{"kind":"expression","expression":{"expr_id":"2265","doc_id":"2265","label":"Customs and Border Control (Amendment) Act, 2021 (act 1of 2021)","is_as_enacted":"f","commenced_on":null,"superseded_on":null,"valid_from":null,"valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/bill\/2021\/1\/eng@2021-01-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/bill\/2021\/1\", \"expression\": \"\/akn\/ky\/bill\/2021\/1\/eng@2021-01-01\", \"manifestation\": \"\/akn\/ky\/bill\/2021\/1\/eng@2021-01-01.pdf\"}, \"pdf\": {\"md5\": \"d7ff7f6985a30156ae609576c8927a09\", \"path\": \"\/Users\/q\/kyleg-data\/working\/BILLS\/2021\/2021-0001\/2021-0001.pdf\", \"pages\": 12, \"filename\": \"2021-0001.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 2598, \"paragraph_count\": 10, \"text_char_count\": 16622}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": null, \"doc\": null, \"bill\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"MENTAL HEALTH (AMENDMENT) BILL, A BILL FOR AN ACT TO AMEND THE MENTAL HEALTH ACT, 2013 TO CLARIFY THE PROCEDURE RELATING TO EMERGENCY DETENTION ORDERS; TO PROVIDE FOR ORDERS FOR PROTECTIVE CUSTODY; TO PROVIDE FOR RESTRICTIONS ON ACCESS TO ELECTRONIC NETWORKS BY PATIENTS; AND FOR INCIDENTAL AND CONNECTED PURPOSES Introduced PUBLISHING DETAILS Sponsoring Ministry\/Portfolio: Ministry of Health, Environment, Culture and Housing Mental Health (Amendment) Bill, 2021 Objects and Reasons Introduced Memorandum of OBJECTS AND REASONS This Bill amends the Mental Health Act, 2013 (\u201cthe principal Act\u201d) to clarify the procedure relating to emergency detention orders, to provide for orders for protective custody, to provide for restrictions on access to electronic networks by patients and for incidental and connected purposes. Clause 1 provides the short title of the legislation. Clause 2 provides for a general amendment of the principal Act to delete references to \u201cGovernor in Cabinet\u201d wherever the words appear in the legislation and substitute the word \u201cCabinet\u201d. Clause 3 amends section 2 of the principal Act by repealing the definitions of certain words and introducing new definitions, in order to modernise the legislation and align it with the legislative landscape of the Islands. Clause 3 also amends section 2 of the principal Act by introducing definitions for the words \u201cemergency detention order\u201d, \u201clegal resident\u201d, \u201cobservation order\u201d, \u201corder for protective custody\u201d, \u201cprotective custody\u201d and \u201ctreatment order\u201d. Clause 4 amends section 6 of the principal Act by repealing subsection (1) and substituting proposed new subsections (1), (1A), (1B) and (1C). The proposed new subsections provide for orders for protective custody. If a medical officer is of the opinion that a person is or may be suffering from a mental impairment or serious mental illness, the medical officer may make an order for protective custody in the prescribed form, directing a constable to \u2014 (a) take the person into protective custody; and (b) with all reasonable despatch, but no later than twelve hours after the person is taken into protective custody, bring the person before a medical doctor employed by the Government to be examined. The proposed new subsections also clarify the procedure relating to emergency detention orders. The medical officer who made the order for protective custody may consult with the medical doctor employed by the Government who examined the person, and if necessary, the medical officer may make an emergency detention order, directing the detention of the person in a hospital or other place of safety for up to seventy-two hours. Clause 4 also amends section 6 of the principal Act by repealing subsection (7) as a consequence of the insertion of the definition of the words \u201cemergency detention order\u201d in the proposed amendments to section 2 of the principal Act. Clause 5 amends the principal Act by repealing and substituting section 7. The proposed new section 7 provides that a constable shall take a person into protective custody where Objects and Reasons Mental Health (Amendment) Bill, 2021 Introduced the person appears to be a danger to himself or herself or other persons. The person must then be brought before a medical doctor employed by the Government to be examined. The amendments to section 7 of the principal Act also seek to align the procedure for the making of an emergency detention order by clarifying that it is a medical officer, and not the medical doctor employed by the Government who makes an emergency detention order. Clause 6 amends section 9 of the principal Act by deleting the words \u201cor violates an assisted outpatient treatment order\u201d. These words were deleted from section 9 in order to remove a minor conflict in the legislation as section 12 of the principal Act provides for the procedure in respect