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Mental Health Act 1983, Section 21 is up to date with all changes known to be in force on or before 02 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)Where a patient is absent without leave—
(a)on the day on which (apart from this section) he would cease to be liable to be detained or subject to guardianship under this Part of this Act [F2or, in the case of a community patient, the community treatment order would cease to be in force] ; or
(b)within the period of one week ending with that day,
he shall not cease to be so liable or subject [F3, or the order shall not cease to be in force,] until the relevant time.
(2)For the purposes of subsection (1) above the relevant time—
(a)where the patient is taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he is returned to the hospital or place where he ought to be;
(b)where the patient returns himself to the hospital or place where he ought to be within the period during which he can be taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he so returns himself; and
(c)otherwise, is the end of the period during which he can be taken into custody under section 18 above.
[F4(3)Where a patient is absent without leave on the day on which (apart from this section) the managers would be required under section 68 below to refer the patient's case to [F5the appropriate tribunal], that requirement shall not apply unless and until—
(a)the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or
(b)the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above.]
[F6(4)Where a community patient is absent without leave on the day on which (apart from this section) the 72-hour period mentioned in section 17F above would expire, that period shall not expire until the end of the period of 72 hours beginning with the time when—
(a)the patient is taken into custody under section 18 above and returned to the hospital where he ought to be; or
(b)the patient returns himself to the hospital where he ought to be within the period during which he can be taken into custody under section 18 above.
(5)Any reference in this section, or in sections 21A to 22 below, to the time when a community treatment order would cease, or would have ceased, to be in force shall be construed as a reference to the time when it would cease, or would have ceased, to be in force by reason only of the passage of time.]]
Textual Amendments
F2Words in s. 21(1)(a) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 6(2)(a) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F3Words in s. 21(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 6(2)(b) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F4S. 21(3) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)
F5Words in s. 21(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 40
F6S. 21(4)(5) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 6(3) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
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