Mental Health Act 1983

Part II E+W Patients Subject to Special Restrictions

1 E+W Sections F1 ... 32 and 76 shall apply in relation to the patient without modification.

Textual Amendments

F1

Words in Sch. 1 Pt. 2 para. 1 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 39(3)(b); S.I. 2012/1319, art. 2(3)

2 E+W Sections [F2 17, 18, 19] , 22, 23 and 34 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 8 below.

Textual Amendments

F2 Words in Sch. 1 Pt. 2 para. 2 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 37(2) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

3 E+W In section 17—

(a) in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;

[F3 (aa) subsections (2A) and (2B) shall be omitted;]

(b) in subsection (4) after the words [F4 “the responsible clinician” and after the words “that clinician”] there shall be inserted the words “or the Secretary of State”; and

(c) in subsection (5) after the word “recalled” there shall be inserted the words [F5 “by the responsible clinician”] , and for the words from “he has ceased” to the end of the subsection there shall be substituted the words “the expiration of the period of [F6 twelve] months beginning with the first day of his absence on leave”.

Textual Amendments

F3 Sch. 1 Pt. 2 para. 3(aa) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 33(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(j) (with art. 3, Sch.)

F4 Words in Sch. 1 Pt. 2 para. 3(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(8)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F5 Words in Sch. 1 Pt. 2 para. 3(c) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(8)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F6 Words in Sch. 1, Pt. II, para. 3(c) substituted (1.4.1996 with application as mentioned in s. 3(3) of substituting Act) by 1995 c. 52, ss. 3(2)(3), 7(2)

4 E+W In section 18 there shall be omitted—

(a) in subsection (1) the words “subject to the provisions of this section”; and

(b) subsections (3), (4) and (5).

5 E+W In section 19—

(a) in subsection (1) after the word “may” in paragraph (a) there shall be inserted the words “with the consent of the Secretary of State”, and the words from “or into” to the end of the subsection shall be omitted;F7 . . .

(b) in subsection (2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred”; [F8 and

(c) in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.]

Textual Amendments

F7 Words in Sch. 1 Pt. II immediately following para. 5(a) repealed (1.10.1997) by 1997 c. 43, ss. 49(4)(a), 56(2), Sch. 6; S.I. 1997/2200, art. 2

F8 Sch. 1 Pt. II para. 5(c) and the word “and” immediately preceding it inserted (1.10.1997) by 1997 c. 43, s. 49(4)(b); S.I. 1997/2200, art. 2

[F9 6 E+W In section 22, subsections (1) and (5) shall not apply.]

Textual Amendments

F9 Sch. 1 Pt. 2 para. 6 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 37(3) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

7 E+W In section 23—

(a) in subsection (1) references to guardianship shall be omitted and after the word “made” there shall be inserted the words “with the consent of the Secretary of State and” and

(b) in subsection (2)—

(i) in paragraph (a) the words “for assessment or” and “or by the nearest relative of the patient” shall be omitted; and

(ii) paragraph (b) shall be omitted.

8 E+W In section 34, in subsection (1) the definition of “the nominated medical attendant” and subsection (3) shall be omitted.