MEMORANDUM.

1. The main object of this Bill is to alter the definitions of defectives which are contained in the Mental Deficiency Act, 1913. Under these definitions only persons who are mentally defective from birth or from an early age come within the Act, and there is thus no power to deal with cases where the defectiveness arises at a later stage, e.g., cases due to the disease known as Encephalitis Lethargica, which particularly need the sort of care and treatment which can be provided in a mental deficiency colony. The effect of the Bill (clause 1) is to eliminate the words "from birth or from an early age and to bring within the scope of the Act all cases of mental deficiency "whether innate or induced after birth by disease, injury or other cause."

2. Under the existing Act a defective may be placed under care if he is found to be also neglected, abandoned or without visible means of support or cruelly treated. Clause 2 (1) of the Bill adds to these categories any defective not under proper care and control.

3. Subsections (2) and (3) of clause 2 are designed to provide that any case may be dealt with by any one of the three methods recognised by the Act, viz., supervision, guardianship or institutional care.

4. Clause 3 adds "absence abroad" to the cases in which an Order may be made without the consent of a parent or guardian.

5. Clause 4 provides that if a patient is away from an institution on leave of absence, he need not be brought back to the institution for examination in connection with the continuation report required under section 11 of the Act.

6. Clause 5 makes explicit the power and duty of local authorities to provide suitable training for mental defectives.

7. Although the Act authorises the combination of local authorities, it does not enable a local authority to provide additional beds which could be lent to other authorities. Clause 6 (1) provides for such a procedure.

8. Clause 6 (2) enables the local mental deficiency authority and the local education authority (who have responsibility for certain classes of defectives of school age) to provide an institution jointly.

ARRANGEMENT OF CLAUSES.

Clause. 1.

Definition of defectives.

2. Amendment of section 2 of principal Act. 3. Amendment of section 6 of principal Act. 4. Amendment of section 11 of principal Act.

5. Amendment of sections 21 and 30 of principal Act.

[The words enclosed in brackets and underlined were omitted by the Lords to avoid questions of privilege.]

A

BILL

INTITULED

An Act to amend certain enactments relating to A.D. 1926. mental defectives.

E it enacted by the King's most Excellent Majesty,

BB by

and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, 5 as follows:

1.--(1) The following section shall be substituted Definition of for section one of the Mental Deficiency Act, 1913 (in defectives. this Act referred to as "the principal Act")

3 & 4 Geo. 5.

"1.-(1) The following classes of persons who c. 28.
are mentally defective shall be deemed to be
defectives within the meaning of this Act:-

"(a) Idiots, that is to say, persons in whose
case there exists mental defectiveness
of such a degree that they are unable
to guard themselves against common
physical dangers:

"(b) Imbeciles, that is to say, persons in
whose case there exists mental defective-
ness which, though not amounting to
idiocy, is yet so pronounced that they
are incapable of managing themselves or
their affairs or, in the case of children, of
being taught to do so:

"(c) Feeble-minded persons, that is to say,
persons in whose case there exists mental
defectiveness which, though not amount-
ing to imbecility, is yet so pronounced