Mental Health (Jersey) Law 1969

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Jersey Law 18/1969

“MENTAL HEALTH (JERSEY) LAW, 1969”,

CONFIRME PAR

Ordre de Sa Majesté en Conseil

en date du 31 juillet 1969.

____________

(Enregistré le 29 août 1969).

ARRANGEMENT OF ARTICLES.
Article
		PART I
		PRELIMINARY
1.		Interpretation
2.		Mental Health Review Tribunal
3.		Functions of the Committee in relation to this Law
4.		Informal admission of patients
		PART II
		PROVISIONS AS TO MENTAL NURSING HOMES
5.		Duty to register
6.		Provisions as to registration
7.		Control of mental nursing homes
8.		Cancellation of registration
9.		Procedure and right of appeal on refusal or cancellation of registration
10.		Effect of decision of Court on an appeal
11.		Continuation of registration on cancellation or death
		PART III
		COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP
		Application
12.		Application of Part III of this Law
		Procedure for hospital admission
13.		Admission for observation
14.		Admission for treatment
15.		General provisions as to applications
16.		General provisions as to medical recommendations
17.		Admission for observation in case of emergency
18.		Applications in respect of patients already in hospital
19.		Effect of application for admission
20.		Rectification of application and recommendations
		Procedure for reception into guardianship
21.		Application for guardianship
22.		Provisions as to persons requiring special care
23.		Effect of guardianship application etc.
		Care and treatment of patients
24.		Appointment of medical attendant
25.		Correspondence of patients
26.		Visiting and examination of patients
27.		Leave of absence from hospital
28.		Return and re-admission of patients absent without leave
29.		Provisions as to transfer of patients
30.		Transfer of guardianship in case of death, incapacity etc. of guardian
		Duration of authority for detention or guardianship and discharge of patients
31.		Duration of authority
32.		Special provisions as to patients absent without leave
33.		Special provisions as to patients sentenced to imprisonment etc.
34.		Discharge of patients
35.		Restrictions on discharge by nearest relative
		Functions of relatives of patients
36.		Definition of relative and nearest relative
37.		Infants in care
38.		Nearest relative of infant under “tutelle” etc.
39.		Appointment by the Court of acting nearest relative
40.		Discharge and variation of orders under Article 39
		Supplemental
41.		Duty of officer to make application for admission or guardianship
		PART IV
		REMOVAL OF PATIENTS
42.		Removal of patients
		PART V
		MISCELLANEOUS AND GENERAL
		Offences
43.		Forgery, false statements etc
44.		Ill-treatment of patients
45.		Protection of female patients
46.		Assisting patients to absent themselves without leave etc.
47.		Obstruction
		Miscellaneous provisions
48.		Religious persuasion of patients
49.		Provision of pocket money for in-patients in hospital
50.		Modification of “curatelle” procedure, and provisions as to the management and administration of the property and affairs of patients
51.		Pay, pensions etc. of patients
52.		Correspondence of patients not subject to detention
53.		Warrant to search for and remove patients
54.		Mentally disordered persons and addicts found in public places
55.		Provisions as to custody, conveyance and detention
56.		Retaking of patients escaping from custody
57.		Protection for acts done in pursuance of this Law
58.		Procedure on applications to the Court
59.		Orders
60.		Amendment of other enactments and transitional provisions
61.		Repeals and transitional provisions
62.		Short title and commencement
SCHEDULES
First Schedule–Mental Health Review Tribunal
	Part I–Constitution
	Part II–Procedure
Second Schedule–Oath of curators
Third Schedule–Amendment of other enactments
Fourth Schedule–Enactments repealed

MENTAL HEALTH (JERSEY) LAW, 1969.

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A LAW to make fresh provision with regard to the treatment of mentally disordered persons, and to provide for matters connected therewith, sanctioned by Order of Her Majesty in Council of the

31st day of JULY, 1969.

____________

STATES OF JERSEY.

____________

The 29th day of April, 1969.

____________

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law : -

PART I

PRELIMINARY

ARTICLE 1

INTERPRETATION

(1) In this Law, unless the context otherwise requires –

“absent without leave” means absent from a hospital or other place and liable to be taken into custody and returned under this Law ;

“addict” means a person who by reason of –

(a) the habitual intemperate drinking of intoxicating liquor ; or

(b) the habitual taking or using, otherwise than on medical advice, of any drug to which any of the provisions of the Dangerous Drugs (Jersey) Law, 19541 or the Drugs (Prevention of Misuse) (Jersey) Law, 19642 for the time being applies ;

is at times dangerous to himself or to others, or incapable of managing himself or his affairs, and “addiction” shall be construed accordingly ;

“alien” means a person who is not a British subject ;

“application for admission for observation” has the meaning assigned to it by paragraph (1) of Article 13 of this Law ;

“application for admission for treatment” has the meaning assigned to it by paragraph (1) of Article 14 of this Law ;

“child” means a person under sixteen years of age ;

“the Committee” means the Public Health Committee ;

“the Court” means the Inferior Number of the Royal Court ;

“enactment” includes an enactment of the Parliament of the United Kingdom ;

“guardian” in relation to a child, includes either of the parents or any person who for the time being has charge of, or control over, the child ;

“guardianship application” has the meaning assigned to it by paragraph (1) of Article 21 of this Law ;

“hospital” means any institution administered by the Committee which provides treatment for persons suffering from illness, mental disorder or addiction ;

“medical recommendations” has the meaning assigned to it by paragraph (1) of Article 16 of this Law ;

“medical treatment” includes nursing, and includes also care and training under medical supervision ;

“mental disorder” means mental illness, arrested or incomplete development of mind and any other disability or disorder of mind, and the expression “mentally disordered” shall be construed accordingly ;

“mental nursing home” means any premises (not being a hospital) the sole or main object of which is, or is held out to be, the provision of accommodation, with or without medical treatment whether for reward or not, for patients ;

“nearest relative” has the meaning assigned to it by paragraph (3) of Article 36 of this Law ;

“officer” except in Article 2, means a person authorized by the Committee for the purposes of this Law ;

“order for discharge” has the meaning assigned to it by paragraph (1) of Article 34 of this Law ;

“parent” in relation to a child, includes a guardian (“tuteur”) ;

“patient” means a person suffering or appearing to be suffering from mental disorder or from addiction and, in the provisions of this Law relating to guardianship, includes a person requiring special care ;

“person requiring special care” means a person suffering from arrested or incomplete development of mind, whether arising from inherent causes or induced by disease or injury, which renders him socially inefficient to such an extent that he requires supervision, training or control in his own interests or for the protection of other persons ;

“place of safety” means –

(a) in relation to a person other than a child, a police station or other place of detention, or any hospital into which the Committee is willing temporarily to receive him ; and

(b) in relation to a child, any institution provided by or under the authority of the States into which the Committee having charge of the institution is willing temporarily to receive him, or any hospital into which the Committee is willing temporarily to receive him ;

“prescribed” means prescribed by order made by the Committee under Article 59 of this Law ;

“registered” means registered under Part II of this Law ;

“registered medical practitioner” has the same meaning as in the Medical Practitioners (Registration) (Jersey) Law, 1960 ;3

“relative” has the meaning assigned to it by paragraph (1) of Article 36 of this Law ;

“responsible medical officer” means –

(a) in relation to a patient liable to be detained by virtue of an application for admission for observation or an application for admission for treatment, the registered medical practitioner in charge of the treatment of the patient ;

(b) in relation to a patient subject to guardianship, the Medical Officer of Health or any other registered medical practitioner authorized by the Committee to act, either generally or in any particular case or for any particular purpose, as the responsible medical officer ;

“school” means an institution, whether administered by the Education Committee or not, for providing primary or secondary education or both primary and secondary education.

(2) For the purposes of this Law, a person shall be deemed to be socially inefficient if –

(a) he is incapable of living an independant life ; or

(b) he is incapable of guarding himself against common physical dangers ; or

(d) being a child, he has been found unsuitable for ordinary education at school.

(3) References in this Law to any other enactment shall be construed as references thereto as amended by or under any subsequent enactment.

(4) Nothing in this Law shall be construed as implying that a person may be dealt with under this Law, as suffering from mental disorder, by reason only of promiscuity or other immoral conduct.

ARTICLE 2

MENTAL HEALTH REVIEW TRIBUNAL

(1) There shall be constituted a tribunal to be called the Mental Health Review Tribunal (hereinafter referred to as “the Tribunal”) for the purpose of dealing with applications and references by and in respect of patients under the provisions of this Law.

(2) The provisions of –

(a) Part I of the First Schedule to this Law shall have effect with respect to the constitution ; and

(b) Part II of that Schedule shall have effect with respect to the procedure ;

of the Tribunal.

(3) The Committee shall pay to the members of the Tribunal such remuneration as may be prescribed and defray such expenses of the Tribunal as the Committee may determine, and may provide such officers and servants, and such accommodation, as the Tribunal may require.

(4) The States may by regulations amend the First Schedule to this Law.

ARTICLE 3

FUNCTIONS OF THE COMMITTEE IN RELATION TO THIS LAW

(1) The Committee shall appoint such medical and other officers and persons as may from time to time be necessary for the purpose of carrying this Law into effect.

(2) The Committee may make arrangements for the purpose of the care of persons suffering from mental disorder or addiction or for the after-care of persons who have been so suffering, and for persons requiring special care, including arrangements for the following purposes, that is to say –

(a) the provision, equipment and maintenance of residential accommodation, and the care of persons for the time being resident in accommodation so provided ;

(b) for the provision of centres or other facilities for the training, occupation and employment of such persons, and the equipment and maintenance of such centres or facilities;

(i) for the better promotion of mental health ;

(ii) for the prevention of mental disorder or addiction ;

(iii) for promoting the better care and treatment of persons suffering from mental disorder or addiction and for the welfare of such persons ;

(iv) for promoting the welfare of persons requiring special care.

ARTICLE 4

INFORMAL ADMISSION OF PATIENTS

Nothing in this Law shall be construed as preventing a patient who requires, or is desirous of receiving, treatment for mental disorder or for addiction from being admitted to any hospital or mental nursing home the responsible medical officer of which is willing to receive him, without any application or authority rendering the patient liable to be detained under the provisions of this Law, or from remaining, with the consent of the responsible medical officer, after he has ceased to be so liable, or from taking his discharge at any time subject to the giving by him to the responsible medical officer of forty-eight hours notice of his intention to do so.

PART II

PROVISIONS AS TO MENTAL NURSING HOMES

ARTICLE 5

DUTY TO REGISTER

(1) No person shall carry on a mental nursing home unless the mental nursing home is registered.

(2) If any person carries on a mental nursing home in contravention of the provisions of this Article he shall be guilty of an offence and shall be liable to a fine not exceeding fifty pounds or, in the case of a second or subsequent offence, to a fine not exceeding fifty pounds or to imprisonment for a term not exceeding three months or to both such fine and such imprisonment.

ARTICLE 6

PROVISIONS AS TO REGISTRATION

(1) An application for the registration, or renewal of registration, of premises as a mental nursing home shall be made to the Committee in writing in such form (if any) as the Committee may require, and specify whether or not it is proposed to receive in the mental nursing home patients who are liable to be detained by virtue of the provisions of this Law, and each such application shall be accompanied by a fee of five shillings.

(2) The Committee shall not register any premises under this Part of this Law unless it is satisfied –

(a) that the applicant is a fit person to carry on the mental nursing home, having regard to his age, conduct and other relevant considerations ;

(b) that the premises are fit to be used as a mental nursing home ;

(d) that the medical and nursing staff proposed is adequate for the mental nursing home and is suitably trained and qualified.

(3) The Committee may attach such conditions as it thinks fit to the registration, or renewal of registration, of any mental nursing home and shall, in particular, attach such conditions as it may think appropriate for regulating –

(a) the maximum number of patients who at any one time may receive care or treatment in the mental nursing home ; and

(b) the age, sex or other category of patients who may be received in the mental nursing home ;

and if any condition imposed by virtue of this paragraph is not complied with, the person carrying on the mental nursing home shall be guilty of an offence and shall be liable to a fine not exceeding five pounds and, in the case of a second or subsequent offence, to a fine not exceeding twenty pounds.

(4) Subject to the provisions of paragraph (2) of this Article, the Committee may grant the application and, in such a case, shall issue to the person proposing to carry on the mental nursing home a certificate of registration.

(5) Every certificate of registration shall contain –

(a) a sufficient description of the mental nursing home to which it relates ;

(b) the name of the person carrying on the mental nursing home ;

(d) the conditions imposed by virtue of paragraph (3) of this Article ;

(e) such other matters as the Committee may think fit.

(6) Every registration shall, unless previously cancelled or surrendered, continue in force for the period of five years next following the day on which it was granted and shall be renewable for further periods of five years in manner provided by this Article.

(7) A certificate of registration shall be kept affixed in a conspicuous position in the mental nursing home to which it relates and, if default is made in complying with the provisions of this paragraph, the person carrying on the mental nursing home shall be guilty of an offence and shall be liable to a fine not exceeding five pounds and, where it is a continuing offence, to a further fine not exceeding two pounds for every day on which the offence continues after conviction.

