order
continues in force.

References to Review Tribunal by Minister concerning Part
II patients
61A (1) The Minister may, if he thinks fit, at any time refer
to the Review Tribunal the case of any patient who is liable to be
detained under Part II of this Act.

(2) For the purpose of furnishing information for the
purposes of a reference under subsection (1) a registered medical
practitioner authorised by or on behalf of the patient may, at any
reasonable time, visit the patient and examine him in private
and require the production of, and inspect, any records relating
to the detention or treatment of the patient in a hospital.

Duty of Board to refer cases to Review Tribunal
61B (1) Where a patient who is admitted to a hospital in
pursuance of an application for admission for treatment does not
exercise his right to apply to the Review Tribunal under section
61(1) by virtue of his case falling within paragraph (b) of that
section, the Board shall at the expiration of the period for
making such an application refer the patient's case to the Review
Tribunal unless an application or reference in respect of the
patient has then been made under section 61(1) above by virtue
of his case falling within paragraph (c), (e) or (f) of that section or
under section 61A(1).

(2) If the authority for the detention of a patient in a
hospital is renewed under section 22 and a period of two years
(or, if the patient has not attained the age of sixteen years, one
year) has elapsed since his case was last considered by the
Review Tribunal, whether on his own application or otherwise,
the Board shall refer his case to the Review Tribunal.

MENTAL HEALTH AMENDMENT ACT 1998

21

(3) For the purpose of furnishing information for the
purposes of any reference under this section, a registered
medical practitioner authorised by or on behalf of the patient
may at any reasonable time visit and examine the patient in
private and require the production of, and inspect, any records
relating to the detention or treatment of the patient in any
hospital.

(4) The Minister may by order vary the length of the
periods mentioned in subsection (2).

(5) For the purposes of subsection (1) a person who
applies to a tribunal but subsequently withdraws his appli-
cation shall be treated as not having exercised his right to apply,
and where a person withdraws his application on a date after the
expiration of the period mentioned in that subsection, the Board
shall refer the patient's case as soon as possible after that date.

Applications to Review Tribunal concerning patients subject
to hospital order
61C (1) Without prejudice to any provision of section 61(1)
as applied by section 36(2), an application to the Review
Tribunal may also be made in respect of a patient admitted to a
hospital in pursuance of a hospital order, by the nearest relative
of the patient in the period between the expiration of six months
and the expiration of twelve months beginning with the date of
the order and in any subsequent period of twelve months.

(2) Where a person detained in a hospital—

(a) is treated as subject to a hospital order by virtue
of section 38(5); or

(b) is subject to an order having the same effect as a
hospital order by virtue of section 43(1),

then, without prejudice to any provision of Part II of this Act as
applied by section 36, that person may make an application to
the Review Tribunal in the period of six months beginning with
the date of the order mentioned in paragraph (a) or (b).

Applications to Review Tribunal concerning restricted
patients
61D A patient in respect of whom an order restricting his
discharge from hospital has been made under section 38 may
apply to the Review Tribunal—

MENTAL HEALTH AMENDMENT ACT 1998

22

(a) in the period between the expiration of six
months and the expiration of twelve months
beginning with the date of the order; and

(b) in any subsequent period of twelve months.

References by Minister concerning restricted patients
61E (1) The Minister may at any time refer the case of a
patient in respect of whom an order restricting his discharge
from hospital has been made under section 38 to the Review
Tribunal.

(2) The Minister shall refer to the Review Tribunal the
case of any such patient whose case has not been considered by
such a tribunal, whether on his own application or otherwise,
within the last two years.

(3) The Minister may by order vary the length of the
period mentioned in subsection (2).

Duty of Board to give information to detained patients
61F (1) The Board shall take such steps as are practicable
to ensure that a patient who is detained under this Act
understands—

(a) under which of the provisions of this Act he is
for the time being detained and the effect of that
provision; and

(b) what rights of applying to the Review Tribunal
are available to him in respect of his detention
under that provision,

and those steps shall be taken as soon as practicable after the
commencement of the patient's detention under the provision in
question.

(2) The Board shall in respect of a patient who is
detained as aforesaid also take such steps as are practicable to
ensure that the patient understands the effect, so far as relevant
in his case, of sections 26, 27, 61(1)(e) and 17; and those steps
shall be taken as soon as practicable after the commencement of
the patient's detention in the hospital or nursing home.

(3) The steps to be taken under subsections (1) and (2)
above shall include giving the requisite information both orally
and in writing.