of a patient who violates an assisted outpatient treatment order. Clause 7 amends section 12 of the principal Act by repealing subsections (5) and (6) and substituting proposed new subsections (5), (6), (6A) and (6B). The proposed provisions seek to align the procedure relating to orders for protective custody as well as the making of emergency detention orders in the legislation. Clause 8 amends the principal Act by repealing and substituting section 16. The proposed new section 16 retains the current provisions on postal restrictions in the principal Act. However, the proposed new section 16 also takes into consideration technological advancements and the use of electronic networks. As such, if, in the opinion of a responsible medical officer, access to any electronic network directly or indirectly by a patient detained under the principal Act may have an adverse effect on the patient, access to any electronic network directly or indirectly by the patient may be denied. It should be noted however that where access to any electronic network has been denied to a patient, the patient concerned, or the patient\u2019s nearest relative may, within seven days after being informed of the decision, appeal to the Mental Health Commission. Mental Health (Amendment) Bill, 2021 Arrangement of Clauses Introduced MENTAL HEALTH (AMENDMENT) BILL, 2021 Arrangement of Clauses Clause 1.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"General amendment of the Mental Health Act, 2013 - deletion of the words \\\"Governor in 3. 4. 5. 6. 7.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Repeal and substitution of section 16 \u2013 restrictions on access to post and electronic Mental Health (Amendment) Bill, 2021 Clause 1 Introduced MENTAL HEALTH (AMENDMENT) BILL, 2021 A BILL FOR AN ACT TO AMEND THE MENTAL HEALTH ACT, 2013 TO CLARIFY THE PROCEDURE RELATING TO EMERGENCY DETENTION ORDERS; TO PROVIDE FOR ORDERS FOR PROTECTIVE CUSTODY; TO PROVIDE FOR RESTRICTIONS ON ACCESS TO ELECTRONIC NETWORKS BY PATIENTS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Mental Health (Amendment) Act, 2021. 2. General amendment of the Mental Health Act, 2013 - deletion of the words \\\"Governor in Cabinet\\\" and substitution 2. The Mental Health Act, 2013, in this Act referred to as the \u201cprincipal Act\u201d, is amended by deleting the words \u201cGovernor in Cabinet\u201d wherever they appear and substituting the word \u201cCabinet\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Amendment of section 2 - interpretation 3. The principal Act is amended in section 2 as follows \u2014 (a) by deleting the definition of \u201cGovernor\u201d; Clause 4 Mental Health (Amendment) Bill, 2021 Introduced (b) in the definition of \u201cmedical officer\u201d, by deleting the words \u201cof the Islands\u201d; (c) in the definition of \u201cnearest relative\u201d, in paragraph (a), by deleting the words \u201cor common law partner\u201d; and (d) by inserting, in the appropriate alphabetical sequence, the following definitions \u2014 \u201c \u201cemergency detention order\u201d means an order made by a medical officer under section 6(1B) or under section 12(6A); \u201clegal resident\u201d means \u2014 (a) a person who possesses Caymanian status under the repealed Immigration Act (2015 Revision) or any earlier law providing for the same or similar rights, and includes a person who acquired that status under Part 5 of the Immigration (Transition) Act, 2018; or (b) a person entitled to reside in the Islands in accordance with the Immigration (Transition) Act, 2018, the repealed Immigration Act (2015 Revision) or any earlier law, and whose permission to so remain is still current and has not been revoked or lost in any way; \u201cobservation order\u201d means an order made by a medical officer under section 8(1); \u201corder for protective custody\u201d means an order made by a medical officer under section 6(1) or by a responsible medical officer under section 12(5); \u201cprotective custody\u201d means an arrangement where a person is being safeguarded by, or under the care and protection of, law enforcement authorities; \u201cspouse\u201d in relation to a person, means a legal resident who is \u2014 (a) the legal husband or wife of that person; or (b) the civil partner of that person; and \u201ctreatment order\u201d means an order made by a responsible medical officer under section 9(1);\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Amendment of section 6 - emergency detention order 4. The principal Act is amended in section 6 as follows \u2014 (a) by repealing subsection (1) and substituting the following subsections \u2014 \u201c(1) If a medical officer is of the opinion that a person is or may be suffering from a mental impairment or serious mental illness, the Mental Health (Amendment) Bill, 2021 Clause 5 Introduced medical officer may make an order for protective