Mental Health Act 1983, Section 76 is up to date with all changes known to be in force on or before 03 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)For the purpose of advising whether an application to [F1the appropriate tribunal] should be made by or in respect of a patient who is liable to be detained or subject to guardianship F2. . . under Part II of this Act [F3or a community patient,] or of furnishing information as to the condition of a patient for the purposes of such an application, any registered medical practitioner [F4or approved clinician] authorised by or on behalf of the patient or other person who is entitled to make or has made the application—
(a)may at any reasonable time visit the patient and examine him in private, and
(b)may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital [F5or to any after-care services provided for the patient under section 117 below.].
(2)Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.
Textual Amendments
F1Words in s. 76(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 57
F2Words in s. 76(1) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4)
F3Words in s. 76(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 22 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F4Words in s. 76(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 13(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F5Words in s. 76(1)(b) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 11(b)
Modifications etc. (not altering text)
C1S. 76 applied (with modifications) (1.4.1996) by S.I. 1996/295, reg. 2, Sch.
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