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Mental Health Act 1983, Section 17B is up to date with all changes known to be in force on or before 04 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)A community treatment order shall specify conditions to which the patient is to be subject while the order remains in force.
(2)But, subject to subsection (3) below, the order may specify conditions only if the responsible clinician, with the agreement of the approved mental health professional mentioned in section 17A(4)(b) above, thinks them necessary or appropriate for one or more of the following purposes—
(a)ensuring that the patient receives medical treatment;
(b)preventing risk of harm to the patient's health or safety;
(c)protecting other persons.
(3)The order shall specify—
(a)a condition that the patient make himself available for examination under section 20A below; and
(b)a condition that, if it is proposed to give a certificate under Part 4A of this Act [F2that falls within section 64C(4) below] in his case, he make himself available for examination so as to enable the certificate to be given.
(4)The responsible clinician may from time to time by order in writing vary the conditions specified in a community treatment order.
(5)He may also suspend any conditions specified in a community treatment order.
(6)If a community patient fails to comply with a condition specified in the community treatment order by virtue of subsection (2) above, that fact may be taken into account for the purposes of exercising the power of recall under section 17E(1) below.
(7)But nothing in this section restricts the exercise of that power to cases where there is such a failure.]
Textual Amendments
F1Ss. 17A-17G inserted (1.4.2008 s. 17F for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32(2), 56 (with Sch. 10); S.I. 2008/745, art. 2(c)(i); S.I. 2008/1900, art. 2(i) (with art. 3, Sch. )
F2Words in s. 17B(3)(b) inserted (1.6.2012) by Health and Social Care Act 2012 (c. 7), ss. 299(6), 306(4); S.I. 2012/1319, art. 2(2)
Modifications etc. (not altering text)
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