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Mental Health Act 1983

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Changes over time for: Section 77

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Changes to legislation:

Mental Health Act 1983, Section 77 is up to date with all changes known to be in force on or before 17 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

77 General provisions concerning tribunal applications.E+W

(1)No application shall be made to [F1the appropriate tribunal by or in respect of a patient under this Act] except in such cases and at such times as are expressly provided by this Act.

(2)Where under this Act any person is authorised to make an application to [F2the appropriate tribunal] within a specified period, not more than one such application shall be made by that person within that period but for that purpose there shall be disregarded any application which is withdrawn in accordance with [F3Tribunal Procedure Rules or] rules made under section 78 below.

(3)Subject to subsection (4) below an application to [F4a tribunal] authorised to be made by or in respect of a patient under this Act shall be made by notice in writing addressed

[F5(a)in the case of a patient who is liable to be detained in a hospital, [F6to the First-tier Tribunal where that hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales];

(b)in the case of a community patient, [F7to the First-tier Tribunal where the responsible hospital is in England and to the Mental Health Review Tribunal for Wales where that hospital is in Wales];

(c)in the case of a patient subject to guardianship, [F8to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales].]

(4)Any application under section 75(2) above shall be made [F9to the First-tier Tribunal where the patient resides in England and to the Mental Health Review Tribunal for Wales where the patient resides in Wales].

Textual Amendments

F5S. 77(3)(a)(b)(c) substituted (3.11.2008) for words in s. 77(3) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 23 (with Sch. 10); S.I. 2008/1210, art. 2(b) (with art. 4)

Modifications etc. (not altering text)

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