SCHEDULE 1CONSEQUENTIAL AMENDMENTS TO THE MENTAL HEALTH ACT 1983

(introduced by section 53(1))

I10I11

Amend the Mental Health Act 1983 as follows.

I11I22

At the end of the title of section 130A insert “ : England ”.

I12I33

In section 130A(1), (2) and (4) for “appropriate national authority” substitute “ Secretary of State ”.

I13I44

For section 130C(2) substitute–

2

A patient is a qualifying patient if he is–

a

liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England;

b

subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in England;

c

a community patient and the responsible hospital is situated in England.

I14I55

In section 130C(3) after “qualifying patient if” insert “ the patient is to be regarded as being in England for the purposes of this subsection and ”.

I15I66

After section 130C(3) insert–

3A

For the purposes of subsection (3), a patient is to be regarded as being in England if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130I(4), and published, by the Secretary of State and the Welsh Ministers.

I16I77

Omit section 130C(5) and (6).

I17I88

In section 134(3A)(b)(i) after “130A” insert “ or section 130E ”.

I18I9SCHEDULE 2REPEALS

(introduced by section 54)

Annotations:
Commencement Information
I18

Sch. 2 in force in so far as not already in force at 2.4.2012 by S.I. 2011/3046, art. 3(k) (with art. 5)

I9

Sch. 2 in force for specified purposes at 3.1.2012 by S.I. 2011/3046, art. 2(l) (with art. 5)

Short title and chapter

Extent of repeal

Mental Health Act 1983 (c. 20)

In section 130C, subsections (5) and (6).