(8) Nothing in this Article shall be construed as requiring the Committee to register any premises as a mental nursing home.

ARTICLE 7

CONTROL OF MENTAL NURSING HOMES

(1) It shall be the duty of any person carrying on a registered mental nursing home –

(a) to keep it open to inspection at all reasonable times ;

(b) to keep such registers and records as may be prescribed ;

(d) to afford to the Committee and the Tribunal all such facilities as are necessary for the exercise of their respective functions under this Law ;

and any person who fails to comply with any requirement of this paragraph shall be guilty of an offence and shall be liable to a fine not exceeding five pounds and, in the case of a second or subsequent offence, to a fine not exceeding twenty pounds.

(2) The Committee shall ensure by regular inspection that registered mental nursing homes are properly carried on and, for the purpose of so doing, any person authorized in that behalf by the Committee may, on production if so required of evidence of his authority, enter and inspect any premises which are used, or which he has reasonable ground for believing to be used, for the purposes of a mental nursing home.

(3) A person authorized by virtue of the provisions of paragraph (2) of this Article may visit and interview in private any patient, or person in need of special care, residing in the mental nursing home –

(a) for the purpose of investigating any complaint as to his treatment made by or on behalf of the patient or other person ; or

(b) in any case where the person so authorized has reasonable cause to believe that the patient or other person is not receiving proper care ;

and where the person so authorized is a registered medical practitioner, he may examine the patient or other person in private and may require the production of, and may inspect, any medical records relating to the treatment of the patient or other person in the mental nursing home.

ARTICLE 8

CANCELLATION OF REGISTRATION

(1) The Committee may at any time cancel a registration under this Part of this Law –

(a) on any ground on which the Committee might have refused registration ; or

(b) on the ground that the person carrying on the mental nursing home, or any person employed by him, has been convicted of an offence under this Law.

(2) Where a registration is cancelled under the provisions of this Article, the person carrying on the mental nursing home shall forthwith deliver up to the Committee the certificate of registration granted in respect of the mental nursing home and, if he fails to do so, he shall be guilty of an offence and shall be liable to a fine not exceeding five pounds and, where it is a continuing offence, to an additional fine not exceeding two pounds for each day on which the offence continues after conviction.

ARTICLE 9

PROCEDURE AND RIGHT OF APPEAL ON REFUSAL OR CANCELLATION OF REGISTRATION

(1) The Committee shall not refuse an application for registration or for renewal of registration, or cancel a registration, unless it has given to the applicant or person registered, as the case may be, not less than fourteen days notice in writing of its intention so to do and of its reasons for so doing, and every such notice shall contain an intimation that if, within fourteen days of the receipt of the notice, the applicant or person registered informs the Committee in writing that he desires so to do, the Committee shall, before refusing the application or cancelling the registration, give him an opportunity of being heard, in person or by a representative, against such refusal or cancellation.

(2) A notice to be given to any person under paragraph¹ of this Article may be sent by registered post or by the recorded delivery service in a letter addressed to him at his usual or last-known place of abode or, in the case of a body corporate, at its registered office or its principal place of business.

(3) Where the Committee, after giving to the applicant or to the person registered an opportunity of being heard, decides to refuse the application for registration or for renewal of registration, or to cancel the registration, it shall, if so required by the applicant or person registered, deliver to him, within seven days of the receipt of such requirement, particulars in writing of the reasons for such refusal or cancellation.

(4) Any person aggrieved by such refusal or cancellation may appeal to the Court, in term or in vacation, on the ground that the decision of the Committee was unreasonable having regard to all the circumstances of the case, and the decision of the Court shall be final and without further appeal, but without prejudice to the right of the Court to refer the matter to the Superior Number of the Royal Court.

ARTICLE 10

EFFECT OF DECISION OF COURT ON AN APPEAL

Where, on an appeal under paragraph (4) of Article 9 of this Law, a court varies or reverses any decision of the Committee, it shall be the duty of the Committee to give effect to the order of the court.

ARTICLE 11

CONTINUATION OF REGISTRATION ON CANCELLATION OR DEATH

(1) Where, under the provisions of Article 8 of this Law, the registration of a mental nursing home is cancelled at a time when any patient is liable to be detained in the mental nursing home under any of the provisions of this Law, the registration shall, notwithstanding the cancellation, continue in force until the expiration of the period of two months beginning with the date of the cancellation, or until such patient has ceased to be so liable, whichever first occurs.

(2) If the person registered in respect of a mental nursing home, not being one of two or more persons so registered, dies at any time when any patient is liable to be detained in the mental nursing home as aforesaid, the registration shall continue in force for the benefit of the legal personal representative of the deceased until the expiration of the period of two months beginning with the death, or until every such patient has ceased to be so liable, or until a person other than the deceased has been registered in respect of the mental nursing home, whichever first occurs and, for the purposes of this Law, any person for whose benefit the registration continues in force under this paragraph shall be deemed to be registered in respect of the mental nursing home.

PART III

COMPULSORY ADMISSION TO HOSPITAL AND GUARDIANSHIP

Application

ARTICLE 12

APPLICATION OF PART III OF THIS LAW

Except where otherwise expressly provided, this Part of this Law shall apply in relation to a mental nursing home to which persons liable to be detained under this Part of this Law are admitted as it applies to a hospital, and reference in this Part of this Law to a hospital, and any reference in this Law to a hospital to which this Part of this Law applies, shall be construed accordingly.

Procedure for hospital admission

ARTICLE 13

ADMISSION FOR OBSERVATION

(1) A patient may be admitted to a hospital and there detained for the period allowed by this Article in pursuance of an application (in this Law referred to as an “application for admission for observation”) made in accordance with the following provisions of this Article.

(2) An application for admission for observation may be made in respect of a patient on the grounds –

(a) that he is suffering from mental disorder or, as the case may be, from addiction of a nature or degree which warrants his detention in hospital under observation (with or without other medical treatment) for at least a limited period ; and

(b) that 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 observation shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the registered medical practitioner the grounds set out in sub-paragraphs (a) and (b) of paragraph (2) of this Article apply.

(4) Subject to the provisions of Article 39 of this Law (in a case where an application is made under that Article for transferring the functions of the nearest relative of the patient), a patient admitted to hospital in pursuance of an application for admission for observation 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 thereafter unless, before the expiration of that period, he has become liable to be detained by virtue of a subsequent application or authority under any other provision of this Law or of any other enactment.

ARTICLE 14

ADMISSION FOR TREATMENT

(1) A patient may be admitted to a hospital, and there detained for a period allowed by the provisions of this Law, in pursuance of an application, (in this Law referred to as an “application for admission for treatment”) made in accordance with the following provisions of this Article.

(2) An application for admission for treatment may be made in respect of a patient on the grounds –

(a) that he is suffering from mental disorder or, as the case may be, from addiction, and that the said disorder or addiction is of a nature or degree which warrants the detention of the patient in hospital for medical treatment under this Article ; and

(b) that it is necessary in the interests of the health or safety of the patient, or for the protection of other persons that the patient should be so detained.

An application for admission for treatment shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the registered medical practitioner the grounds set out in sub-paragraphs (a) and (b) of paragraph (2) of this Article apply, and each such recommendation shall include –

(a) such particulars as may be prescribed of the reasons for that opinion so far as it relates to the grounds set out in the said sub-paragraph (a) ; and

(b) a statement of the reasons for that opinion so far as it relates to the grounds set out in the said sub-paragraph (b), specifying whether other methods for dealing with the patient are available, and if so why such other methods are not appropriate.

ARTICLE 15

GENERAL PROVISIONS AS TO APPLICATIONS

(1) Subject to the provisions of this Article, an application for the admission of a patient for observation or for treatment may be made –

(a) by his curator where the patient is an interdict ; or

(b) by his nearest relative ; or

(d) by an officer ;

and every such application shall be delivered to a member of the Committee and shall specify the qualifications of the applicant, as set out in this paragraph, to make the application.

(2) An application for admission of a patient shall not be made by a Constable or an officer if the nearest relative of the patient has notified the Constable or the Committee, as the case may be, that he objects to the application being made, and, without prejudice to the foregoing provisions of this paragraph, shall not be made by a Constable or an officer except after consultation with the person (if any) appearing to be the nearest relative of the patient unless it appears to the Constable or the officer, as the case may be, that such consultation is not reasonably practicable or would involve unreasonable delay.

(3) No application for the admission of a patient shall be made by any person unless that person has personally seen the patient within the period of fourteen days ending with the date of the application.

(4) An application for the admission of a patient shall be sufficient if the recommendations on which it is founded are given either as separate recommendations, each signed by a registered medical practitioner, or as a joint recommendation signed by two registered medical practitioners.

ARTICLE 16

GENERAL PROVISIONS AS TO MEDICAL RECOMMENDATIONS

(1) The recommendations required for the purposes of an application for the admission of a patient under this Part of this Law (in this Law referred to as “medical recommendations”) shall be signed on or before the date of the application, and shall be given by registered medical practitioners who have personally examined the patient either together or at an interval of not more than seven days.

(2) Of the medical recommendations given for the purposes of this Part of this Law, one shall be given, wherever practicable, by a registered medical practitioner having special experience in the diagnosis or treatment of mental disorder or, as the case may be, in the treatment of addiction and, unless that registered medical practitioner has previous acquaintance with the patient, the other such recommendation shall be given, wherever practicable, by a registered medical practitioner who has such previous acquaintance.

(3) Where an application is for the admission of a patient to a hospital not being a mental nursing home, the medical recommendations may be given by registered medical practitioners on the staff of the hospital and, in such a case, the provisions of paragraph (4) of this Article shall not apply.

(4) Except as provided by paragraph (3) of this Article, a medical recommendation for the purposes of an application for the admission of a patient under this Part of this Law shall not be given by any of the following persons, that is to say –

(a) the applicant ; or

(b) a partner of the applicant or of a registered medical practitioner by whom another medical recommendation is given for the purposes of the same application ; or

(d) a person who receives, or has an interest in the receipt of, any payments made on account of the maintenance of the patient ;

or by the husband, wife, father, father-in-law, mother, mother-in-law, son, son-in-law, daughter, daughter-in-law, brother, brother-in-law, sister or sister-in-law of the patient, or of any such person as aforesaid, or of a registered medical practitioner by whom another medical recommendation is given for the purposes of the same application.

ARTICLE 17

ADMISSION FOR OBSERVATION IN CASE OF EMERGENCY

In any case where a patient who is homicidal, suicidal or dangerously violent is brought to a hospital, and in the opinion of the responsible medical officer the behaviour of the patient is due to mental disorder or to addiction and that to allow the patient to remain at liberty would endanger his own safety or the safety of other persons, the responsible medical officer may detain the patient under observation for a period not exceeding seventy-two hours from the time when the patient is brought to the hospital, pending the making of an application for the admission of the patient to hospital in accordance with the provisions of this Part of this Law.

ARTICLE 18

APPLICATIONS IN RESPECT OF PATIENTS ALREADY IN HOSPITAL

An application for the admission of a patient to a hospital may be made under the provisions of this Part of this Law –

(a) in any case, notwithstanding that the patient is already an in-patient in a hospital, not being liable to be detained in pursuance of an application under this Part of this Law ;

(b) in the case of an application for admission for treatment, notwithstanding that the patient is for the time being liable to be detained in the hospital in pursuance of an application for observation ;

and where an application is so made the patient shall be treated for the purposes of this Part of this Law as if he had been admitted to the hospital at the time when the application was received by a member of the Committee.

ARTICLE 19

EFFECT OF APPLICATION FOR ADMISSION

(1) An application for the admission of a patient to hospital under this Part of this Law shall be of no effect unless a member of the Committee, having satisfied himself that the application and the medical recommendations comply with the requirements thereof, has approved it and has designated the hospital to which the patient is to be admitted.

(2) An application for the admission of a patient to hospital under this Part of this Law shall be sufficient authority for the applicant, or any person authorized by the applicant, to take the patient and convey him to the hospital designated as aforesaid at any time within the period of seven days beginning with the day on which the application was approved under the provisions of paragraph (1) of this Article.

(3) Where a patient is admitted within the said period to the hospital designated as aforesaid, or, being within a hospital, is treated by virtue of the provisions of Article 18 of this Law as if he had been so admitted, the application under the provisions of paragraph (1) of this Article shall be sufficient authority for the patient to be detained in the hospital in accordance with the provisions of this Law.

(4) Any application for the admission of a patient to hospital under this Part of this Law which appears to be duly made and to be founded on the necessary medical recommendations may be acted on without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given, or of any matter of fact or opinion stated therein.

(5) A patient who is admitted to a hospital in pursuance of an application for admission for treatment may apply to the Tribunal within the period of six months beginning with the day on which he is so admitted, or with the day on which he attains the age of sixteen years, whichever is the later.

(6) Where a patient is admitted to a hospital in pursuance of an application for admission for treatment, any previous application under this Part of this Law by virtue of which he was liable to be detained in a hospital or subject to guardianship shall cease to have effect.