custody in the prescribed form, directing a constable to \u2014 (a) take the person into protective custody; and (b) with all reasonable despatch, but no later than twelve hours after the person is taken into protective custody, bring the person before a medical doctor employed by the Government to be examined. (1A) The medical doctor who examines a person under subsection (1) shall, after conducting the examination, complete the prescribed form to be used in the assessment of the person. (1B) The medical officer under subsection (1) may, after consultation with the medical doctor who examined the person under subsection (1), make an emergency detention order in the prescribed form, directing the detention of that person in a hospital or other place of safety for up to seventy-two hours. (1C) If the medical officer makes an emergency detention order under subsection (1B), the medical officer shall \u2014 (a) in writing, as soon as practicable thereafter, inform the Mental Health Commission of the detention of the person; (b) supply the Mental Health Commission with a copy of the prescribed form under subsection (1A); and (c) otherwise comply with any regulations that may be made under this Act in that regard.\u201d; and (b) by repealing subsection (7).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Repeal and substitution of section 7- apprehension of a person suspected to be a danger 5. The principal Act is amended by repealing section 7 and substituting the following section \u2014 \u201cApprehension of a person suspected to be a danger\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"(1) Where it appears to a constable that a person \u2014 (a) is, by reason of mental impairment or serious mental illness, an immediate danger, or is likely to become a danger, to himself or other persons; or (b) is threatening, attempting or preparing to inflict self-harm, the constable shall take the person into protective custody and, with all reasonable despatch but no later than twelve hours after the person Clause 6 Mental Health (Amendment) Bill, 2021 Introduced is taken into protective custody, bring the person before a medical doctor employed by the Government to be examined. (2) A constable shall, upon taking the person to a medical doctor in accordance with subsection (1), immediately file the prescribed form with the receiving medical doctor, and shall indicate in the prescribed form the grounds for the constable\u2019s actions under subsection (1). (3) The medical doctor referred to in subsection (1) shall, after conducting the examination \u2014 (a) complete the prescribed form to be used in the assessment of the patient; and (b) consult a medical officer. (4) If the medical officer referred to in subsection (3)(b) considers that the patient should be further detained, the medical officer shall make an emergency detention order in the prescribed form, directing that the patient be detained in a hospital or other place of safety able to receive and care for that patient.\u201d.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Amendment of section 9 \u2013 treatment order 6. The principal Act is amended in section 9(1) by deleting the words \u201cor violates an assisted outpatient treatment order\u201d. 7. Amendment of section 12- assisted outpatient treatment order 7. The principal Act is amended in section 12 by repealing subsections (5) and (6) and substituting the following subsections \u2014 \u201c(5) If the patient violates an assisted outpatient treatment order, the responsible medical officer may make an order for protective custody in the prescribed form, directing a constable to \u2014 (a) take the patient into protective custody; and (b) with all reasonable despatch, but no later than twelve hours after the person is taken into protective custody, bring the patient before a medical doctor employed by the Government or a medical officer to be examined. (6) The medical doctor employed by the Government or medical officer who examines the patient under subsection (5) shall, after conducting the examination, complete the prescribed form to be used in the assessment of the patient. (6A) Where a medical officer conducts the examination under subsection (5), if the medical officer considers that the patient should be further detained, the medical officer shall make an emergency detention Mental Health (Amendment) Bill, 2021 Clause 8 Introduced order in the prescribed form, directing that the patient be detained in a hospital or other place of safety able to receive and care for that patient. (6B) Where a medical doctor employed by the Government conducts the examination under subsection (5) \u2014 (a) the medical doctor employed by the Government shall consult a medical officer; and (b) if the medical officer under paragraph (a) considers that the patient should be further detained, the medical officer shall make an emergency detention order in the prescribed form, directing that the patient be detained in a hospital or other place of safety able to receive and care for that patient .