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(introduced by section 53(1))
1WAmend the Mental Health Act 1983 as follows.
Commencement Information
I1Sch. 1 para. 1 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)
I2Sch. 1 para. 1 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)
2WAt the end of the title of section 130A insert “ : England ”.
Commencement Information
I3Sch. 1 para. 2 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)
I4Sch. 1 para. 2 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)
3WIn section 130A(1), (2) and (4) for “appropriate national authority” substitute “ Secretary of State ”.
Commencement Information
I5Sch. 1 para. 3 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)
I6Sch. 1 para. 3 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)
4WFor section 130C(2) substitute–
“(2)A patient is a qualifying patient if he is–
(a)liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England;
(b)subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in England;
(c)a community patient and the responsible hospital is situated in England.”
Commencement Information
I7Sch. 1 para. 4 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)
I8Sch. 1 para. 4 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)
5WIn section 130C(3) after “qualifying patient if” insert “ the patient is to be regarded as being in England for the purposes of this subsection and ”.
Commencement Information
I9Sch. 1 para. 5 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)
I10Sch. 1 para. 5 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)
6WAfter section 130C(3) insert–
“(3A)For the purposes of subsection (3), a patient is to be regarded as being in England if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130I(4), and published, by the Secretary of State and the Welsh Ministers.”
Commencement Information
I11Sch. 1 para. 6 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)
I12Sch. 1 para. 6 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)
7WOmit section 130C(5) and (6).
Commencement Information
I13Sch. 1 para. 7 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)
I14Sch. 1 para. 7 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)
8WIn section 134(3A)(b)(i) after “130A” insert “ or section 130E ”.
Commencement Information
I15Sch. 1 para. 8 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(j) (with art. 5)
I16Sch. 1 para. 8 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(k) (with art. 5)