ARTICLE 20

RECTIFICATION OF APPLICATION AND RECOMMENDATIONS

(1) Where, at any time after a patient has been admitted to hospital in pursuance of an application for admission under this Part of this Law, the application or any medical recommendation given for the purposes of the application is found to be in any respect incorrect or defective, the application or recommendation may, with the consent of the member of the Committee by whom the application was approved or of the Committee, be amended by the person by whom the application or recommendation, as the case may be, was signed and, on such amendment being made, the application or recommendation shall have effect and shall be deemed to have had effect as if it had originally been made as so amended.

(2) Without prejudice to the provisions of paragraph (1) of this Article, if at any time after a patient has been admitted to hospital as aforesaid it appears to the Committee that either of the medical recommendations on which an application for the admission of the patient was founded is insufficient to warrant the detention of the patient in pursuance of the application, the Committee may give notice in writing to that effect to the applicant and, where any such notice is given in respect of a medical recommendation, that recommendation shall be disregarded, but the application shall be, and shall be deemed always to have been, sufficient if –

(a) a fresh medical recommendation complying with the relevant provisions of this Part of this Law, other than the provisions relating to the time of signature and the interval between examinations, is furnished to the Committee within the fourteen days next following the day on which notice of the insufficiency was given by the Committee ;

(b) that recommendation, and the other recommendation on which the application is founded, together comply with those provisions.

(3) Where the medical recommendations on which an application for admission is founded are, taken together, insufficient to warrant the detention of the patient in pursuance of the application, a notice under paragraph (2) of this Article may be given in respect of either of those recommendations.

Procedure for reception into guardianship

ARTICLE 21

APPLICATION FOR GUARDIANSHIP

(1) A patient may be received into guardianship, for the period allowed by the following provisions of this Law, in pursuance of an application (in this Law referred to as a “guardianship application”) made in accordance with the following provisions of this Article.

(2) A guardianship application may be made in respect of a patient on the grounds that –

(a) he is suffering from mental disorder or addiction and that the said disorder or addiction is of a nature or degree which warrants the reception of the patient into guardianship under this Law ; and

(b) it is necessary in his interests or for the protection of other persons that he should be so received.

(3) The person named as guardian in a guardianship application may be either the Committee or any other person (including the applicant himself), but a guardianship application in which a person other than the Committee is named as guardian shall be of no effect unless the person so named is accepted by the Committee.

(4) Every such application shall be delivered to the Committee and, except where the person so named is the Committee, shall be accompanied by a statement in writing by the person so named that he is willing to act as guardian.

(5) A guardianship application shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the registered medical practitioner the grounds set out in sub-paragraph (a) or (b) of paragraph (2) of this Article apply, and each such recommendation shall include –

(a) such particulars as may be prescribed of the reasons for that opinion so far as it relates to such grounds ;

(b) a statement of the reasons for that opinion.

(6) The provisions of Articles 15 and 16 of this Law shall apply in relation to a guardianship as they apply in relation to an application for admission for treatment, but subject to the insertion after sub-paragraph (d) of paragraph (4) of the said Article 16 of the following sub-paragraph –

“(e) the person named as guardian in the application ;”.

ARTICLE 22

PROVISIONS AS TO PERSONS REQUIRING SPECIAL CARE

(1) Where it appears to a registered medical practitioner who has examined a person that steps should be taken, in the interests of that person or for the protection of other persons, to ascertain whether he is a person requiring special care, it shall be the duty of the registered medical practitioner forthwith to notify the Committee.

(2) A notification under the provisions of paragraph (1) of this Article shall include the following particulars, that is to say –

(a) the name, age and sex of the person in respect of whom notification is given ;

(b) the address of the premises where the person is ;

(3) Where notification is given under the provisions of the said paragraph (1) in respect of a person, the Committee shall, where the notification relates to a child, inform the parent of the child and, where the notification relates to a person other than a child, inform that person and his nearest relative, of the notification, and the Committee, where the notification relates –

(a) to a child, may ;

(b) to a person other than a child, shall ;

cause that person to be examined by two registered medical practitioners with a view to the making of the necessary medical recommendations for the admission into guardianship of that person.

(4) Where, in pursuance of paragraph (3) of this Article, the necessary medical recommendations are made in respect of a patient, the Committee shall notify the nearest relative of the patient of the making of the recommendations and, in such a case, it shall be the duty of the nearest relative of the patient, within the fourteen days next following the day on which he was so notified, to make a guardianship application in respect of the patient on the grounds set out in sub-paragraph (b) of paragraph (2) of Article 21 of this Law, and, if he fails to do so within the said period of fourteen days, the nearest relative of the patient shall be guilty of an offence and shall be liable to a fine not exceeding ten pounds.

(5) In any case where –

(a) a patient has no known nearest relative, or where it is not reasonably practicable or would involve unreasonable delay for information and notification as aforesaid to be given to the nearest relative of a patient, the Committee shall give such information and such notification to the Constable of the parish in which the patient resides or to an officer, as the Committee may think fit ; or

(b) the nearest relative of a patient fails to make a guardianship application in respect of the patient in accordance with the provisions of paragraph (4) of this Article, the Committee shall, after the expiration of the said period of fourteen days, notify the Constable or an officer as aforesaid of the default ;

and, where notification is given under the provisions of this paragraph –

(i) it shall be the duty of the Constable or the officer, as the case may be, to make a guardianship application in respect of the patient ;

(ii) the provisions of paragraph (2) of Article 15 of this Law shall not apply in respect of the making of the guardianship application.

ARTICLE 23

EFFECT OF GUARDIANSHIP APPLICATION ETC

(1) A guardianship application under this Part of this Law shall be of no effect unless it is delivered to the Committee within fourteen days beginning with the day on which the patient was last examined by a registered medical practitioner with a view to the making of a medical recommendation in connexion with the application, and unless the Committee, having satisfied itself that the application and the medical recommendations comply with the requirements of this Part of this Law, has approved the application, and an application so approved shall be sufficient authority for the taking into the guardianship of the person named as guardian in the application of the patient to whom the application relates, and a guardianship application so approved shall, subject to the provisions of any order made under Article 59 of this Law, confer on the Committee or the person so named, to the exclusion of any other person, all such powers as would be exercisable by it or him in relation to the patient if it or he were the father of the patient and the patient were a child, and, in a case where the Committee is named as guardian, the Committee may, if in its opinion the circumstances warrant the taking of such a course, require that the patient –

(a) shall reside –

(i) in a hospital or other institution administered by the Committee ; or

(ii) with such person as the Committee may think fit ;

(b) shall attend at such training centre as may be specified by the Committee, at such times or for such periods as may be so specified.

(2) Where a guardianship application is made in respect of a person under the provisions of Article 22 of this Law, the limitation on the time for the delivery of such an application specified in paragraph (1) of this Article shall not apply.

(3) A guardianship application which appears to be duly made and to be founded on the necessary medical recommendations may be acted on without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given, or of any matter of fact or opinion stated therein.

(4) Where, at any time after a guardianship application has been approved by the Committee, the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, with the consent of the Committee, be amended by the person by whom it was signed and, on such amendment being made, the application or recommendation shall have effect and shall be deemed to have had effect as if it had originally been made as so amended.

(5) A patient who is received into guardianship in pursuance of a guardianship application may apply to the Tribunal within the period of six months beginning with the day on which the application was approved, or with the day on which the patient attains the age of sixteen years, whichever is the later.

(6) Where a patient is received into guardianship in pursuance of a guardianship application, any previous application under this Part of this Law by virtue of which he was subject to guardianship or liable to be detained in a hospital shall cease to have effect.

Care and treatment of patients

ARTICLE 24

APPOINTMENT OF MEDICAL ATTENDANT

The Committee shall, in the case of every patient subject to the guardianship of a person other than the Committee, appoint a registered medical practitioner to act as the nominated medical attendant (hereinafter referred to as “the nominated medical attendant”) of the patient.

ARTICLE 25

CORRESPONDENCE OF PATIENTS

(1) Any postal packet addressed to a patient detained in a hospital under this Part of this Law may be withheld from the patient if, in the opinion of the responsible medical officer, the receipt of the packet would be calculated to interfere with the treatment of the patient or to cause him unnecessary distress, and any packet so withheld shall, if the name and address of the sender are sufficiently identified therein, be returned to him.

(2) Subject to the provisions of this Article, any postal packet addressed by a patient so detained and delivered by him for dispatch may be withheld from the Post Office –

(a) if the addressee has given notice in writing to the Committee or to the responsible medical officer requesting that communications addressed to him by the patient should be withheld ; or

(b) if it appears to the responsible medical officer that the packet would be unreasonably offensive to the addressee, or is defamatory of other persons (other than persons on the staff of the hospital) or would be likely to prejudice the interests of the patient :

Provided that this paragraph shall not apply to any postal packet addressed as follows, that is to say –

(a) to the Committee or any member thereof ;

(b) to the Bailiff ;

(d) to any member of the States ;

(e) to any person having power to discharge the patient under this Part of this Law ;

(f) at any time when the patient is entitled to make application to the Tribunal ;

and the Committee may by order except from the provisions of this paragraph, subject to such conditions or limitations (if any) as may be prescribed, postal packets addressed to such other classes of persons as may be so prescribed.

(3) Nothing in sub-paragraph (b) of paragraph (2) of this Article shall be construed as authorizing a responsible medical officer to open or examine the contents of any postal packet unless he is of opinion that the patient is suffering from mental disorder of a kind calculated or that his addiction is likely to lead him to send such communications as are referred to in that sub-paragraph.

(4) Except as provided by this Article, it shall not be lawful to prevent or impede the delivery to a patient detained as aforesaid of any postal packet addressed to him and delivered by the Post Office, or the delivery to the Post Office of any postal packet addressed by such a patient and delivered by him for dispatch.

(5) This Article shall apply in relation to a patient who is subject to guardianship under this Part of this Law as it applies in relation to a patient who is detained in a hospital thereunder, and as if –

(a) for the reference to the Committee in sub-paragraph (a) of paragraph (2) thereof, except in a case where the Committee has been named as guardian, there were substituted a reference to the guardian ; and

(b) for any reference to the responsible medical officer there were substituted a reference to the guardian or any person authorized by the guardian to act for the purposes of this paragraph.

(6) In this Article “postal packet” has the same meaning as in the Post Office Act, 1953 (of the United Kingdom).

ARTICLE 26

VISITING AND EXAMINATION OF PATIENTS

(1) For the purpose of advising whether an application to the Tribunal should be made by or in respect of a patient who is liable to be detained or who is subject to guardianship under this Part of this Law, or of furnishing information as to the condition of a patient for the purposes of such an application, or of advising as to the exercise by the nearest relative of any such patient of any power to order his discharge, any registered medical practitioner authorized by or on behalf of the patient or other person who is entitled to make or has made the application, or by the nearest relative of the patient, as the case may be, may at any reasonable time visit the patient and examine him in private.

(2) Where application is made to the Committee to exercise, in respect of a patient who is liable to be detained in a mental nursing home any power to make an order for his discharge any registered medical practitioner authorized by the Committee may –

(a) visit the patient at any reasonable time and examine him in private ;

(b) require the production of, and may inspect –

(i) any documents constituting, or alleged to constitute, the authority for the detention of the patient under the provisions of this Part of this Law ;

(ii) any medical records relating to the treatment of the patient in the mental nursing home.

ARTICLE 27

LEAVE OF ABSENCE FROM HOSPITAL

(1) The responsible medical officer may grant to any patient who is for the time being liable to be detained in a hospital under this Part of this Law leave to be absent from the hospital subject to such conditions (if any) as the responsible medical officer considers necessary in the interests of the patient or for the protection of other persons.

(2) Leave of absence may be granted to a patient under this Article on specified occasions or for any specified period, and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the patient.

(3) Where it appears to the responsible medical officer that it is necessary so to do in the interests of the patient or for the protection of other persons, he may, on granting leave of absence under this Article, direct that the patient shall remain in custody during his absence and, where leave of absence is so granted, the patient may be kept in the custody of any member of the staff of the hospital, or of any other person authorized in that behalf in writing by the responsible medical officer.

(4) In any case where a patient is absent from a hospital in pursuance of leave of absence granted under this Article, and it appears to the responsible medical officer that it is necessary so to do in the interests of the patient’s health or safety or for the protection of other persons, the responsible medical officer may, subject to the provisions of paragraph (5) of this Article, by notice in writing given to the patient or to the person for the time being in charge of the patient, revoke the leave of absence and recall the patient to the hospital.

(5) A patient to whom leave of absence is granted under this Article shall not be recalled under the provisions of paragraph (4) thereof after he has ceased to be liable to be detained under this Part of this Law and, without prejudice to any other provision of this Part of this Law, and such patient shall cease to be so liable at the expiration of the period of six months beginning with the first day of his absence on leave unless either –

(a) he has returned to hospital, or has been transferred to another hospital under the following provisions of this Law, before the expiration of that period ; or

(b) he is absent without leave at the expiration of that period.