\u201d. 8. Repeal and substitution of section 16 \u2013 restrictions on access to post and electronic networks 8. The principal Act is amended by repealing section 16 and substituting the following section \u2014 \u201cRestrictions on access to post and electronic networks\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"(1) If, in the opinion of a responsible medical officer, the receipt of postal packets addressed to a patient detained under this Act or access to any electronic network directly or indirectly by a patient detained under this Act may have an adverse effect on the patient \u2014 (a) the receipt of any such postal packet may be withheld and the postal packet returned to the sender if the sender can be identified and located; and (b) access to any electronic network directly or indirectly by the patient may be denied. (2) Postal packets addressed by a patient detained under this Act for despatch by the post office or any outgoing electronic communication may be withheld \u2014 (a) if the addressee has given notice in writing to a responsible medical officer requesting that postal packets or electronic communication addressed to the addressee by the patient should be withheld; or (b) it appears to a responsible medical officer that the postal packet or electronic communication \u2014 (i) would be unreasonably offensive to the addressee; Clause 8 Mental Health (Amendment) Bill, 2021 Introduced (ii) is defamatory to other persons, other than the responsible medical officer or persons having care of the patient; or (iii) would be likely to prejudice the interests of the patient. (3) Where \u2014 (a) a postal packet or any outgoing electronic communication has been withheld under subsection (1) or (2); or (b) access to any electronic network has been denied under subsection (1), the patient concerned or the patient\u2019s nearest relative may, within seven days after being informed of the decision, appeal to the Mental Health Commission.\u201d. Passed by the Parliament the      day of                            , 2021. 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If a medical\nofficer is of the opinion that a person is or may be suffering from a mental impairment or\nserious mental illness, the medical officer may make an order for protective custody in the\nprescribed form, directing a constable to \u2014\n(a) take the person into protective custody; and\n(b) with all reasonable despatch, but no later than twelve hours after the person is taken\ninto protective custody, bring the person before a medical doctor employed by the\nGovernment to be examined.\nThe proposed new subsections also clarify the procedure relating to emergency detention\norders. The medical officer who made the order for protective custody may consult with\nthe medical doctor employed by the Government who examined the person, and if\nnecessary, the medical officer may make an emergency detention order, directing the\ndetention of the person in a hospital or other place of safety for up to seventy-two hours.\nClause 4 also amends section 6 of the principal Act by repealing subsection (7) as a\nconsequence of the insertion of the definition of the words \u201cemergency detention order\u201d in\nthe proposed amendments to section 2 of the principal Act.\nClause 5 amends the principal Act by repealing and substituting section 7. The proposed\nnew section 7 provides that a constable shall take a person into protective custody where\n\nObjects and Reasons\nMental Health (Amendment) Bill, 2021\n\nPage 4\nIntroduced\nc\n\nthe person appears to be a danger to himself or herself or other persons. The person must\nthen be brought before a medical doctor employed by the Government to be examined.\nThe amendments to section 7 of the principal Act also seek to align the procedure for the\nmaking of an emergency detention order by clarifying that it is a medical officer, and not\nthe medical doctor employed by the Government who makes an emergency detention\norder.\nClause 6 amends section 9 of the principal Act by deleting the words \u201cor violates an assisted\noutpatient treatment order\u201d. These words were deleted from section 9 in order to remove a\nminor conflict in the legislation as section 12 of the principal Act provides for the procedure\nin respect of a patient who violates an assisted outpatient treatment order.\nClause 7 amends section 12 of the principal Act by repealing subsections (5) and (6) and\nsubstituting proposed new subsections (5), (6), (6A) and (6B). The proposed provisions\nseek to align the procedure relating to orders for protective custody as well as the making\nof emergency detention orders in the legislation.