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This version of this provision is prospective.![]()
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There are currently no known outstanding effects for the Mental Health Act 2025, Section 43.![]()
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Prospective
After section 132A of the Mental Health Act 1983 insert—
(1)Where a patient is discharged from a hospital or registered establishment under section 42(2), 73 or 74 and the discharge is a conditional discharge, the managers of the hospital or registered establishment must take such steps as are practicable to ensure that the patient understands—
(a)under which provision the patient is conditionally discharged and the effect of that provision;
(b)the effect of the provisions of this Act applying to patients who are conditionally discharged under that provision;
(c)what rights of applying to a tribunal are available to the patient while the patient is conditionally discharged;
(d)how to exercise any right the patient has to make complaints about—
(i)the carrying out of functions under this Act;
(ii)any medical treatment for mental disorder received while the patient is conditionally discharged;
(iii)the outcome of any complaint referred to in sub-paragraph (ii).
(2)Those steps must be taken as soon as practicable.
(3)The steps to be taken under subsection (1) must include giving the requisite information both orally and in writing.
(4)The managers of the hospital or registered establishment must, except where the patient otherwise requests, take such steps as are practicable to furnish the patient’s nominated person with a copy of any information given to the patient in writing under subsection (1).
(5)Those steps must be taken when the information is given to the patient or within a reasonable time thereafter.”
Commencement Information
I1S. 43 not in force at Royal Assent, see s. 56(3)
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