ARTICLE 28

RETURN AND RE-ADMISSION OF PATIENTS ABSENT WITHOUT LEAVE

(1) Where a patient who is for the time being liable to be detained under this Part of this Law in a hospital –

(a) absents himself from the hospital without leave granted under the provisions of Article 27 thereof ; or

(b) fails to return to the hospital on any occasion on which, or at the expiration of any period for which, leave of absence was granted to him under that Article, or on being recalled thereunder ; or

(c) absents himself without permission from any place where he is required to reside in accordance with conditions imposed on the grant of leave of absence under that Article ;

he may, subject to the provisions of this Article, be taken into custody and returned to the hospital or place by any officer, by any police officer or by any member of the staff of the hospital.

(2) Where a patient who is for the time being subject to guardianship under this Part of this Law absents himself without the leave of the guardian from the place at which he is required by the guardian to reside, he may, subject to the provisions of this Article, be taken into custody and returned to that place by the guardian, any police officer, any person authorized in that behalf in writing by the guardian, or by any officer.

(3) A patient shall not be taken into custody under the provisions of this Article after the expiration of the period of six months beginning with the first day of his absence without leave, and a patient who has not returned or been taken into custody under the provisions of this Article within the said period shall cease to be liable to be detained or subject to guardianship, as the case may be, at the expiration of that period.

ARTICLE 29

PROVISIONS AS TO TRANSFER OF PATIENTS

(1) The Committee may arrange for the transfer from one hospital to another of a patient who is liable to be detained in hospital by virtue of an application for admission.

(2) Where a patient is transferred from one hospital to another by virtue of paragraph (1) of this Article, the provisions of this Part of this Law shall apply to him as if –

(a) the application for admission by virtue of which he was liable to be detained in hospital were an application for admission to the hospital to which he is transferred ; and

(b) he had been admitted to that hospital at the time when he was originally admitted in pursuance of the application.

(3) The Committee may arrange for the transfer –

(a) of a patient who is subject to guardianship under the provisions of this Part of this Law, from the guardianship of any person into the guardianship of any other person, or to a hospital ;

(b) of a patient who is liable to be detained in hospital by virtue of an application for admission, into the guardianship of any person.

(4) Where a patient is transferred into the guardianship of another person by virtue of sub-paragraph (a) of paragraph (3) of this Article, the provisions of this Part of this Law shall apply as if the guardianship application by virtue of which he is subject to guardianship under this Part of this Law were a guardianship application for his reception into the guardianship of that person and had been accepted at the time when it was originally accepted.

(5) Where a patient is transferred to a hospital by virtue of sub-paragraph (a) of paragraph (3) of this Article, the provisions of this Part of this Law shall apply as if –

(a) the guardianship application by virtue of which he was subject to guardianship under this Part of this Law, were an application for admission to that hospital ; and

(b) he had been admitted to that hospital at the time when the guardianship application was originally accepted.

(6) Where a patient is transferred into the guardianship of any person by virtue of sub-paragraph (b) of paragraph (3) of this Article, the provisions of this Part of this Law shall apply as if the application for admission by virtue of which he was liable to be detained in hospital were a guardianship application duly accepted at the time when he was admitted to hospital in pursuance of the application.

(7) A patient who, having attained the age of sixteen years, is transferred from guardianship to a hospital by virtue of sub-paragraph (a) of paragraph (3) of this Article may apply to the Tribunal within the period of six months beginning with the day on which he is so transferred.

ARTICLE 30

TRANSFER OF GUARDIANSHIP IN CASE OF DEATH, INCAPACITY ETC. OF GUARDIAN

(1) If any person (other than the Committee) having the guardianship of a patient received into guardianship under this Part of this Law –

(a) dies ; or

(b) gives notice in writing to the Committee that he desires to relinquish the functions of guardian ;

the guardianship of the patient shall thereupon vest in the Committee, but without prejudice to any power to transfer the patient into the guardianship of another person in pursuance of the provisions of Article 29 of this Law.

(2) If any person, not having given notice under the provisions of sub-paragraph (b) of paragraph (1) of this Article, is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the Committee or by any other person approved for the purpose by the Committee.

(3) Where it appears to the Committee that any person having the guardianship of a patient received into guardianship under the provisions of this Part of this Law has performed his functions negligently or in a manner contrary to the interest of the patient, the Committee may transfer the guardianship of the patient to itself or to any other person approved by the Committee for the purpose.

(4) Where the guardianship of a patient is transferred to the Committee or other person by or under this Article, the provisions of paragraph (4) of Article 29 of this Law shall apply as if the patient had been transferred into the guardianship of the Committee or that other person in pursuance of that Article.

Duration of authority for detention or guardianship and discharge of patients

ARTICLE 31

DURATION OF AUTHORITY

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

(2) Authority for the detention or guardianship of a patient may, unless the patient has previously been discharged, be renewed under this Article –

(a) from the expiration of the period referred to in paragraph (1) of this Article, for a further period of one year ;

(b) from the expiration of any period of renewal under sub-paragraph (a) of this paragraph, for a further period of two years ;

and so on for periods of two years 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 would cease under the provisions of this Article to be so liable in default of the renewal of the authority for his detention, it shall be the duty of the responsible medical officer to examine the patient, and if it appears to him that it is necessary in the interests of the patient’s health or safety or for the protection of other persons that the patient should continue to be liable to be detained, he shall furnish to the Committee a report to that effect in the prescribed form.

(4) Within the period of two months ending on the day on which a patient who is subject to guardianship under the provisions of this Part of this Law would cease under this Article to be so liable in default of the renewal of the authority for his guardianship, it shall be the duty –

(a) where the patient is subject to the guardianship of the Committee, of the responsible medical officer ;

(b) in any other case, of the nominated medical attendant of the patient ;

to examine the patient, and, if it appears to him that it is necessary in the interests of the patient or for the protection of other persons that the patient should remain under guardianship, he shall furnish to the guardian and, where the guardian is a person other than the Committee, to the Committee also a report to that effect in the prescribed form.

(5) Where a report is duly furnished under the provisions of paragraph (3) or (4) of this Article, the authority for the detention or guardianship of the patient shall be thereby renewed for the period prescribed in that case by paragraph (2) of this Article.

(6) Where a report under this Article is furnished in respect of a patient who has attained the age of sixteen years, the Committee shall, unless it discharges the patient, cause him and his nearest relative to be informed of the action proposed to be taken, and the patient or his nearest relative may, within the period for which the authority for his detention or guardianship is renewed by virtue of the report, apply to the Tribunal.

ARTICLE 32

SPECIAL PROVISIONS AS TO PATIENTS ABSENT WITHOUT LEAVE

(1) If on the day on which, apart from this Article, a patient would cease to be liable to be detained or subject to guardianship under this Part of this Law or, within the period of one week ending with that day, the patient is absent without leave, he shall not cease to be so liable or so subject –

(a) in any case, until the expiration of the period during which he can be taken into custody under the provisions of Article 28 of this Law, or the day on which he is returned or returns himself to the hospital or place where he ought to be, whichever is the earlier ; and

(b) if he is returned or returns himself as aforesaid within the period first mentioned in sub-paragraph (a) of this paragraph, until the expiration of the period of one week beginning with the day on which he is returned or returns as aforesaid.

(2) Where the period for which a patient is liable to be detained or subject to guardianship is extended by virtue of the provisions of this Article, the examination and report to be made and furnished under the provisions of paragraph (3) or (4) of Article 31 of this Law may be made and furnished within that period as so extended.

(3) Where the authority for the detention or guardianship of a patient is renewed by virtue of the provisions of this Article after the day on which, apart from this Article, that authority would have expired under the provisions of Article 31 of this Law, the renewal shall take effect as from that day.

ARTICLE 33

SPECIAL PROVISIONS AS TO PATIENTS SENTENCED TO IMPRISONMENT ETC

(1) Where a patient who is liable to be detained by virtue of an application for admission for treatment, or is subject to guardianship by virtue of a guardianship application is detained in custody in pursuance of any sentence or order passed or made by a court in the Island (including an order remanding him in custody), and is so detained for a period exceeding, or for successive periods exceeding in the aggregate, six months, the application shall cease to have effect at the expiration of that period.

(2) Where any such patient is detained in custody as aforesaid but the application does not cease to have effect under the provisions of paragraph (1) of this Article, then –

(a) if apart from this paragraph the patient would have ceased to be liable to be detained or subject to guardianship as aforesaid on or before the day on which he is discharged from custody, he shall not cease and shall be deemed not to have ceased to be so liable or so subject until the end of that day ;

(b) in any case, Articles 28 and 32 of this Law shall apply in relation to the patient on his discharge from custody as if he had absented himself without leave on the day on which he is so discharged.

ARTICLE 34

DISCHARGE OF PATIENTS

(1) Subject to the provisions of this Article and of Article 35 of this Law, a patient who is for the time being liable to be detained or subject to guardianship under this Part of this Law shall cease to be so liable or so subject if an order discharging him from detention or guardianship (in this Law referred to as an “order for discharge”) is made in respect of him by the responsible medical officer, by the Committee or by his nearest relative.

(2) A responsible medical officer shall make an order for discharge where he is satisfied –

(a) that the patient is no longer suffering from mental disorder or from addiction ; or

(b) that, having regard to the care or supervision which would be available to the patient if he were discharged, it is not necessary in the interest of his health or safety, or for the protection of other persons, that he should continue to be liable to be detained or, as the case may be, subject to guardianship.

ARTICLE 35

RESTRICTIONS ON DISCHARGE BY NEAREST RELATIVE

(1) An order for the discharge of a patient who is liable to be detained in a hospital shall not be made by his nearest relative except after giving not less than seven days notice in writing to the responsible medical officer and if, within the seven days after such notice has been given, the responsible medical officer furnishes to the Committee a report certifying that in the opinion of that officer the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself, or that officer is not satisfied that the patient, if discharged, would receive proper care ; then –

(a) any order for the discharge of the patient made by that relative in pursuance of the notice shall be of no effect ; and

(b) a further order for the discharge of the patient shall not be made by that relative during the period of six months beginning with the date of the report.

(2) In any case where a report under paragraph (1) of this Article is furnished in respect of a patient, the Committee shall cause the nearest relative of the patient to be informed, and that relative may, within the period of twenty-eight days beginning with the day on which he is so informed, apply to the Tribunal in respect of the patient.

Functions of relatives of patients

ARTICLE 36

DEFINITION OF RELATIVE AND NEAREST RELATIVE

(1) In this Law “relative” means any of the following, that is to say –

(a) husband or wife ;

(b) son or daughter ;

(d) mother ;

(e) brother or sister ;

(f) grandparent ;

(g) grandchild ;

(h) uncle or aunt ;

(j) nephew or niece.

(2) In deducing relationships for the purposes of this Article an adopted person shall be treated as the child of the person or persons by whom he was adopted and not as the child of any other person, and, subject as aforesaid, any relationship of the half-blood shall be treated as a relationship of the whole blood, and an illegitimate person shall be treated as the legitimate child of his mother.

(3) In this Law, subject to the provisions of this Article and to the following provisions of this Part of this Law, the expression “nearest relative” means the person first described in paragraph (1) of this Article who is for the time being surviving, relatives of the whole blood being preferred to relatives of the same description of the half-blood and the elder or eldest of two or more relatives in any sub-paragraph of that paragraph being preferred to the other or others of those relatives, regardless of sex.

(4) Where the person who, under the provisions of paragraph (3) of this Article, would be the nearest relative of a patient –

(a) is not ordinarily resident in the Island ; or

(b) being the husband or wife of the patient, is permanently separated from the patient, either by agreement or under an order of a court, or has deserted or has been deserted by the patient for a period which has not come to an end ; or

the nearest relative of the patient shall be ascertained as if that person were dead.

(5) In this Article –

(a) “adopted” means adopted in pursuance of an adoption order made by a court of competent jurisdiction in the British Islands ;

(b) “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 :

Provided that a person shall not be treated by virtue of this definition as the nearest relative of a married patient unless the husband or wife of the patient is disregarded by virtue of the provisions of sub-paragraph (b) of paragraph (4) of this Article.

ARTICLE 37

INFANTS IN CARE

In any case where the rights and powers of a parent of a patient, being an infant, are vested in the Education Committee or other person by virtue of an order of a court, that Committee or person shall be deemed to be the nearest relative of the patient in preference to any person except the patient’s husband or wife (if any).

ARTICLE 38

NEAREST RELATIVE OF INFANT UNDER “TUTELLE” ETC

(1) Where a patient, being an infant, is –

(a) under “tutelle” and his guardian (“tuteur”) is a person other than his nearest relative under the provisions of Article 36 or 39 of this Law ; or

(b) by virtue of an order made by a court in the exercise of jurisdiction under the Law, whether customary or enacted, or in matrimonial proceedings, or by virtue of a separation agreement between his father and mother, in the custody of any such person ;

the guardian or the person having the custody of the patient shall, to the exclusion of any other person, be deemed to be his nearest relative.

(2) The provisions of paragraph (4) of Article 36 of this Law shall apply in relation to a person who is, or who is one of the persons, deemed to be the nearest relative of a patient by virtue of the provisions of this Article as it applies in relation to a person who would be the nearest relative under paragraph (3) of that Article.