\nClause 8 amends the principal Act by repealing and substituting section 16. The proposed\nnew section 16 retains the current provisions on postal restrictions in the principal Act.\nHowever, the proposed new section 16 also takes into consideration technological\nadvancements and the use of electronic networks. As such, if, in the opinion of a\nresponsible medical officer, access to any electronic network directly or indirectly by a\npatient detained under the principal Act may have an adverse effect on the patient, access\nto any electronic network directly or indirectly by the patient may be denied. It should be\nnoted however that where access to any electronic network has been denied to a patient,\nthe patient concerned, or the patient\u2019s nearest relative may, within seven days after being\ninformed of the decision, appeal to the Mental Health Commission.\n\nMental Health (Amendment) Bill, 2021\nArrangement of Clauses\n\nc\nIntroduced\nPage 5\n\nCAYMAN ISLANDS\n\nMENTAL HEALTH (AMENDMENT) BILL, 2021\n\nArrangement of Clauses\nClause\nPage\n1.\nShort title ...................................................................................................................................7\n2.\nGeneral amendment of the Mental Health Act, 2013 - deletion of the words \"Governor in\nCabinet\" and substitution ...........................................................................................................7\n3.\nAmendment of section 2 - interpretation.....................................................................................7\n4.\nAmendment of section 6 - emergency detention order ...............................................................8\n5.\nRepeal and substitution of section 7- apprehension of a person suspected to be a danger ........9\n6.\nAmendment of section 9 \u2013 treatment order .............................................................................. 10\n7.\nAmendment of section 12- assisted outpatient treatment order ................................................ 10\n8.\nRepeal and substitution of section 16 \u2013 restrictions on access to post and electronic\nnetworks .................................................................................................................................. 11\n\nMental Health (Amendment) Bill, 2021\nClause 1\n\nc\nIntroduced\nPage 7\n\nCAYMAN ISLANDS\n\nMENTAL HEALTH (AMENDMENT) BILL, 2021\n\nA BILL FOR AN ACT TO AMEND THE MENTAL HEALTH ACT, 2013 TO CLARIFY THE\nPROCEDURE RELATING TO EMERGENCY DETENTION ORDERS; TO PROVIDE FOR\nORDERS FOR PROTECTIVE CUSTODY; TO PROVIDE FOR RESTRICTIONS ON\nACCESS TO ELECTRONIC NETWORKS BY PATIENTS; AND FOR INCIDENTAL AND\nCONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\n1.\nShort title\n1.\nThis Act may be cited as the Mental Health (Amendment) Act, 2021.\n2.\nGeneral amendment of the Mental Health Act, 2013 - deletion of the words\n\"Governor in Cabinet\" and substitution\n2.\nThe Mental Health Act, 2013, in this Act referred to as the \u201cprincipal Act\u201d, is amended\nby deleting the words \u201cGovernor in Cabinet\u201d wherever they appear and substituting\nthe word \u201cCabinet\u201d.\n3.\nAmendment of section 2 - interpretation\n3.\nThe principal Act is amended in section 2 as follows \u2014\n(a)\nby deleting the definition of \u201cGovernor\u201d;\n\nClause 4\nMental Health (Amendment) Bill, 2021\n\nPage 8\nIntroduced\nc\n\n(b) in the definition of \u201cmedical officer\u201d, by deleting the words \u201cof the\nIslands\u201d;\n(c)\nin the definition of \u201cnearest relative\u201d, in paragraph (a), by deleting the\nwords \u201cor common law partner\u201d; and\n(d) by inserting, in the appropriate alphabetical sequence, the following\ndefinitions \u2014\n\u201c \u201cemergency detention order\u201d means an order made by a medical\nofficer under section 6(1B) or under section 12(6A);\n\u201clegal resident\u201d means \u2014\n(a)\na person who possesses Caymanian status under the repealed\nImmigration Act (2015 Revision) or any earlier law providing\nfor the same or similar rights, and includes a person who\nacquired that status under Part 5 of the Immigration (Transition)\nAct, 2018; or\n(b) a person entitled to reside in the Islands in accordance with the\nImmigration (Transition) Act, 2018, the repealed Immigration\nAct (2015 Revision) or any earlier law, and whose permission\nto so remain is still current and has not been revoked or lost in\nany way;\n\u201cobservation order\u201d means an order made by a medical officer\nunder section 8(1);\n\u201corder for protective custody\u201d means an order made by a medical\nofficer under section 6(1) or by a responsible medical officer under\nsection 12(5);\n\u201cprotective custody\u201d means an arrangement where a person is being\nsafeguarded by, or under the care and protection of, law enforcement\nauthorities;\n\u201cspouse\u201d in relation to a person, means a legal resident who is \u2014\n(a)\nthe legal husband or wife of that person; or\n(b) the civil partner of that person; and\n\u201ctreatment order\u201d means an order made by a responsible medical\nofficer under section 9(1);\u201d.