Health and Social Care Act 2012

Mental Health Act 1983 (c. 20)

28 (1) Section 39 (power of court to request information from hospitals) is amended as follows.

(2) In subsection (1)—

(a) omit “Primary Care Trust or” in each place it appears,

(b) in paragraph (a), after the first “the” insert “clinical commissioning group or”,

(c) in paragraph (b), at the beginning insert “the National Health Service Commissioning Board or”,

(d) in that paragraph, after “or any other” insert “clinical commissioning group or”,

(e) after “such information as that” insert “clinical commissioning group or”,

(f) after “Local Health Board or”, in each place it appears, insert “the National Health Service Commissioning Board or the”, and

(g) after “order, and that” insert “clinical commissioning group or”.

(3) After subsection (1) insert—

“(1ZA) A request under this section to the National Health Service Commissioning Board may relate only to services or facilities the provision of which the Board arranges.”

(4) In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.