(3) A patient shall be treated for the purposes of this Article as being in the custody of another person if he would be in that other person’s custody apart from the provisions of Article 23 of this Law.

ARTICLE 39

APPOINTMENT BY THE COURT OF ACTING NEAREST RELATIVE

(1) The Court, may, on application made in accordance with the provisions of this Article in respect of a patient, by order direct that the functions under this Part of this Law of the nearest relative of the patient shall, during the continuance in force of the order, be exercisable by the applicant, or by any other person specified in the application, being a person who, in the opinion of the Court, is a proper person to act as the patient’s nearest relative and is willing to do so.

(2) An order under this Article may be made on the application of –

(a) any relative of the patient ; or

(b) any other person with whom the patient is residing (or, if the patient is then an inpatient in a hospital, was last residing before he was admitted) ; or

but, in relation to an application made by an officer the provisions of paragraph (1) of this Article shall have effect as if for the words “the applicant” there were substituted the words “the Committee”.

(3) An application for an order under the provisions of this Article may be made on any of the following grounds, that is to say –

(a) that the patient has no nearest relative within the meaning of this Law, or that it is not reasonably practicable to ascertain whether he has such a relative, or who that relative is ; or

(b) that the nearest relative of the patient is incapable of acting as such by reason of mental disorder or other illness ; or

(c) that the nearest relative of the patient unreasonably objects to the making of an application for admission for treatment or a guardianship application in respect of the patient ; or

(d) that the nearest relative of the patient has exercised without due regard to the welfare of the patient or the interest of the public his power to discharge the patient from hospital or guardianship under this Part of this Law.

(4) If, immediately before the expiration of the period for which a patient is liable to be detained by virtue of an application for admission for observation an application under this Article, being an application made on the ground specified in sub-paragraph (c) or (d) of paragraph (3) of this Article, is pending in respect of the patient, that period shall be extended –

(a) in any case, until the application under this Article has been finally disposed of ;

(b) if an order is made in pursuance of the application under this Article, for a further period of seven days ;

and for the purposes of this paragraph an application under this Article shall be deemed to have been finally disposed of at the expiration of the time allowed for appealing from the decision of the Court or, if notice of appeal has been given within that time, when the appeal has been heard or withdrawn, and “pending” shall be construed accordingly.

(5) While an order made under this Article is in force, the provisions of this Part of this Law, other than the provisions of this Article and of Article 40 thereof, shall apply in relation to the patient as if for any reference to the nearest relative of the patient there were substituted a reference to the person having the functions of that relative and, without prejudice to the provisions of the said Article 40, shall so apply notwithstanding that the person who was the patient’s nearest relative when the order was made is no longer his nearest relative.

(6) Where an order is made under this Article in respect of a patient who is, or subsequently becomes, liable to be detained or subject to guardianship under this Part of this Law, the person by whom the functions of the nearest relative of the patient are exercisable by virtue of the order may make an application to the Tribunal in respect of the patient within the period of six months beginning with the date of the order, and, thereafter, at intervals of not less than twelve months during the time that the order continues in force :

Provided that where, during the period of six months immediately preceding the date of the order, the nearest relative has made an application to the Tribunal in respect of the patient, the first application under the provisions of this paragraph shall not be made until after the expiration of the period of twelve months beginning with the date of such previous application.

ARTICLE 40

DISCHARGE AND VARIATION OF ORDERS UNDER ARTICLE 39

(1) An order made under Article 39 of this Law in respect of a patient may be discharged by the Court upon application made –

(a) in any case, by the person having the functions of the nearest relative of the patient by virtue of the order ;

(b) where the order was made on the ground specified in sub-paragraph (a) or (b) of paragraph (3) of the said Article 39, or where the person who was the nearest relative of the patient when the order was made has ceased to be his nearest relative, on the application of the nearest relative of the patient.

(2) An order made under the said Article 39 in respect of a patient may be varied by the Court, on the application of the person having the functions of the nearest relative by virtue of the order or on the application of an officer, by substituting for the first-mentioned person the Committee or any other person who, in the opinion of the Court, is a proper person to exercise those functions, being a person who is willing to do so.

(3) If the person having the functions of the nearest relative of a patient by virtue of an order under the said Article 39 dies, the provisions of this Article shall apply as if for any reference to that person there were substituted a reference to any relative of the patient, and until the order is discharged or varied under those provisions, the functions of the nearest relative under this Part of this Law shall not be exercisable by any person.

(4) An order made under the said Article 39 shall, unless previously discharged under the provisions of paragraph (1) of this Article, cease to have effect –

(a) if the patient was on the date of the order liable to be detained in pursuance of an application for admission for treatment or subject to guardianship under this Part of this Law, or becomes so liable or so subject within the period of three months beginning with that date, when he ceases to be so liable or so subject, otherwise than on being transferred by virtue of the provisions of Article 29 of this Law ;

(b) if the patient was not on the date of the order, and has not within the said period become, so liable or so subject, at the expiration of that period.

(5) The discharge or variation under this Article of an order made under the provisions of the said Article 39 shall not affect the validity of anything previously done in pursuance of the order.

Supplemental

ARTICLE 41

DUTY OF OFFICER TO MAKE APPLICATION FOR ADMISSION OR GUARDIANSHIP

(1) It shall be the duty of an officer to make an application for admission to hospital or a guardianship application in respect of a patient in any case where –

(a) he is satisfied that such an application ought to be made ; and

(b) he is of the opinion, having regard to any wishes expressed by relatives of the patient or to any other relevant circumstances, that it is necessary or proper for the application to be made by him.

(2) Nothing in this Article shall be construed as authorizing or requiring an application to be made by an officer in contravention of the provisions of paragraph (2) of Article 15 of this Law, or as restricting the power of an officer to make any application under this Law.

PART IV

REMOVAL OF PATIENTS

ARTICLE 42

REMOVAL OF PATIENTS

Where it appears to the Committee, in the case of a patient who is not ordinary resident in the Island or who is an alien, that proper arrangements have been made for his removal to the country or territory in which he is ordinarily resident or, as the case may be, of which he is a national and for his care and treatment there, the Committee may authorize the removal of the patient from the Island, and may give such directions as it thinks fit for the conveyance of the patient to his destination in that country or territory, and for his detention on board any ship or aircraft bound for any specific port or place in that country or territory.

PART V

MISCELLANEOUS AND GENERAL

Offences

ARTICLE 43

FORGERY, FALSE STATEMENT ETC

(1) Any person who, with intent to deceive, forges any of the following documents, that is to say –

(a) any application under Part III of this Law ; or

(b) any medical recommendation or report under this Law ; or

or who uses, allows any other person to use or makes or has in his possession any such document which he knows to have been forged or any document so closely resembling any such document as to be calculated to deceive, shall be guilty of an offence.

(2) Any person who wilfully makes a false entry or statement in any application, recommendation, report, record or other document required or authorized to be made for any of the purposes of this Law or, with intent to deceive, makes use of any such entry or statement which he knows to be false, shall by guilty of an offence.

(3) Any person guilty of an offence under this Article shall be liable to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

ARTICLE 44

ILL-TREATMENT OF PATIENTS

(1) It shall be an offence for any person being a member of the staff of, otherwise employed in, a hospital or mental nursing home –

(a) to ill-treat or wilfully neglect a patient for the time being receiving treatment for mental disorder or, as the case may be, for addiction, as an in-patient in that hospital or home ; or

(b) to ill-treat or wilfully neglect, on the premises of which the hospital or home forms part, a patient for the time being receiving such treatment there as an out-patient.

(2) It shall be an offence for any individual to ill-treat or wilfully neglect a mentally disordered patient or a patient who is an addict who is for the time being subject to his guardianship under this Law or otherwise in his custody or care (whether by virtue of any legal or moral obligation or otherwise).

(3) Any person guilty of an offence under this Article shall be liable to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(4) No proceedings shall be instituted for an offence under this Article except by, or with the consent of, the Attorney General.

ARTICLE 45

PROTECTION OF FEMALE PATIENTS

(1) In this Article, the expression “woman to whom this Article applies” means any woman or girl who –

(a) is liable to be detained under the provisions of this Law ; or

(b) not being liable to be so detained, is –

(i) receiving treatment in or at a hospital or mental nursing home ; or

(ii) is a person requiring special care.

(2) Any person who –

(a) has unlawful sexual intercourse with a woman to whom this Article applies ;

(b) procures any woman to whom this Article applies to have unlawful sexual intercourse with men or with any particular man ; or

(d) being the owner or occupier of any premises, or having, or acting or assisting in, the management or control of any premises, induces or knowingly suffers any woman to whom this Article applies to resort to, or to be in or on, those premises for the purposes of having unlawful sexual intercourse with men or any particular man ; or

(e) with intent that any woman to whom this Article applies should have unlawful sexual intercourse with men or with any particular man, takes or causes that woman to be taken out of the possession of, and against the will of, her parent or guardian or other person having the lawful care or charge of her ;

shall, subject to the provisions of paragraph (3) of this Article, be guilty of an offence and shall be liable to imprisonment for a term not exceeding two years.

(3) A person shall not be guilty of an offence under paragraph (2) of this Article if he proves that he did not know and had no reason to suspect that the woman in respect of whom the offence is alleged was a woman to whom this Article applies.

(4) Where a man charged with an offence under this Article relies on the exception contained in paragraph (3) thereof, proof of the exception shall lie on him.

(5) In any proceedings for an offence under this Article, it shall not be a defence to prove that the woman in respect of whom the offence is alleged consented to the commission of the offence.

(6) Where a woman to whom this Article applies, not being liable to be detained under the provisions of this Law, is detained by any person, that woman, whether or not she consented to be so detained, shall be deemed for the purposes of Article 7 of the “Loi (1895) modifiant le droit criminel”4 to be a woman or girl unlawfully detained.

(7) Where, in proceedings against a person charged with rape, the Court is satisfied that the person charged is guilty of an offence under sub-paragraph (a) of paragraph (2) of this Article but is not satisfied that he is guilty of rape, the Court may acquit him of rape and find him guilty of an offence under that sub-paragraph and he shall be liable to be punished accordingly.

(8) No proceedings for an offence under this Article shall be instituted except by, or with the consent of, the Attorney General.

ARTICLE 46

ASSISTING PATIENTS TO ABSENT THEMSELVES WITHOUT LEAVE ETC

(1) Any person who induces or knowingly assists any other person being liable to be detained in a hospital or mental nursing home, or being subject to guardianship, under the provisions of this Law, to absent himself without leave shall be guilty of an offence.

(2) Any person who knowingly harbours a patient who is absent without leave or is otherwise at large and liable to be retaken under the provisions of this Law, or gives him any assistance with intent to prevent, hinder or interfere with his being taken into custody or returned to the hospital or other place where he ought to be, shall be guilty of an offence.

ARTICLE 47

OBSTRUCTION

(1) Any person who refuses to allow the inspection of any premises or without reasonable cause refuses to allow the visiting, interviewing or examination of any person by a person authorized in that behalf by or under this Law or to produce for the inspection of any person so authorized any document or record the production of which is duly required by him, or otherwise obstructs any such person in the exercise of his functions under this Law, shall be guilty of an offence.

(2) Without prejudice to the generality of paragraph (1) of this Article, any person who insists on being present when requested to withdraw by a person authorized as aforesaid to interview or examine a person in private, shall be guilty of an offence.

Miscellaneous provisions

ARTICLE 48

RELIGIOUS PERSUASION OF PATIENTS

In any arrangements which may be made for the detention of a patient or for his reception into guardianship under the provisions of this Law, regard shall be had to the religious persuasion to which the patient belongs or appears to belong.

ARTICLE 49

PROVISION OF POCKET MONEY FOR IN-PATIENTS IN HOSPITAL

The Committee may pay to patients (whether liable to be detained or not) who are receiving treatment in hospitals wholly or mainly used for the treatment of persons suffering from mental disorder or addiction such amounts as it thinks fit in respect of their occasional personal expenses where it appears to it that they would otherwise be without resources to meet those expenses.

ARTICLE 50

MODIFICATION OF “CURATELLE” PROCEDURE, AND PROVISIONS AS TO THE MANAGEMENT AND ADMINISTRATION OF THE PROPERTY AND AFFAIRS OF PATIENTS

(1) The grounds on which a curator may be appointed under this Article to manage and administer the property and affairs of a person are the same grounds as those on which, before the coming into force of this Law, a person might be placed under interdiction in respect of his person and property or in respect of his property alone.

As from the date of the coming into force of this Law, the law, whether customary or enacted, relating to “curatelles” shall cease to have effect, except in so far as expressly provided by this Law.

(3) Where a person is or has been admitted to a hospital or a mental nursing home, or received into guardianship, under the provisions of Part III of this Law, and no person has been, or is deemed to have been, appointed under the provisions of this Law to manage and administer the property and affairs of that person, it shall be the duty of the Committee to report that fact to the Attorney General.