\n4.\nAmendment of section 6 - emergency detention order\n4.\nThe principal Act is amended in section 6 as follows \u2014\n(a)\nby repealing subsection (1) and substituting the following subsections \u2014\n\u201c(1) If a medical officer is of the opinion that a person is or may be\nsuffering from a mental impairment or serious mental illness, the\n\nMental Health (Amendment) Bill, 2021\nClause 5\n\nc\nIntroduced\nPage 9\n\nmedical officer may make an order for protective custody in the\nprescribed form, directing a constable to \u2014\n(a)\ntake the person into protective custody; and\n(b) with all reasonable despatch, but no later than twelve hours after\nthe person is taken into protective custody, bring the person\nbefore a medical doctor employed by the Government to be\nexamined.\n(1A) The medical doctor who examines a person under subsection (1)\nshall, after conducting the examination, complete the prescribed form\nto be used in the assessment of the person.\n(1B) The medical officer under subsection (1) may, after consultation with\nthe medical doctor who examined the person under subsection (1),\nmake an emergency detention order in the prescribed form, directing\nthe detention of that person in a hospital or other place of safety for\nup to seventy-two hours.\n(1C) If the medical officer makes an emergency detention order under\nsubsection (1B), the medical officer shall \u2014\n(a)\nin writing, as soon as practicable thereafter, inform the Mental\nHealth Commission of the detention of the person;\n(b) supply the Mental Health Commission with a copy of the\nprescribed form under subsection (1A); and\n(c)\notherwise comply with any regulations that may be made under\nthis Act in that regard.\u201d; and\n(b) by repealing subsection (7).\n5.\nRepeal and substitution of section 7- apprehension of a person suspected\nto be a danger\n5.\nThe principal Act is amended by repealing section 7 and substituting the following\nsection \u2014\n\n\u201cApprehension of a person suspected to be a danger\n\n7.\n(1) Where it appears to a constable that a person \u2014\n(a)\nis, by reason of mental impairment or serious mental illness, an\nimmediate danger, or is likely to become a danger, to himself\nor other persons; or\n(b) is threatening, attempting or preparing to inflict self-harm,\nthe constable shall take the person into protective custody and, with\nall reasonable despatch but no later than twelve hours after the person\n\nClause 6\nMental Health (Amendment) Bill, 2021\n\nPage 10\nIntroduced\nc\n\nis taken into protective custody, bring the person before a medical\ndoctor employed by the Government to be examined.\n(2) A constable shall, upon taking the person to a medical doctor in\naccordance with subsection (1), immediately file the prescribed form\nwith the receiving medical doctor, and shall indicate in the prescribed\nform the grounds for the constable\u2019s actions under subsection (1).\n(3) The medical doctor referred to in subsection (1) shall, after\nconducting the examination \u2014\n(a)\ncomplete the prescribed form to be used in the assessment of\nthe patient; and\n(b) consult a medical officer.\n(4) If the medical officer referred to in subsection (3)(b) considers that\nthe patient should be further detained, the medical officer shall make\nan emergency detention order in the prescribed form, directing that\nthe patient be detained in a hospital or other place of safety able to\nreceive and care for that patient.\u201d.\n6.\nAmendment of section 9 \u2013 treatment order\n6.\nThe principal Act is amended in section 9(1) by deleting the words \u201cor violates an\nassisted outpatient treatment order\u201d.\n7.\nAmendment of section 12- assisted outpatient treatment order\n7.\nThe principal Act is amended in section 12 by repealing subsections (5) and (6) and\nsubstituting the following subsections \u2014\n\u201c(5) If the patient violates an assisted outpatient treatment order, the\nresponsible medical officer may make an order for protective custody\nin the prescribed form, directing a constable to \u2014\n(a) take the patient into protective custody; and\n(b) with all reasonable despatch, but no later than twelve hours after\nthe person is taken into protective custody, bring the patient\nbefore a medical doctor employed by the Government or a\nmedical officer to be examined.\n(6) The medical doctor employed by the Government or medical officer\nwho examines the patient under subsection (5) shall, after conducting\nthe examination, complete the prescribed form to be used in the\nassessment of the patient.