s 2
In section 4 of the principal Act (which makes provision as to the functions and duties of the Mental Welfare Commis- : sion)— (a) in . subsection . (2) after paragraph (b) there shall be inserted the following paragraph— “ (bb) in any case where— (i) the authority for the detention of a patient (A) has been renewed for a period of one or two years under section 39(2)(b) of this Act ; and (B) is renewed for a further period of one year under that section ; and (ii) the patient has not, during the period referred to in sub-paragraph (i)(A) of this paragraph— (A) appealed to the sheriff under section 39(7) of this Act ; or (B) been visited by the Mental Welfare Commission under paragraph (6) of this subsection, to visit the patient before the expiry of the period of one year referred to in sub-paragraph (i)(B) of this paragraph, unless the patient has previously been discharged, and on any such visit to afford an opportunity, on request, for private interview to any such patient ;”” and (b) for subsection (6) there shall be substituted the following subsections— (6) It shall be the duty of the Mental Welfare Commission— (a) to advise the Secretary of State, a Health Board or a local authority on any matter arising out of this Act which has been referred to the Commission by the Secretary of State, the Health Board, or the local authority, as the case may be ; and (b) to bring to the attention of the Secretary of State, a Health Board, a local authority or any other body any matter concerning the welfare of any persons who are suffering from mental disorder which the Commission consider ought to be brought to his or their attention. (6A) The Mental Welfare Commission shall in 1985 and in every year thereafter publish a report on their activities; and copies of each such report shall be submitted by the Commission to the Secretary of State who shall lay copies before Parliament. (6B) Where, in the course of carrying out any of their functions, the Mental Welfare Commission form the opinion that any patient who is— (a) liable to be detained in a hospital ; and (b) either a restricted patient within the meaning of section 60A of this Act or a person mentioned in section 60E(1) or (2) of this Act should be discharged, it shall be their duty to recommend accordingly to the Secretary of State.”.