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Mental Health Act 1983

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Changes over time for: SCHEDULE 1

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Changes to legislation:

Mental Health Act 1983, SCHEDULE 1 is up to date with all changes known to be in force on or before 21 November 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. Help about Changes to Legislation

Sections 40(1), 41(3) and (5), and 55(4).

SCHEDULE 1E+W Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders

Part IE+W Patients Not Subject to Special Restrictions

1E+WSections 9, 10, 17 [F1to 17C, 17E, 17F, 20A] , [F2 21 to 21B], F3... [F426] to 28, 31, 32, 67 and 76 shall apply in relation to the patient without modification.

Textual Amendments

F1Words in Sch. 1 Pt. 1 para. 1 inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 36(2) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F2Words in Sch. 1 Pt. I para. 1 substituted (1.4.1996) by 1995 c. 52, ss. 2(8), 7(2)

F3Words in Sch. 1 Pt. 1 para. 1 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 39(3)(a); S.I. 2012/1319, art. 2(3)

F4Word in Sch. 1 Pt. 1 para. 1 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 36(4), 56 (with Sch. 10); S.I. 2008/1210, art. 2(c) (with art. 4)

Modifications etc. (not altering text)

2E+WSections F5. . . [F617D, 17G, 18 to 20, 20B], 22, 23 F7. . . [F8, 66 and 68] shall apply in relation to the patient with the modifications specified in [F9paragraphs 2A][F10to 10] below.

[F112AE+WIn section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.

2BE+WIn section 17G—

(a)in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below;

(b)in subsection (4) for paragraphs (a) and (b) there shall be substituted the words the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital; and

(c)in subsection (5) for the words from “the patient” to the end there shall be substituted the words the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked.]

3E+WF12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4E+WIn section 18 subsection (5) shall be omitted.

5E+WIn section 19(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 or subject to guardianship before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred, or placing him under the guardianship of the authority or person into whose guardianship he is transferred, as the case may be”.

[F135AE+WIn section 19A(2), paragraph (b) shall be omitted.]

6E+WIn subsection 20—

(a)in subsection (1) for the words from “day on which he was” to “as the case may be” there shall be substituted the words “date of the relevant order or direction under Part III of this Act”; F14. . .

(b)F14. . .

Textual Amendments

[F156AE+WIn section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.]

7E+WIn section 22 for references to an application for admission or a guardianship application there shall be substituted references to the order or direction under Part III of this Act by virtue of which the patient is liable to be detained or subject to guardianship.

8E+WIn section 23(2)—

(a)in paragraph (a) the words “for assessment or” shall be omitted; and

(b)in paragraphs (a) [F16to (c)] the references to the nearest relative shall be omitted.

Textual Amendments

8AE+WF17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9E+WIn section 66—

(a)in subsection (1), paragraphs (a), (b), (c), (g) and (h), the words in parenthesis in paragraph (i) and paragraph (ii) shall be omitted; and

(b)in subsection (2), paragraphs (a), (b), (c) and (g) [F18, and in paragraph (d) “, (g)”, shall be omitted.].

Textual Amendments

F18Words in Sch. 1, para. 9(b) substituted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 14

[F1910E+WIn section 68—

(a)in subsection (1) paragraph (a) shall be omitted; and

(b)subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1), but not otherwise.]

Part IIE+W Patients Subject to Special Restrictions

1E+WSections F20... 32 and 76 shall apply in relation to the patient without modification.

Textual Amendments

F20

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)

2E+WSections [F2117, 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

3E+WIn section 17—

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

[F22(aa)subsections (2A) and (2B) shall be omitted;]

(b)in subsection (4) after the words [F23“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 [F24 “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 [F25twelve] months beginning with the first day of his absence on leave”.

Textual Amendments

F25Words 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)

4E+WIn 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).

5E+WIn 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;F26. . .

(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”; [F27and

(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

F26Words 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

F27Sch. 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

[F286E+WIn section 22, subsections (1) and (5) shall not apply.]

7E+WIn 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.

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

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