\n(6A) Where a medical officer conducts the examination under subsection\n(5), if the medical officer considers that the patient should be further\ndetained, the medical officer shall make an emergency detention\n\nMental Health (Amendment) Bill, 2021\nClause 8\n\nc\nIntroduced\nPage 11\n\norder in the prescribed form, directing that the patient be detained in\na hospital or other place of safety able to receive and care for that\npatient.\n(6B) Where a medical doctor employed by the Government conducts the\nexamination under subsection (5) \u2014\n(a) the medical doctor employed by the Government shall consult\na medical officer; and\n(b) if the medical officer under paragraph (a) considers that the\npatient should be further detained, the medical officer shall\nmake an emergency detention order in the prescribed form,\ndirecting that the patient be detained in a hospital or other place\nof safety able to receive and care for that patient .\u201d.\n8.\nRepeal and substitution of section 16 \u2013 restrictions on access to post and\nelectronic networks\n8.\nThe principal Act is amended by repealing section 16 and substituting the following\nsection \u2014\n\n\u201cRestrictions on access to post and electronic networks\n16. (1) If, in the opinion of a responsible medical officer, the receipt of postal\npackets addressed to a patient detained under this Act or access to\nany electronic network directly or indirectly by a patient detained\nunder this Act may have an adverse effect on the patient \u2014\n(a)\nthe receipt of any such postal packet may be withheld and the\npostal packet returned to the sender if the sender can be\nidentified and located; and\n(b) access to any electronic network directly or indirectly by the\npatient may be denied.\n(2) Postal packets addressed by a patient detained under this Act for\ndespatch by the post office or any outgoing electronic\ncommunication may be withheld \u2014\n(a)\nif the addressee has given notice in writing to a responsible\nmedical officer requesting that postal packets or electronic\ncommunication addressed to the addressee by the patient should\nbe withheld; or\n(b) it appears to a responsible medical officer that the postal packet\nor electronic communication \u2014\n(i)\nwould be unreasonably offensive to the addressee;\n\nClause 8\nMental Health (Amendment) Bill, 2021\n\nPage 12\nIntroduced\nc\n\n(ii) is defamatory to other persons, other than the responsible\nmedical officer or persons having care of the patient; or\n(iii) would be likely to prejudice the interests of the patient.\n(3) Where \u2014\n(a)\na postal packet or any outgoing electronic communication has\nbeen withheld under subsection (1) or (2); or\n(b) access to any electronic network has been denied under\nsubsection (1),\nthe patient concerned or the patient\u2019s nearest relative may, within\nseven days after being informed of the decision, appeal to the Mental\nHealth Commission.\u201d.\n\nPassed by the Parliament the      day of                            , 2021.\n\nSpeaker\n\nClerk of the Parliament","akn_extracted_at":"2026-06-22 15:41:25.714954+00","cms_id":"2021-0001","law_type":"bill","year":"2021","number":"1","title":"Customs and Border Control (Amendment) Act, 2021 (act 1of 2021)","status":"bill"},"provenance":{"files":[{"file_id":"7064","expr_id":"2265","kind":"akn_xml","filename":"2021-0001.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2021\/2021-0001\/2021-0001.akn.xml","content_md5":"ccac631b6eb27b0bb0c5689b65d630b6","byte_size":"19175","http_last_modified":null,"fetched_at":"2026-06-22 15:41:25.795938+00"},{"file_id":"4529","expr_id":"2265","kind":"pristine_pdf","filename":"2021-0001.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2021\/2021-0001\/2021-0001.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/BILLS\/2021\/2021-0001\/2021-0001.pdf","content_md5":"d7ff7f6985a30156ae609576c8927a09","byte_size":"794424","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.327708+00"},{"file_id":"4530","expr_id":"2265","kind":"working_pdf","filename":"2021-0001.pdf","source_url":"\/cms\/images\/LEGISLATION\/BILLS\/2021\/2021-0001\/2021-0001.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/BILLS\/2021\/2021-0001\/2021-0001.pdf","content_md5":"d7ff7f6985a30156ae609576c8927a09","byte_size":"794424","http_last_modified":null,"fetched_at":"2026-06-16 04:01:11.327708+00"}],"paragraph_count":2,"latest_history":null},"quality":{"expr_id":"2265","doc_id":"2265","quality_state":"known_issue","quality_score":"59","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise,title_mismatch}","llm_categories":"{}","repair_actions":"{collapse_duplicate_text,strip_page_furniture,verify_title_metadata}","finding_severity_counts":"{\"low\": 1, \"high\": 1, \"medium\": 1}","finding_summary":"stored title is not visible in the opening extracted text; repeated line furniture detected: cayman islands x3; connected purposes x3; introduced x10","assessed_at":"2026-06-22 15:29:46.32264+00","updated_at":"2026-06-22 15:29:46.32264+00"}}