MENTAL HEALTH AMENDMENT ACT 1998

23

(4) The Board shall in respect of a patient who is
detained as aforesaid, except where the patient otherwise
requests, take such steps as are practicable to furnish the
person (if any) appearing to the Board to be his nearest relative
with a copy of any information given to him in writing under
subsections (1) and (2); and those steps shall be taken when the
information is given to the patient or within a reasonable time
thereafter.

Duty of Board to inform nearest relative of discharge of
patient
61G (1) Where a patient liable to be detained under this Act
in a hospital is to be discharged otherwise than by virtue of an
order for discharge made by his nearest relative, the Board shall,
subject to subsection (2), take such steps as are practicable to
inform the person (if any) appearing to the Board to be the
nearest relative of the patient; and that information shall, if
practicable, be given at least seven days before the date of
discharge.

(2) Subsection (1) shall not apply if the patient or his
nearest relative has requested that information about the
patient's discharge should not be given under this section.".

Minor consequential amendments
33 (1) The provisions of the principal Act specified in the first
column of Part I of the Schedule are amended in the manner specified in
the second column of that Part.

(2) The other statutory provisions specified in Part II of the
Schedule are amended in the manner specified in the second column
that Part.

Savings and transitional
34 Where prior to the coming into operation of this Act, a patient
had been admitted to a hospital for assessment under section 9 of the
principal Act, then, on the date of the coming into operation of this Act,
that patient shall be deemed to have been admitted under this Act and,
accordingly, the provisions of section 61(1)(a) shall have effect in relation
to that patient.

Amends First Schedule to the principal Act
35 The First Schedule to the principal Act is amended in paragraph
4—

(a) by renumbering the paragraph as sub-paragraph (1);

MENTAL HEALTH AMENDMENT ACT 1998

24

(b) by inserting next after the words "under section 63(2)(b)"
the words "and sub-paragraph (2)";

(c) by deleting the words "or more" wherever they appear in
that paragraph; and

(d) by inserting the following as sub-paragraph (2)—

" (2) Notwithstanding sub-paragraph (1)—

(a) in the case of a patient who was
admitted to a hospital for treatment and
who has been detained in that hospital
for six months or more;

(b) in the case of a patient in respect of
whom a hospital order was made,

the Review Tribunal shall, consist of the members
referred to in sub-paragraphs (a) and (c) and one
medical practitioner who satisfies the Chairman of the
Review Tribunal that he has experience in psychiatric
care."; and

(e) by deleting the word "Governor" wherever it appears and
substituting therefor in each case the word "Minister".

MENTAL HEALTH AMENDMENT ACT 1998

25

SCHEDULE (section 33(1))

PART I

Provisions of principal Act Amendment

Sections 1(1), 3, 6, 7(1) and (2),
8(4), 9(1), (2) and (4), 10(1), 14(1)
and (2),15(2) and (5), 16(1), 17(1),
19(1), 20(1) and (4), 21(1) and (3),
22(1), [23(2)], 27(2), 33(1), 36(1)
(3) and (4), 38(5), 39(3), (5) and
(6), 41(1), 43(1), 44(1) and (2),
47(4), 65(1), 66(1), 67(1) and (2),
70(1), 71(6), 74(1) and (4), 76(1),
77(1), 78(1) and (2)

Delete the words "the Mental
Hospital" wherever they
appear and substitute the
words "a hospital"

Section 1(1), 4(1) and (2), 5(3),
17(2), 38(3), 39(1), (2), (3), (5), (6)
and (7), 43(1) and (2), 44(1) and
(5), 45(1), 46(1) and (2), 57(1) to
(3), 62(3)

}
}
}
} Delete the words "the Governor"
} wherever they appear and

First Schedule
paragraph 1, 2, 3
Second Schedule

} substitute the words "the
} Minister"
}

Sections 7(4), 11(1), 14(1) and (2),
15

Delete the words "the Chief of
Psychiatry" and substitute the
words "a responsible medical
officer"

MENTAL HEALTH AMENDMENT ACT 1998

26

PART II (section 33(2))

Statutory Provisions Amendments

Human Rights Act 1981
The proviso to section 6(1) Delete the words "or any mental

hospital" and substitute the
words "or in regard to the
employment of persons in a
hospital to care for persons
suffering from mental disorder".

Mental Health (Magistrates'
Court) Rules 1968

Rule 3(1) Delete paragraph (c) and
substitute the following—

"(c) an officer in a hospital
authorised to make such
report in respect of a person
suffering from mental
disorder.".

The Prisons Act 1979
Section 6(p) Delete the words "to the Mental

Hospital" and substitute the
words "to a hospital for the
treatment of a mental disorder".

