Mental Health Act 1983

119 Practitioners approved for Part IV and s. 118. E+W

(1) [F1 The regulatory authority] may make such provision as [F2 it] may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of registered medical practitioners appointed [F3 by the authority] for the purposes of Part IV of this Act and section 118 above and to or in respect of other persons appointed for the purposes of section 57(2)(a) above.

(2) A registered medical practitioner or other person appointed F4 ... for the purposes of the provisions mentioned in subsection (1) above may, for the purpose of exercising his functions under those provisions [F5 or under Part 4A of this Act], at any reasonable time—

(a) visit and interview and, in the case of a registered medical practitioner, examine in private any patient detained [F6 in a hospital or registered establishment or any community patient in a hospital or [F7 regulated establishment (other than a hospital)] or (if access is granted) other place]; and

(b) require the production of and inspect any records relating to the treatment of the patient [F8 there].

[F9 (3) In this section “regulated establishment” means—

(a) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000; F10 ...

(b) premises used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, in respect of which a person is registered under Chapter 2 of that Part [F11 ; or

(c) premises at which—

(i) a care home service,

(ii) a secure accommodation service, or

(iii) a residential family centre service,

within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided by a person registered under Part 1 of that Act.]]

Textual Amendments

F1 Words in s. 119(1) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 7(2)(a); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F2 Word in s. 119(1) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 7(2)(b); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F3 Words in s. 119(1) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 7(2)(c); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F4 Words in s. 119(2) repealed (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 166, 170, Sch. 3 para. 7(3), Sch. 15 Pt. 1; S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 36 (with Sch. 4)

F5 Words in s. 119(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(2)(a)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)

F6 Words in s. 119(2)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(2)(a)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)

F7 Words in s. 119(2)(a) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 5(4)(a)

F8 Words in s. 119(2)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 35(2)(a)(iii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(k) (with art. 3, Sch.)

F9 S. 119(3) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 5(4)(b)

F10 Word in s. 119(3)(a) omitted (2.4.2018) by virtue of The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 4(a)

F11 S. 119(3)(c) and word inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 4(b)

Modifications etc. (not altering text)

C1 S. 119(1): functions transferred (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52(1)(h), 170 (with s. 96); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 20