(4) Where a person has been admitted to a hospital or a mental nursing home under the provisions of Article 4 of this Law and the responsible medical officer or the registered medical practitioner in charge of his treatment, as the case may be, is of the opinion that that person is incapable, by reason of mental disorder or, as the case may be, of addiction, of managing and administering his property and affairs, and no person has been, or is deemed to have been, appointed under the provisions of this Law to manage the property and affairs of the person so admitted, it shall be the duty of the said responsible medical officer or the said registered medical practitioner, as the case may be, to report that opinion to the Committee, and the Committee shall thereupon forward any such report to the Attorney General.

(5) Where the Attorney General –

(a) receives a report, under the provisions of paragraph (3) or (4) of this Article, in respect of any person ; or

(b) has reason to believe that any person is incapable of managing and administering his property and affairs ;

he shall apply to the Court for the appointment of a curator to manage and administer the property and affairs of that person.

(6) Where an application is made to the Court under the provisions of paragraph (5) of this Article, the Court shall fix a day for the hearing of the application and, for the purpose of assisting the Court in deciding on the application, the Attorney General may summon, and the Court itself may direct that there shall be summoned, before the Court such persons as the Attorney General or the Court, as the case may be, consider best fitted to assist the Court and, at the hearing, the Court may direct that any person so summoned shall be heard on oath, and the powers of the Court under this Article may be exercised notwithstanding that the person to whom the application relates is not present or represented at the hearing :

Provided that, where an application is made as aforesaid by reason of a report made to the Attorney General under the provisions of paragraph (3) of this Article, the Court may accept the report as sufficient evidence of the need to appoint a curator and, in such a case, the Court shall not be required to fix a day for the hearing of the application.

(7) The Court, after considering an application under paragraph (6) of this Article and after hearing such persons (if any) as may have been summoned in pursuance thereof, shall, if it is satisfied of the need so to do, appoint a curator who, before entering on his functions under this Article, shall take oath in the form set out in the Second Schedule to this Law.

(8) A curator shall cease to hold office on the death of the inderdict, and the management and administration of the property and affairs of the interdict shall thereupon devolve on the legal personal representative of the interdict.

(9) Where an interdict –

(a) being a patient admitted to a hospital or a mental nursing home under the provisions of Article 4 of this Law, discharges himself therefrom ; or

(b) being a patient liable to be detained in a hospital or a mental nursing home, or subject to guardianship, under the provisions of Part III of this Law, ceases to be so liable or so subject ;

the Committee shall report the fact to the Attorney General who shall submit the report to the Court and, unless the Court shall otherwise order, the interdict shall be deemed to be reinstated and the curator shall thereupon cease to hold office.

(10) An interdict in respect of whom a curator is appointed in pursuance of sub-paragraph (b) of paragraph (5) of this Article may apply to the Court to be reinstated and, where the Court is satisfied that the grounds on which the curator was appointed no longer exist, the Court shall grant the application and the curator shall thereupon cease to hold office.

(11) A curator shall cease to hold office if, through the intermediary of the Attorney General, he delivers to the Court his resignation in writing and, in such a case, the Court, in accordance with the provisions of this Article, shall appoint some other person as curator.

(12) Where, on a representation by the Attorney General, by the nearest relative of the interdict or by any other person who, in the opinion of the Court, may properly make such a representation, the Court is satisfied that a curator –

(a) is guilty of misconduct; or

(b) has failed to carry out his duties under this Article; or

or where a curator has been made bankrupt, or has appointed an attorney without whom he may not act in matters real or personal, the Court may discharge the curator from office and, in such a case, the Court, in accordance with the provisions of this Article, shall appoint some other person as curator.

(13) Where, under the provisions of paragraph (11) or (12) of this Article, the Court appoints a curator, the Judicial Greffier shall notify the person in whose place the curator was so appointed of the appointment.

(14) For the purpose of any proceedings under the foregoing provisions of this Article, the Court shall sit in chambers.

(15) Subject to the provisions of paragraph (17) of this Article, a curator shall have power to do, or to secure the doing of, all such things in relation to the property and affairs of the interdict in respect of whom he is appointed as appear to the curator to be necessary or expedient –

(a) for the maintenance or other benefit of the interdict;

(b) for the maintenance or other benefit of the interdict’s family;

(c) for making provision for other persons for whom, or for other purposes for which, the interdict might be expected to provide;

(d) otherwise for the management and administration of the interdict’s property and affairs;

and, in the management and administration of the interdict’s property and affairs, the curator shall have regard to the interests of any creditors of the interdict and also to the desirability of making provision for any obligations of the interdict notwithstanding that such obligations may not be legally enforceable.

(16) Without prejudice to the generality of the provisions of paragraph (15) of this Article, a curator shall have power to do, or to secure the doing of, all such things as he may think fit for the purposes of that paragraph and, in particular, may arrange for or authorize –

(a) the carrying on by a suitable person of any profession, trade or business of the interdict;

(b) the dissolution of a partnership of which the interdict is a member;

(d) the reimbursement out of the property of the interdict, with or without interest, of money applied by any person –

(i) in payment of the interdict’s debts, whether legally enforceable or not;

(ii) for the maintenance or other benefit of the interdict;

(iii) for the maintenance or other benefit of the interdict’s family;

(iv) in making provision for other persons for whom, or for other purposes for which, the interdict might be expected to provide.

(17) Where it appears to a curator to be necessary or expedient for any of the purposes of paragraph (15) of this Article to arrange for or authorize –

(a) the sale, exchange, charging or other disposition of, or dealing with, any property of the interdict;

(b) the acquisition of any property in the name, or on behalf, of the interdict;

(c) the conduct of legal proceedings in the name, or on behalf, of the interdict including the presentation of a petition for divorce or nullity of marriage, for presumption of death and dissolution of marriage, or for judicial separation;

(d) the exercise of any power, including a power to consent, vested in the interdict, whether beneficially or as guardian or trustee or otherwise;

he shall apply to the Court for consent to his action setting out the grounds on which he considers such action to be necessary or expedient for any such purpose and the Court, except in a case where a power to be exercised under sub-paragraph (d) of this paragraph is a power of appointing trustees or retiring from a trust, shall appoint two Jurats to examine the application and the grounds on which it is founded and, if both the Jurats so appointed are satisfied that the proposed action of the curator is necessary or expedient as aforesaid, they shall deliver to the curator their consent in writing to the action to which the application relates, and, where both the Jurats so appointed are not satisfied, they shall submit to the Court a report in writing setting out their reasons for withholding their consent and the Court shall make such order in the matter as it thinks just:

Provided that where any property of the interdict consists of shares in a body corporate, the provisions of this paragraph shall not apply to the acquisition of new shares issued by way of rights or bonus to existing shareholders in the body corporate.

(18) Where an application to the Court under the provisions of paragraph (17) of this Article relates to the exercise of a power of appointing trustees or retiring from a trust, the Court shall consider the application and, where the Court gives consent to the application, the Court may make, in relation to the trust property, such vesting or other orders as the case may require.

(19) A curator to whom a consent is delivered under paragraph (17) of this Article shall, within the seven days next following the day on which the consent was delivered to him, deliver the same to the Judicial Greffier.

(20) It shall be the duty of a curator –

(a) to deliver to the Judicial Greffier –

(i) within the ninety days next following the day on which he took oath under the provisions of paragraph (7) of this Article, an inventory of all the property, real and personal, of the interdict;

(ii) within the thirty days next following the expiration of the period of twelve months next following the day on which he took oath as aforesaid, and of each successive period of twelve months thereafter, a copy of the accounts in connexion with the management and administration of the property and affairs of the interdict during that period of twelve months;

(b) within the thirty days next following the day on which he ceased to hold office by virtue of the provisions –

(i) of paragraph (8) of this Article, to deliver to the Judicial Greffier and to the legal personal representative of the interdict;

(ii) of paragraph (9) or (10) of this Article, to deliver to the Judicial Greffier and to the interdict;

(iii) of paragraph (11) or (12) of this Article, to deliver to the Judicial Greffier and to the person appointed as curator in his place;

a copy of the accounts in connexion with the management and administration of the property and affairs of the interdict for the period beginning with the day on which he took oath as aforesaid and ending with the day on which he so ceased to hold office;

and the inventory and every copy of accounts delivered in pursuance of this paragraph shall be verified by an affidavit sworn by the curator.

(21) It shall be the duty of a curator, forthwith after delivery of a copy of accounts under the provisions of sub-paragraph (b) of paragraph (20) of this Article –

(a) to deliver up all books, papers and other documents;

(b) to pay any moneys;

held by him in connexion with the management and administration of the property and affairs of the interdict, to the interdict, or to the legal personal representative of the interdict, or to the person appointed as curator in his place, as the case may require.

(22) A curator shall be entitled to receive remuneration, payable out of the estate of the interdict, in accordance with such scales as may be fixed by rules of court.

(23) If a curator fails to comply with any of the provisions of this Article he shall be liable to a fine not exceeding one hundred pounds and shall be liable also in respect of any damage suffered, by reason of such failure, by the interdict, or his estate, as the case may be.

(24) Where, in pursuance of paragraph (20) of this Article, copies of accounts have been delivered to the Judicial Greffier, the accounts relating to the management and administration of the property and affairs of a particular interdict may be examined, and copies thereof taken, during ordinary office hours –

(a) in any case –

(i) by the interdict;

(ii) be any person authorized in that behalf in writing by the interdict;

(iii) by a curator appointed in respect of the interdict under the provisions of paragraph (11) or (12) of this Article;

(iv) where the interdict has died, by his legal personal representative;

(b) in the case of an interdict, other than an interdict in respect of whom a curator has been appointed in pursuance of sub-paragraph (b) of paragraph (5) of this Article, by any person authorized in that behalf by the Committee;

(c) in the case of an interdict admitted to a hospital or a mental nursing home in pursuance of Article 4 of this Law, or liable to be detained in a hospital or a mental nursing home, or subject to guardianship, under the provisions of Part III thereof, by the nearest relative of the interdict or a person exercising the functions of the nearest relative by virtue of the provisions of Article 39 thereof, or by any person authorized in that behalf in writing by the nearest relative or by the person exercising the functions of the nearest relative as aforesaid.

ARTICLE 51

PAY, PENSIONS ETC. OF PATIENTS

(1) Where a periodic payment falls to be made to any patient by way of pay, pension or otherwise in connexion with the service or employment of the patient or any other person, and the payment falls to be made directly –

(a) out of moneys provided by the States; or

(b) out of the Insular Insurance Fund; or

and the authority by whom the payment falls to be made is satisfied after considering medical evidence that the patient to whom it is payable is incapable by reason of mental disorder or addiction of managing and administering his property and affairs, may, instead of making the payment to the patient, apply it in accordance with the provisions of paragraph (2) of this Article:

Provided that the provisions of this paragraph shall not apply in any case where a curator has been appointed to administer the property of the patient.

(2) The authority, as aforesaid, may make the payment, or such part thereof, as it thinks fit, to the institution or person having the care of the patient, to be applied for the benefit of the patient, and may pay the remainder (if any) or such part thereof as it thinks fit –

(a) to or for the benefit of persons who appear to the authority to be members of the patient’s family or other persons for whom the patient might be expected to provide if he were not mentally disordered or, as the case may be, if he were not an addict; or

(b) in reimbursement with or without interest, of money applied by any person either in payment of the patient’s debts, whether legally enforceable or not, or for the maintenance or other benefit of the patient or such other persons as are mentioned in sub-paragraph (a) of this paragraph.

(3) In this Article the expression “the Insular Insurance Fund” has the same meaning as in the Insular Insurance (Jersey) Law, 1950.5

ARTICLE 52

CORRESPONDENCE OF PATIENTS NOT SUBJECT TO DETENTION

(1) The provisions of Article 25 of this Law shall apply in relation to any patient who is receiving treatment for mental disorder or for addiction in a hospital or mental nursing home, having been admitted for the purpose but not being liable to be detained therein, as it applies in relation to a patient detained in a hospital under the provisions of Part III of this Law.

(2) In relation to any patient to whom it applies by virtue of this Article, the said Article 25 shall have effect as if any reference to the responsible medical officer included a reference to the registered medical practitioner in charge of the treatment of the patient.

ARTICLE 53

WARRANT TO SEARCH FOR AND REMOVE PATIENTS

(1) If it appears to the Bailiff on information on oath laid by an officer that there is reasonable cause to suspect that a person believed to be suffering from mental disorder or addiction –

(a) has been, or is being, ill-treated, neglected or kept otherwise than under proper control, in any place; or

(b) being unable to care for himself, is living alone in any place;

the Bailiff may issue a warrant authorizing any police officer or officer named therein to enter, if need be by force, any premises specified in the warrant and to search for, and, if thought fit, to remove that person to a place of safety with a view to the making of an application in respect of him under the provisions of Part III of this Law, or of making other arrangements for his treatment or care.

(2) If it appears to the Bailiff, on information on oath laid by any person who is authorized by or under this Law to take a patient to any place, or to take into custody or retake a patient who is liable under the provisions of this Law to be so taken or retaken –

(a) that there is reasonable cause to believe that the patient is to be found on certain premises; and

(b) that admission to the premises has been refused or that a refusal of such admission is likely;

the Bailiff may issue a warrant authorizing any police officer or officer named therein to enter, if need be by force, any premises specified in the warrant and to search for and remove the patient.

