SCHEDULES

SCHEDULE 1 Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders

Part II Patients Subject to Special Restrictions

1

Sections F9... 32 and 76 shall apply in relation to the patient without modification.

2

Sections F117, 18, 19 , 22, 23 and 34 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 8 below.

3

In section 17—

a

in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;

F2aa

subsections (2A) and (2B) shall be omitted;

b

in subsection (4) after the words F3“the responsible clinician” and after the words “that clinician” there shall be inserted the words “or the Secretary of State”; and

c

in subsection (5) after the word “recalled” there shall be inserted the words F4 “by the responsible clinician” , and for the words from “he has ceased” to the end of the subsection there shall be substituted the words “the expiration of the period of F5twelve months beginning with the first day of his absence on leave”.

4

In section 18 there shall be omitted—

a

in subsection (1) the words “subject to the provisions of this section”; and

b

subsections (3), (4) and (5).

5

In section 19—

a

in subsection (1) after the word “may” in paragraph (a) there shall be inserted the words “with the consent of the Secretary of State”, and the words from “or into” to the end of the subsection shall be omitted;F6. . .

b

in subsection (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 before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred”; F7and

c

in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.

F86

In section 22, subsections (1) and (5) shall not apply.

7

In section 23—

a

in subsection (1) references to guardianship shall be omitted and after the word “made” there shall be inserted the words “with the consent of the Secretary of State and” and

b

in subsection (2)—

i

in paragraph (a) the words “for assessment or” and “or by the nearest relative of the patient” shall be omitted; and

ii

paragraph (b) shall be omitted.

8

In section 34, in subsection (1) the definition of “the nominated medical attendant” and subsection (3) shall be omitted.