- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/1997)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 31/03/2005
Point in time view as at 01/10/1997. This version of this provision has been superseded.
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Mental Health Act 1983, Section 71 is up to date with all changes known to be in force on or before 01 September 2024. 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.
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(1)The Secretary of State may at any time refer the case of a restricted patient to a Mental Health Review Tribunal.
(2)The Secretary of State shall refer to a Mental Health Review Tribunal the case of any restricted patient detained in a hospital whose case has not been considered by such a tribunal, whether on his own application or otherwise, within the last three years.
(3)The Secretary of State may by order vary the length of the period mentioned in subsection (2) above.
(4)Any reference under subsection (1) above in respect of a patient who has been conditionally discharged and not recalled to hospital shall be made to the tribunal for the area in which the patient resides.
(5)Where a person who is treated as subject to a hospital order and a restriction order by virtue of an order under section 5(1) of the M1Criminal Procedure (Insanity) Act 1964 does not exercise his right to apply to a Mental Health Review Tribunal in the period of six months beginning with the date of that order, the Secretary of State shall at the expiration of that period refer his case to a tribunal.
(6)For the purposes of subsection (5) above a person who applies to a tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a patient withdraws his application on a date after the expiration of the period there mentioned the Secretary of State shall refer his case as soon as possible after that date.
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