(3) A patient who is removed to a place of safety in the execution of a warrant issued under this Article may be detained there for a period not exceeding seventy-two hours.

(4) Every warrant issued under the provisions of this Article, shall be addressed to, and examined by, the police officer or officer named therein and, at the time of executing the warrant, the person to whom it is addressed shall, except in the case of a warrant issued under the provisions of paragraph (2) of this Article be accompanied by a registered medical practitioner.

(5) It shall not be necessary in any information or warrant under paragraph (1) of this Article to name the person concerned.

ARTICLE 54

MENTALLY DISORDERED PERSONS AND ADDICTS FOUND IN PUBLIC PLACES

(1) If a police officer finds in a place to which the police has access a person who appears to him to be suffering from mental disorder or addiction and to be in immediate need of care or control, the police officer may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety.

(2) A person removed to a place of safety under this Article may be detained there for a period not exceeding seventy-two hours for the purpose of enabling him to be examined by a registered medical practitioner and of making any necessary arrangements for his treatment or care.

ARTICLE 55

PROVISIONS AS TO CUSTODY, CONVEYANCE AND DETENTION

(1) Any person required or authorized by or by virtue of this Law to be conveyed to any place or to be kept in custody or detained in a place of safety while being so conveyed, detained or kept, as the case may be, shall be deemed to be in legal custody.

(2) In this Article “convey” includes any other expression denoting removal from one place to another.

ARTICLE 56

RETAKING OF PATIENTS ESCAPING FROM CUSTODY

(1) If any person being in legal custody by virtue of the provisions of Article 55 of this Law escapes, he may, subject to the provisions of this Article, be retaken –

(a) in any case, by the person who had his custody immediately before the escape, or by any police officer or any officer;

(b) if at the time of the escape he was liable to be detained in a hospital or a mental nursing home or was subject to guardianship under this Law, by any other person who could take him into custody under Article 28 of this Law if he had absented himself without leave.

(2) Subject to the provisions of paragraph (6) of this Article, a person who escapes as aforesaid when liable to be detained or subject to guardianship as mentioned in sub-paragraph (b) of paragraph (1) of this Article shall not be retaken under the provisions of this Article after the expiration of the period within which he could be retaken under the provisions of Article 28 of this Law if he had absented himself without leave on the day of the escape, and the provisions of paragraph (3) of the said Article 28 shall apply with the necessary modifications accordingly.

(3) Subject to the provisions of paragraph (6) of this Article, a person who escapes while being taken to or detained in a place of safety under the provisions of Article 53 or 54 of this Law shall not be retaken under the provisions of this Article after the expiration of the period of seventy-two-hours beginning with the time when he escapes or the period during which he is liable to be so detained, whichever expires first.

(4) The provisions of this Article, so far as they relate to the escape of a person liable to be detained in a hospital or a mental nursing home, shall apply in relation to a person who escapes –

(a) while being taken to or from a hospital or mental nursing home in pursuance of the provisions of Article 29 of this Law; or

(b) while in custody or while being taken to a hospital, mental nursing home or other place in pursuance of the provisions of Article 42 of this Law;

as if he were liable to be detained in that hospital or mental nursing home and, if he had not previously been received therein, as if he had been so received.

(5) The provisions of Article 32 of this Law shall, with any necessary modifications, apply in relation to a patient who is at large and liable to be retaken by virtue of this Article as it applies in relation to a patient who is absent without leave within the meaning of Article 28 of this Law, and references therein to the said Article 28 shall be construed accordingly.

(6) The provisions of paragraphs (2) and (3) of this Article shall not apply –

(a) in the case of an alien who is in custody in connexion with his conveyance, in pursuance of Article 42 of this Law, to a port or place outside the British Islands;

(b) in the case of an alien or of a person not ordinarily resident in the Island who, in pursuance of Article 42 of this Law, is being removed to a port or place outside the Island.

ARTICLE 57

PROTECTION FOR ACTS DONE IN PURSUANCE OF THIS LAW

(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from the provisions of this Article in respect of any act purporting to be done in pursuance of this Law or any order made thereunder, unless the act was done in bad faith or without reasonable care.

(2) No civil or criminal proceedings shall be brought against any person in respect of any such act without the leave of the Superior Number of the Royal Court, and the Superior Number shall not give leave under this Article unless satisfied that there is a prima facie case for the contention that the person to be proceeded against has acted in bad faith or without reasonable care.

(3) This Article shall not apply to proceedings for an offence under this Law, being proceedings which, under any provision of this Law, can be instituted only by or with the consent of the Attorney General.

ARTICLE 58

PROCEDURE ON APPLICATIONS TO THE COURT

(1) The power to make rules of court under the Royal Court (Jersey) Law, 1948,6 shall include a power to make rules –

(a) for the hearing and determination of applications under this Law otherwise than in open court;

(b) for the admission on the hearing of such applications of evidence of such descriptions as may be specified in the rules notwithstanding anything to the contrary in any enactment or rule of law relating to the admissibility of evidence;

(d) for the purposes of proceedings under Article 50 of this Law.

(2) The provisions of paragraph (1) of Article 3 of the Official Publications (Jersey) Law, 19607 shall apply to rules made under the provisions of this Article as it applies to enactments mentioned in that paragraph, and, accordingly, as soon as may be after such rules are made, the Judicial Greffier shall transmit a certified copy thereof to the Greffier of the States.

ARTICLE 59

ORDERS

(1) The Committee may make orders for prescribing anything which, under this Law, is required or authorized to be prescribed, and otherwise for carrying this Law into effect.

(2) Without prejudice to the generality of paragraph (1) of this Article, orders made thereunder –

(a) may, subject to the provisions of Part III of this Law, provide –

(i) for regulating the exercise by the guardians of patients received into guardianship under the said Part III of their powers as such;

(ii) for imposing on such guardians, in cases where the Committee is not the guardian, such duties as the Committee may consider necessary or expedient in the interests of such patients;

(iii) for requiring such patients to be visited on behalf of the Committee on such occasions or at such intervals as may be prescribed;

(b) may –

(i) prescribe the form of any application, recommendation, report, order, notice or other document to be made or given under the provisions of this Law;

(ii) prescribe the manner in which any such application, recommendation, report, order, notice or other document may be proved, and may provide for the service of any such application, recommendation, report, order, notice or other document;

(iii) prescribe the register and other records to be kept in respect of patients liable to be detained, or subject to guardianship under the said Part III;

(iv) provide for furnishing or making available to such patients and to their relatives written statements of their rights and powers under this Law;

(v) provide for the determination of the age of any person whose exact age cannot be ascertained by reference to the registers kept under the “Loi (1842) sur l’Etat Civil”;8

(vi) provide for enabling the functions, under the said Part III, of the nearest relative of a patient to be performed, in such circumstances and subject to such conditions (if any) as may be prescribed by any person authorized in that behalf by that relative;

(i) prescribe the circumstances in which, and the conditions under which, patients may be transferred under the provisions of Article 29 of this Law;

(ii) make provision for regulating the conveyance to their destination of patients authorized to be transferred by virtue of the provisions of paragraph (1) of the said Article 29.

(3) The Subordinate Legislation (Jersey) Law, 19609 shall apply to orders made under this Law.

ARTICLE 60

AMENDMENT OF OTHER ENACTMENTS AND TRANSITIONAL PROVISION

(1) The enactments mentioned in the Third Schedule to this Law shall have effect subject to the amendments specified in that Schedule in relation to each such enactment.

(2) Where, under the provisions of any encatment passed before the commencement of this Law, a person is disqualified from holding any office if he has a curator appointed to his person, he shall be disqualified from holding that office if he is liable to be detained in a hospital, mental nursing home, or place of safety, or is subject to guardianship, under the provisions of this Law.

(3) The States may by regulations repeal or amend any enactment so far as it appears to the States to be necessary in consequence of any provision of this Law.

(4) Notwithstanding the provisions of Article 2 of the Matrimonial Causes (Jersey) Law, 1949,10 as amended by this Law,11 a person of unsound mind shall be deemed to have been under care and treatment for the purposes of Article 7 of that Law12 while –

(a) at any time before the commencement of this Law he was –

(i) detained in pursuance of the “Loi (1890) sur l’aisle public des aliénés”13 or of an order under the “Loi (1883) pour la protection des aliénés”;14 or

(ii) receiving mental treatment as a voluntary patient under the “Loi (1883) pour la protection des aliénés”;¹⁴

(b) at any time before the first day of November, 1960 he was –

(i) detained in pursuance of an order or inquisition under the Lunacy and Mental Treatment Acts, 1890 to 1930, or of an order or warrant under the Army Act, the Air Force Act, the Naval Discipline Act, the Naval Enlistment Act, 1884 or the Yarmouth Naval Hospital Act, 1931; or

(ii) detained as a Broadmoor patient or in pursuance of an order made under the Criminal Lunatics Act, 1884; or

(iii) receiving treatment as a voluntary patient under the Mental Treatment Act, 1930;

being Acts of the Parliament of the United Kingdom;

(c) at any time before the first day of June, 1962 he was detained in pursuance of an order or warrant for his detention or custody as a lunatic under the Lunacy (Scotland) Acts, 1857 to 1919, being Acts of the Parliament of the United Kingdom.

ARTICLE 61

REPEALS AND TRANSITIONAL PROVISIONS

(1) The enactments mentioned in the first column of the Fourth Schedule to this Law are hereby repealed to the extent specified in the second column of that Schedule.

(2) The provisions of this Article shall not affect any appointment made or thing done under and in accordance with any enactment thereby repealed.

(3) Where, on the date of the coming into force of this Law, a person is in a hospital or a mental nursing home, having been admitted under the provisions of any enactment repealed by this Law, the provisions of this Law shall apply to that person as if he had been admitted under the provisions of Article 14 thereof on that date.

(4) Notwithstanding the provisions of paragraph (2) of Article 50 of this Law, any “curatelle” proceedings, including rehabilitation proceedings, commenced before the coming into force of this Law may, unless the Court otherwise direct, be continued as if this Law had not been passed, and if, as a result of any such proceedings a curator is appointed, the curator shall be deemed to have been appointed under the said Article 50 and the provisions of that Article shall apply accordingly.

(5) Where, on the date of the coming into force of this Law, a person is in a hospital or a mental nursing home, having been admitted under the provisions of any enactment repealed by this Law and no person has been, or is deemed to have been appointed under the provisions of this Law to manage and administer the property and affairs of that person, it shall be the duty of the Committee to report that fact to the Attorney General, and in such a case the provisions of Article 50 of this Law shall apply as if the report had been made in accordance with the provisions of paragraph (3) thereof.

(6) Where, on the date of the coming into force of this Law, a person is under interdiction in respect of his person and property, the functions of the curator in so far as they relate to the person of the interdict shall cease –

(a) in the case of an interdict to whom paragraph (3) of this Article applies, on the date of the coming into force of this Law;

(b) in any other case, on the expiration of the period of ninety days beginning with that date;

and, as from the date of the cessation of those functions, the curator shall be deemed to have been appointed in respect only of the property of the interdict.

(7) A curator, appointed before the date of the coming into force of this Law in respect only of the property of an interdict or who is deemed, by virtue of the provisions of paragraph (6) of this Article, to have been so appointed, shall be deemed to be appointed under the provisions of Article 50 of this Law and to have taken oath under the provisions of paragraph (7) thereof on that date, and the provisions of the said Article 50 shall apply to the curator, subject to the substitution for sub-paragraph (a)(i) of paragraph (20) thereof of the following sub-paragraph –

“(i) within the one hundred and eighty days next following the day on which, by virtue of the provisions of paragraph (7) of Article 61 of this Law, he is deemed to have taken oath, an inventory of all the property, real and personal, of the interdict and a copy of the accounts in connexion with the management and administration of the property and affairs of the interdict from the time when he was first appointed until the day on which he is deemed to have taken oath as aforesaid;”.

(8) The provisions of paragraphs (6) and (7) of this Article shall be without prejudice to any right of action, subsisting immediately before the date of the coming into force of this Law, arising from anything done or omitted to be done by a curator before that date.

ARTICLE 62

SHORT TITLE AND COMMENCEMENT

(1) This Law may be cited as the Mental Health (Jersey) Law, 1969.

(2) This Law shall come into force on such day or days as the States may by Act appoint, and different days may be fixed for different purposes and different provisions of this Law.

SCHEDULES

FIRST SCHEDULE

(Article 2)

MENTAL HEALTH REVIEW TRIBUNAL

PART I

CONSTITUTION

1. Subject to the provisions of paragraph 3 of this Schedule, the members of the Tribunal shall be appointed in manner following, that is to say –

(a) the Bailiff shall appoint from among the advocates and solicitors of the Royal Court of not less than five years standing, a chairman and a vice-chairman ;

(b) the Bailiff, after consultation with the Committee, shall appoint a panel, not exceeding five in number, of registered medical practitioners (hereinafter referred to as the “medical members”);

(c) the Bailiff, after consultation with the Committee, shall appoint a panel, not exceeding five in number, of persons having such experience in administration, such knowledge of social service or such other qualifications as the Bailiff considers suitable (hereinafter referred to as the “lay members”).

