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MENTAL HEALTH (AMENDMENT) BILL, A BILL FOR A LAW TO AMEND THE MENTAL HEALTH LAW, 2013 AS A CONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW, 2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES

PUBLISHING DETAILS Sponsoring Ministry/Portfolio: Governor's Office

Objects and Reasons

Memorandum of OBJECTS AND REASONS This Bill seeks to amend the Mental Health Law, 2013 as a consequence of the enactment of the Domestic Partnership Law, 2020 and to provide for incidental and connected purposes. Clause 1 provides the short title and commencement of the legislation. Clause 2 amends section 2(1) of the Mental Health Law, 2013 to introduce the definition of the term “domestic partner” and to expand the definition of the term “nearest relative” to include a domestic partner.

Clause 1

A BILL FOR A LAW TO AMEND THE MENTAL HEALTH LAW, 2013 AS A CONSEQUENCE OF THE ENACTMENT OF THE DOMESTIC PARTNERSHIP LAW, 2020; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Governor in accordance with section 81 of the Constitution, after consultation with the Premier and with the prior approval of a Secretary of State. Short title and commencement (1) This Law may be cited as the Mental Health (Amendment) Law, 2020. (2) This Law comes into force immediately after the commencement of the Domestic Partnership Law, 2020. Amendment of section 2 of the Mental Health Law, 2013 - interpretation The Mental Health Law, 2013 is amended in section 2(1) as follows — (a) by inserting in the appropriate alphabetical sequence the following definition — “ “domestic partner” has the meaning assigned by section 2 of the Domestic Partnership Law, 2020;”; and (b) by deleting the definition of the words “nearest relative” and substituting the following definition — “ “nearest relative” means a person of at least eighteen years of age, whether or not living in the Islands, who is, in relation to the person concerned —

Clause 2

(a) a spouse, a domestic partner or a common law partner; (b) a son or daughter; (c) a parent or legal guardian; (d) a brother or sister; (e) a grandparent; (f) a grandchild; (g) an uncle or aunt; (h) a nephew or niece; (i) a social worker or probation officer employed in that capacity in

government or a statutory body; (j) the attorney at law representing the person; (k) the mental health professional treating the person; or a close friend;”.

Assented to by the Governor the day of