Section 51 Human Rights Act 1998: extension to certain private care providersI1I2

In the Mental Health Act 1983, after section 142B insert—

“Human Rights Act 1998: extension to certain private care providers

142C

(1)

A registered care provider is to be regarded for the purposes of section 6(3)(b) of the Human Rights Act 1998 as exercising a function of a public nature in providing any of the services mentioned in subsection (2) (to the extent that it would not otherwise be so regarded).

(2)

The services are—

(a)

after-care services provided in pursuance of arrangements made under section 117;

(b)

services provided in pursuance of arrangements made by a local authority in Scotland discharging its duty under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003;

(c)

the provision of medical treatment for mental disorder or assessment in relation to mental disorder, for an in-patient at a hospital, but only where that treatment or assessment is arranged or paid for by an NHS body.

(3)

In this section—

• “hospital” means any institution for the reception and treatment of people—

  1. (a)

     suffering from mental disorder or other illness,

  2. (b)

     convalescing, or

  3. (c)

     requiring medical rehabilitation;

• “illness” includes any injury or disability requiring medical treatment or nursing;

• “NHS body”—

  1. (a)

     in relation to England, has the meaning given by section 275(1) of the National Health Service Act 2006;

  2. (b)

     in relation to Wales, has the meaning given by section 206(1) of the National Health Service (Wales) Act 2006;

  3. (c)

     in relation to Scotland, a health board constituted by order made under section 2 of the National Health Service (Scotland) Act 1978;

  4. (d)

     in relation to Northern Ireland means—

     1. (i)

        the Department of Health, or

     2. (ii)

        a Health and Social Care Trust;

• “registered care provider” means--

  1. (a)

     a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008,

  2. (b)

     a person registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016,

  3. (c)

     a person providing—

     1. (i)

        a care service which is registered under section 59 of the Public Services Reform (Scotland) Act 2010, or

     2. (ii)

        an independent health care service registered under section 10P of the National Health Service (Scotland) Act 1978, or

  4. (d)

     a person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.”