2. The Bailiff, in consultation with the Committee, may from time to time review the constitution of the panels appointed in pursuance of sub-paragraphs (b) and (c) of paragraph 1 of this Schedule and may make such additions thereto and such deletions therefrom as may be considered necessary, so, however, that this paragraph shall not operate so as to authorize an increase in the maximum number of persons appointed to either of the said panels, as specified in the said sub-paragraphs.

3. The following persons shall be ineligible for inclusion in the panels mentioned in sub-paragraphs (b) and (c) of paragraph 1 of this Schedule, namely, Jurats, members of the States, advocates and solicitors of the Royal Court and persons who hold any paid office or other office of profit under the Crown or the States or any administration of the States or any parochial authority.

4. A member of the Tribunal shall cease to hold office –

(a) on the thirty-first day of December in the fifth year next following the year in which he was appointed :

Provided that a member appointed to fill a casual vacancy shall hold office only until the day on which the person in whose place he was appointed would have ceased to hold office ;

(b) if he tenders his resignation in writing to the Bailiff ;

(d) if he appoints a special attorney without whom he may not act in matters real or personal ;

(e) if he becomes incapable, by reason of mental or physical disability, of exercising his functions as a member ;

(f) if, without reasonable excuse, he absents himself from a sitting of the Tribunal at which he is summoned to attend.

PART II

PROCEDURE

5. Subject to rules made under paragraph 10 of this Schedule, the members who are to constitute the Tribunal for the purposes of any proceedings, or any class or group of proceedings, under this Law shall be appointed by the chairman or, if for any reason he is unable to act, by the vice-chairman and, at any sitting the Tribunal shall be composed of –

(a) the chairman or, if for any reason he is unable to act, the vice-chairman who shall preside ;

(b) two medical members ;

Provided that a person shall not be qualified to serve as a member of the Tribunal to consider an application or a reference where he has any interest in the patient to whom the application or the reference relates.

6. Where, under any provision of this Law, an application to the Tribunal is authorized to be made by or in respect of any patient, the application shall be made by notice in writing addressed to the chairman of the Tribunal and, in every such case, the hearing by the Tribunal shall commence within fourteen days of the application.

7. Except in such cases and at such times as are expressly provided by this Law, no application shall be made to the Tribunal by or in respect of a patient, and where, under any provision of this Law, any person is authorized to make an application to the Tribunal within a specified period, not more than one such application shall be made by that person within that period.

8. Where application is made to the Tribunal by or in respect of a patient who –

(a) is liable to be detained under the provisions of this Law, the Tribunal may in any case direct that the patient be discharged, and shall so direct if it is satisfied that –

(i) he is not then suffering from mental disorder or addiction ; or

(ii) it is not necessary in the interests of the patient’s health or safety or for the protection of other persons that the patient should continue to be liable to be detained ;

(b) is subject to guardianship under the provisions of this Law, the Tribunal may in any case direct that the patient be discharged, and shall so direct if it is satisfied that –

(i) he is not then suffering from mental disorder or addiction ; or

(ii) he no longer is a person requiring special care ; or

(iii) it is not necessary in the interests of the patient, or for the protection of other persons, that the patient should remain under guardianship.

9. The Committee or the Attorney General may, if it or he hinks fit, refer to the Tribunal at any time the case of a patient who is liable to be detained or who is subject to guardianship under the provisions of this Law, and the Tribunal shall deal with any such reference as if it were an application made under the provisions of paragraph 8 of this Schedule.

10. The Committee may by order make provision with respect to the making of applications to the Tribunal, and with respect to the proceedings of the Tribunal and matters incidental thereto, or consequential on, such proceedings and, without prejudice to the generality of the foregoing provisions of this paragraph, any such order may make provision –

(a) for enabling the Tribunal, or the chairman of the Tribunal, to postpone the consideration of any application by or in respect of a patient, or of any such application of any prescribed class, until the expiration of such period, not being a period exceeding twelve months, as may be prescribed from the date on which the application by or in respect of the same patient was last considered and determined by the Tribunal ;

(b) for restricting the persons qualified to serve as members of the Tribunal, on the consideration of any application, or of an application of any prescribed class ;

(c) for enabling the Tribunal to dispose of an application without a formal hearing where such a hearing is not requested by the applicant or where it appears to the Tribunal that such a hearing would be detrimental to the health of the patient ;

(d) for enabling the Tribunal to exclude members of the public, or any specified class of members of the public, from any proceedings of the Tribunal, and to prohibit the publication of reports of any such proceedings or the names of any persons concerned in such proceedings ;

(e) for regulating the circumstances in which, and the persons by whom, applicants and patients in respect of whom applications are made to the Tribunal may, if not desiring to conduct their own case, be represented for the purpose of those applications ;

(f) for regulating the methods by which information relevant to an application may be obtained by, or furnished to, the Tribunal and, in particular, for authorizing the members of the Tribunal, or any one or more of them, to visit and interview in private any patient by or in respect of whom an application has been made ;

(g) for making available to any applicant, and to any patient in respect of whom an application is made to the Tribunal, copies of any documents obtained by, or furnished to, the Tribunal in connexion with the application, and a statement of any oral information so obtained or furnished, except where the Tribunal considers it undesirable so to do in the interests of the patient or for other special reasons ;

(h) for requiring the Tribunal, if so requested in accordance with the provisions of the order, to furnish such statements of the reasons for any decision given by the Tribunal as may be prescribed, subject to any provision made by the order for withholding such a statement from a patient or any other person in cases where the Tribunal considers that the furnishing of such a statement would be undesirable in the interests of the patient or for other special reasons ;

(j) for conferring on the Tribunal such ancillary powers as the Committee may think necessary for the purpose of the exercise of the functions of the Tribunal under this Law ;

and an order made under the provisions of this paragraph may apply to all applications or to applications of such class as may be prescribed and may make different provisions in relation to different cases or classes of cases.

SECOND SCHEDULE

(Article 50(7))

OATH OF CURATORS

You swear and promise before God that well and faithfully you will discharge the duties of curator of the property and affairs of ; that you will conserve and, so far as in you lies, increase his property as if it were your own ; and that you will render full and true accounts to whomsoever such accounts are rightfully due as required by law.

THIRD SCHEDULE

(Article 60)

AMENDMENT OF OTHER ENACTMENTS

Loi (1937) sur les Etrangers15

In Article 8 –

(a) after sub-paragraph (e) of paragraph (3) there shall be inserted the following sub-paragraph –

“(f) an alien to whom Article 42 or 56 of the Mental Health (Jersey) Law, 1969, applies :”

(b) in the second proviso to the said paragraph (3) for the words “the Public Assistance Committee or the Mental Hospital Committee” there shall be substituted the words “the Public Health Committee”.

Matrimonial Causes (Jersey) Law, 194916

(1) In Article 1, after the definition of “habitual drunkard” there shall be inserted the following definition –

“mental disorder” means mental illness, arrested or incomplete development of mind and any other disability or disorder or mind ;”.

(2) For Article 2 there shall be substituted the following Article –

“ARTICLE 2

INSANITY DEFINITION

For the purposes of Article 7 of this Law, a person of unsound mind shall be deemed to be under care and treatment while, and only while –

(a) he is liable to be detained in a hospital, mental nursing home or place of safety under the provisions of the Mental Health (Jersey) Law, 1969 ; or

(b) he is liable to be detained in a hospital, mental nursing home or place of safety under the Mental Health Act, 1959 or in a hospital or place of safety under the Mental Health (Scotland) Act, 1960, being Acts of the Parliament of the United Kingdom ; or

(c) he is detained in pursuance of an order for his detention or treatment as a person of unsound mind or a person suffering from mental illness made under any enactment for the time being in force in Northern Ireland, the Bailiwick of Guernsey or the Isle of Man (including any such enactment relating to criminal lunatics), or is receiving treatment as a voluntary patient under any such enactment ; or

(d) he is receiving treatment for mental illness as a resident in –

(i) a hospital or other institution provided, approved, licensed, registered or exempted from registration by any Minister or other authority in the United Kingdom, the Bailiwick of Guernsey or the Isle of Man ; or

(ii) a hospital or other institution in any other country, being a hospital or institution in which his treatment is comparable with the treatment provided in any such hospital or institution as is mentioned in clause (i) of this sub-paragraph ;

and in determining for the purposes of the said Article 7 whether any period of care and treatment has been continuous, any interruption of the period for twenty-eight days or less shall be disregarded.”.

(3) In Article 7, for sub-paragraph (e) there shall be substituted the following sub-paragraph –

“(e) is serving a sentence of imprisonment for life or for a term of not less than fifteen years ; or ”.

(4) In Article 9, in paragraph (4), for the words “is by reason of the commutation of a death sentence, undergoing imprisonment for life, or in confinement as a criminal lunatic, or is serving a sentence of imprisonment” there shall be substituted the words “is serving a sentence of imprisonment for life or”.

(5) In Article 18, in paragraph (1), except in so far as it relates to a marriage celebrated before the commencement of this Law, in sub-paragraph (f), for the words “mentally defective” there shall be substituted the words “was then suffering from mental disorder of such a kind or to such an extent as to be unfitted for marriage and the procreation of children”, and for the word “fits” there shall be substituted the word “attacks”.

(6) In Article 31, after the word “deficiency” there shall be inserted the words “or disorder”.

National Service (Jersey) Law, 195417

In the First Schedule, for paragraph 3 there shall be substituted the following paragraph –

“3. A person who –

(a) is receiving treatment for mental disorder or, as the case may be, for addiction under the provisions of Article 4 of the Mental Health (Jersey) Law, 1969 ; or

(b) is detained in a hospital or a mental nursing home, or who is under guardianship, under the provisions of that Law.”.

Adoption (Jersey) Law, 196118

In Article 23, at the end of paragraph (2) there shall be inserted the words –

“nor while he is –

(a) receiving treatment for mental disorder or, as the case may be, for addiction under the provisions of Article 4 of the Mental Health (Jersey) Law, 1969 ; or

(b) detained in a hospital or a mental nursing home under the provisions of that Law.”.

Franchise (Jersey) Law, 196819

In Article 4, for sub-paragraph (d) there shall be substituted the following sub-paragraph) –

“(d) and so long as he is a person –

(i) receiving treatment for mental disorder, or as the case may be, for addiction under the provisions of Article 4 of the Mental Health (Jersey) Law, 1969 ; or

(ii) detained in a hospital or a mental nursing home, or who is under guardianship, under the provisions of that Law ; or”.

FOURTH SCHEDULE

(Article 61)

ENACTMENTS REPEALED

Title of enactment.	Extent of repeal.
The Code of Laws confirmed by Order of Her Majesty in Council of the twenty-eighth day of March, 1771.20	The “Serment des Curateurs”.
Loi réglant les devoirs et la comptabilité des Curateurs, confirmée par Ordre de Sa Majesté en Conseil en date du 21 mars, 1862.21	The whole Law.
Loi (1883) pour la protection des aliénés.22	The whole Law.
Loi (1890) sur l’Asile Public pour les Aliénés.23	The whole Law.
Loi (1898) (Amendement) pour la protection des aliénés.24	The whole Law.
Loi (1900) (Amendement) sur l’Asile Public pour les Aliénés.25	The whole Law.
Loi (1906) (Amendement No. 2) sur l’Asile Public pour les Aliénés.26	The whole Law.
Loi (1907) sur les Curatelles.27	The whole Law.
Saint Saviour’s Hospital (Jersey) Regulations, 1962.28	The whole Regulations.

A.D. LE BROCQ,

Greffier of the States.

1 Tome 1954–1956, page 9 and Tome 1963–1965, page 511.

2 Tome 1963–1965, page 319 and R & O—4846.

3 Tome 1957–1960, page 493.

4 Tomes IV–VI, page 136.

5 Tome 1949–1950, page 553 and Tome 1957–1960, page 321.

6 Tome 1946–1948, page 586.

7 Tome 1957–1960, page 572.

8 Tomes I–III, page 85.

9 Tome 1957–1960, page 519.

10 Tome 1949–1950, page 294.

11 Tome 1968–1969, page 424.

12 Tome 1949–1950, page 297.

13 Tomes IV–VI, page 90.

14 Tomes IV–VI, page 16.

15 Tome 1937–1938, page 74.

16 Tome 1949–1950, pages 293, 294, 298, 300, 307 and 316.

17 Tome 1954–1956, page 181.

18 Tome 1961–1962, page 380.

19 Tome 1968–1969, page 85.

20 Code of Laws (3rd edition), page 189 and Tomes I–III, page 24.

21 Tomes I-III, page 271.

22 Tomes IV-VI, page 16.

23 Tomes IV-VI, page 90.

24 Tome IV (1908 edition), page 425.

25 Tome V (1935 edition), page 8.

26 Tome V (1935 edition), page 131.

27 Tomes IV-VI, page 248.

28 R & O—4398.

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Mental Health (Jersey) Law 1969