s 9 Grounds for compulsory
(1) For subsections (1) and (2) of section 23 of the principal Act (which provides for the admission to hospital or guardianship of certain patients) there shall be substituted the following subsection— “ Grounds for hospital admission Patients 23.—(1) A person may, in pursuance of an appliliable to be cation for admission under section 24(1) of this Act, hospital. be admitted to a hospital and there detained on the grounds that— (a) he is suffering from a mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital ; and (b) in the case where the mental disorder from which he suffers is a persistent one manifested only by abnormally aggressive or seriously irresponsible conduct, such treatment is likely to alleviate or prevent a deterioration of his condition ; and (c) in the case where the mental disorder from which he suffers is a mental handicap, the handicap comprises— (i) severe mental impairment ; or (ii) mental impairment, where such treatment is likely to alleviate or prevent a deterioration of his condition ; and (d) it is necessary for the health or safety of that person or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this Part of this Act.”. (2) In section 24(2) of the principal Act (under which admission applications are to be founded on medical recommendations based on certain statements as to the patient’s condition) for paragraphs (b) and (c) there shall be substituted the following paragraph— “ ; and (b) a statement as to which of the grounds set out in section 23(1) of this Act apply in relation to the patient.”. (3) In section 25 of the principal Act (which makes provision as to the guardianship of patients)— (a) in subsection (1) after the word “ patient” there shall be inserted the words “ who has attained the age of 16 years”; and Part I 2E (b) after the said subsection (1) there shall be inserted the following subsection— “ (1A) A guardianship application may be made in respect of a patient on the grounds that— (a) he is suffering from a mental disorder of a nature or degree which warrants his reception into guardianship ; and (b) it is necessary in the interests of the welfare of the patient that he should be so received.” ; and (c) for subsection (4) there shall be substituted the following subsection— “ (4) A guardianship application shall be founded on and accompanied by two medical recommendations in the prescribed form and a recommendation by a mental health officer in such form ; and (a) each medical recommendation shall include— (i) a statement of the form of mental disorder from which the patient is suffering being mental illness or mental handicap or both ; and (ii) a statement that the ground set out in subsection (1A)(a) of this section applies in relation to the patient, being statements of opinion, together with the grounds on which those statements are based ; (b) the recommendation by the mental health Officer shall include— (i) a statement, being a statement of opinion, that the ground set out in subsection (1A)(b) of this section applies in relation to the patient, together with the grounds on which the statement is based ; an (ii) a statement as to whether he is related to the patient and of any pecuniary interest that he may have in the reception of the patient into guardianship.”. Sections 40 and 44(1) of the principal Act (which relate to detention and guardianship of patients who attain the age 25 Piao during detention or guardianship) shall cease to effect.