Mental Health Act 1983

39 Information as to hospitals. E+W

(1) Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request—

(a) the [F1 integrated care board] F2 ... [F3 Local Health Board] for [F4 the area] in which that person resides or last resided; or

(b) [F5 [F6 NHS England] or] [F7 the National Assembly for Wales or any other] [F1 integrated care board] F2 ... [F3 Local Health Board] that appears to the court to be appropriate,

to furnish the court with such information as [F4 that [F1 integrated care board] F2 ... [F3 Local Health Board] [F8 or [F9 [F6 NHS England] or the] National Assembly for Wales] have] or can reasonably obtain with respect to the hospital or hospitals (if any) in [F4 their area] or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and [F4 that [F1 integrated care board] F2 ... [F3 Local Health Board] [F10 or [F9 [F6 NHS England] or the] National Assembly for Wales] shall] comply with any such request.

[F11 (1ZA) A request under this section to [F6 NHS England] may relate only to services or facilities the provision of which [F6 NHS England] arranges.]

[F12 (1A) In relation to a person who has not attained the age of 18 years, subsection (1) above shall have effect as if the reference to the making of a hospital order included a reference to a remand under section 35 or 36 above or the making of an order under section 44 below.

(1B) Where the person concerned has not attained the age of 18 years, the information which may be requested under subsection (1) above includes, in particular, information about the availability of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years.]

F13 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 39(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 15; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F2 Words in s. 39(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 28(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F3 Words in s. 39(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(a)

F4 Words in s. 39(1) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1)(3), 8, Sch. 1, Pt. III, para. 107(5)(a)

F5 Words in s. 39(1)(b) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 28(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F6 Words in s. 39 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F7 Words in s. 39(1)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(b)

F8 Words in s. 39(1) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(c)

F9 Words in s. 39(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 28(2)(f); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F10 Words in s. 39(1) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(d)

F11 S. 39(1ZA) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 28(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F12 S. 39(1A)(1B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 31(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(h) (with art. 3, Sch.)

F13 S. 39(2) repealed (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8, Sch. 1, Pt. III, para. 107(5)(b), Sch. 3 (with Sch. 2 para. 6)