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Mental Health Act 1983
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- UK Public General Acts
- 1983 c. 20
- SCHEDULE 5
- Paragraph 34
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Changes over time for: Paragraph 34
Version Superseded: 03/11/2008
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- 01/02/1991- Amendment
- 05/02/1994
Point in time - 03/11/2008- Amendment
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34(1)Any patient who is liable to be detained in a hospital or subject to guardianship by virtue of paragraph 31 above shall (subject to the exceptions and modifications specified in the following provisions of this paragraph) be treated as if he had been admitted to the hospital in pursuance of an application for admission for treatment under Part II of this Act or had been received into guardianship in pursuance of a guardianship application under the said Part II and had been so admitted or received as a patient suffering from the form or forms of mental disorder recorded under paragraph 7 of Schedule 6 to the M1Mental Health Act 1959 or, if a different form or forms have been specified in a report under section 38 of that Act as applied by that paragraph, the form or forms so specified.
(2)Section 20 of this Act shall not apply in relation to the patient, but the provisions of paragraph 33 above shall apply instead.
(3)Any patient to whom paragraph 9(3) of Schedule 6 to the Mental Health Act 1959 applied at the commencement of this Act who fell within paragraph (b) of that paragraph shall cease to be liable to be detained on attaining the age of 25 years unless, during the period of two months ending on the date when he attains that age, the responsible medical officer records his opinion under the following provisions of this Schedule that the patient is unfit for discharge.
(4)If the patient was immediately before 1st November 1960 liable to be detained by virtue of section 6, 8(1) or 9 of the M2Mental Deficiency Act 1913, the power of discharging him under section 23 of this Act shall not be exercisable by his nearest relative, but his nearest relative may make one application in respect of him to a Mental Health Review Tribunal in any period of 12 months.
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