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Mental Health Act 1983

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Changes over time for: Part I

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Version Superseded: 01/07/2012

Status:

Point in time view as at 03/01/2012.

Changes to legislation:

Mental Health Act 1983, Part I is up to date with all changes known to be in force on or before 31 October 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

Part IE+W Patients Not Subject to Special Restrictions

1E+WSections 9, 10, 17 [F1to 17C, 17E, 17F, 20A] , [F2 21 to 21B], 24(3) and (4), [F326] to 28, 31, 32, 67 and 76 shall apply in relation to the patient without modification.

2E+WSections F4. . . [F517D, 17G, 18 to 20, 20B], 22, 23 F6. . . [F7, 66 and 68] shall apply in relation to the patient with the modifications specified in [F8paragraphs 2A][F9to 10] below.

[F102AE+WIn section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.

2BE+WIn section 17G—

(a)in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below;

(b)in subsection (4) for paragraphs (a) and (b) there shall be substituted the words the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital; and

(c)in subsection (5) for the words from “the patient” to the end there shall be substituted the words the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked.]

3E+WF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4E+WIn section 18 subsection (5) shall be omitted.

5E+WIn section 19(2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained or subject to guardianship before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred, or placing him under the guardianship of the authority or person into whose guardianship he is transferred, as the case may be”.

[F125AE+WIn section 19A(2), paragraph (b) shall be omitted.]

6E+WIn subsection 20—

(a)in subsection (1) for the words from “day on which he was” to “as the case may be” there shall be substituted the words “date of the relevant order or direction under Part III of this Act”; F13. . .

(b)F13. . .

Textual Amendments

[F146AE+WIn section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.]

7E+WIn section 22 for references to an application for admission or a guardianship application there shall be substituted references to the order or direction under Part III of this Act by virtue of which the patient is liable to be detained or subject to guardianship.

8E+WIn section 23(2)—

(a)in paragraph (a) the words “for assessment or” shall be omitted; and

(b)in paragraphs (a) [F15to (c)] the references to the nearest relative shall be omitted.

Textual Amendments

8AE+WF16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9E+WIn section 66—

(a)in subsection (1), paragraphs (a), (b), (c), (g) and (h), the words in parenthesis in paragraph (i) and paragraph (ii) shall be omitted; and

(b)in subsection (2), paragraphs (a), (b), (c) and (g) [F17, and in paragraph (d) “, (g)”, shall be omitted.].

Textual Amendments

F17Words in Sch. 1, para. 9(b) substituted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 14

[F1810E+WIn section 68—

(a)in subsection (1) paragraph (a) shall be omitted; and

(b)subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1), but not otherwise.]

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