The Young Offenders Act 1950
Section 54(j) Delete the words "to the Mental

Hospital" and substitute the
words "to a hospital for the
treatment of a mental disorder".

The Liquor Licensing Act 1974
First Schedule
Paragraph 1(iii)

Delete the words "to the Mental
Hospital" and substitute the
words "to a hospital for the
treatment of a mental disorder".

MENTAL HEALTH AMENDMENT ACT 1998

27

The Mental Health (Patients'
Property) Rules 1990

Rule 36 Delete the words "the mental
hospital" and substitute the
words "a hospital for the
treatment of a mental disorder".

The Hospital Insurance (Mental
Illness, Alcohol and Drug Abuse)
Regulations 1973

Regulation 1 Delete the heading and substitute
"Treatment of patients for mental
disorder at a hospital".

Delete the words "at the mental
hospital" and substitute the
words "at a hospital for the
treatment of a person suffering
from mental disorder".

The Defence Act 1965
Section 12(1)(g) Delete the words "in the Mental

Hospital" and substitute the
words "in a hospital receiving
treatment primarily for mental
disorder".

Section 13A(6) Delete the words "in the Mental
Hospital" and substitute the
words "in a hospital receiving
treatment for mental disorder".

The Jurors Act 1971
Section 3(2)(c) Delete the words "in the mental

hospital" and substitute the
words "in a hospital and receiving
treatment primarily for mental
disorder".

MENTAL HEALTH AMENDMENT ACT 1998

28

Section 7 In subsection (2), delete the words
"Medical Director of the mental
hospital" and substitute the
words "Chief of Psychiatry".

Insert next after subsection (3),
the following—

" (4) In this section "Chief
of Psychiatry" means the Chief of
Psychiatry appointed under the
Bermuda Hospitals Board Act
1970.".

The Mental Health Review
Tribunal Rules 1968

Rule 4(2)(b) and (6) Delete the words "the Mental
Hospital" and substitute the
words "to a hospital for the
treatment of mental disorder".

Rule 10 Delete the words "the Mental
Hospital" and substitute the
words "a hospital".

The Criminal Code Act 1907
Section 71E(7)

Section 545(4)

Section 546(2)

Delete the word "mental"

Delete the words "the Mental
Hospital" and substitute the
words "a hospital".

Delete the words "the Mental
Hospital" and substitute the
words "a hospital".

MENTAL HEALTH AMENDMENT ACT 1998

29

The Public Service
Superannuation Act 1981

Section 29(1)(a)

Section 29(2)

Delete the words "a patient in a
mental hospital" and substitute
the words "receiving treatment
primarily for mental disorder in a
hospital".

Delete the words "in a mental
hospital" wherever they appear
and substitute therefor in each
case the words "in a hospital".

The Bermuda Hospitals Board
Act 1970

Section 1 Delete the definition of "the
hospitals" and substituting the
following—

"the hospitals" means the
general hospital and a
hospital as defined in
section 2 of the Mental
Health Act 1968, and
includes any establish-
ment for the care or relief
of the sick or infirmed
that may be placed under
the control of the Board;".

Delete the definition of the
expression "the mental hospital".

Sections 8 Delete subsection (3).

Section 12 Delete the words "for the general
hospital and for the mental
hospital" and substitute the
words "for the hospitals".

MENTAL HEALTH AMENDMENT ACT 1998

30

The Bermuda Hospitals Board
(Hospital Fees) Regulations
1980

Regulation 4

Regulation 5

In Schedule 1
Part B

Delete the heading and substitute
"Residents' rates for in-patient
treatment for mental disorder".

Delete the words "in-patient
treatment in the mental hospital"
and substitute the words "treat-
ment for mental disorder in a
hospital".

Delete the words "in the mental
hospital" and substitute the
words "in a hospital for the
treatment of mental disorder".

Delete paragraph (f) and
substitute the following—

"(f) for treatment for mental
disorder in a hospital".

The Coroners Act 1938
Section 8 Delete the words "or in the Mental

Hospital" and substitute the
words "or in a hospital in which
he was being treated primarily for
mental disorder".

Delete the words "or Mental
Hospital" and substitute the
words "or hospital".

MENTAL HEALTH AMENDMENT ACT 1998

31

Section 11

Section 14

In the proviso to subsection (1),
delete the words "or in the Mental
Hospital" and substitute the
words "in a hospital in which he
was being treated primarily for
mental disorder".

In subsection (2), in the proviso to
paragraph (a), delete the words
"or the Mental Hospital" and
substitute the words "or in a
hospital in which he was being
treated primarily for mental
disorder".

Delete the word "Mental".