Mental Health Act 1983

24 Visiting and examination of patients. E+W

(1) For the purpose of advising as to the exercise by the nearest relative of a patient who is liable to be detained or subject to guardianship under this Part of this Act [F1 , or who is a community patient,] of any power to order his discharge, any registered medical practitioner [F2 or approved clinician] authorised by or on behalf of the nearest relative of the patient may, at any reasonable time, visit the patient and examine him in private.

(2) Any registered medical practitioner [F2 or approved clinician] authorised for the purposes of subsection (1) above to visit and examine a patient may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital [F3 or to any after-care services provided for the patient under section 117 below.].

(3) Where application is made by the Secretary of State or a [F4 [F5 Local Health Board] , Special Health Authority [F6 , Primary Care Trust ]][F7 , National Health Service trust or NHS foundation trust] to exercise [F8 any power under section 23(3) above to make an order for a patient's discharge] , the following persons, that is to say—

(a) any registered medical practitioner [F2 or approved clinician] authorised by the Secretary of State or, as the case may be, that [F4 [F5 Local Health Board] , Special Health Authority [F6 , Primary Care Trust][F7 , National Health Service trust or NHS foundation trust]]; and

(b) any other person (whether a registered medical practitioner [F2 or approved clinician] or not) authorised under [F9 Part II of the Care Standards Act 2000] [F10 or Part 1 of the Health and Social Care Act 2008] to inspect [F11 the establishment in question] ,

may at any reasonable time visit the patient and interview him in private.

(4) Any person authorised for the purposes of subsection (3) above to visit a patient may require the production of and inspect any documents constituting or alleged to constitute the authority for the detention of the patient [F12 , or (as the case may be) for his liability to recall,] under this Part of this Act; and any person so authorised, who is a registered medical practitioner [F2 or approved clinician] , may examine the patient in private, and may require the production of and inspect any other records relating to the treatment of the patient in [F13 the establishment] [F3 or to any after-care services provided for the patient under section 117 below.].

Textual Amendments

F1 Words in s. 24(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 11(2) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F2 Words in s. 24 inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(7), 56, (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F3 Words in s. 24(2)(4) inserted (1.4.1996) by 1995 c .52, ss. 1(2), 7(2), Sch. 1, para. 1

F4 Words in s. 24(3) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1), Sch. 1, Pt. III, para. 107(3) (with ss. 2(3), 8)

F5 Words in s. 24(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(3)

F6 Words in s. 24(3) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(5) (with art. 2(5))

F7 Words in s. 24(3) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 54; S.I. 2004/759, art.2

F8 Words in s. 24(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 11(3)(a) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F9 Words in s. 24(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(3); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions in Schs. 1-3 and art. 3(4)-(10))

F10 Words in s. 24(3)(b) inserted (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(2)

F11 Words in s. 24(3)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 11(3)(b) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F12 Words in s. 24(4) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 11(4)(a) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F13 Words in s. 24(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 11(4)(b) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)