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Mental Health Act 1983
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Mental Health Act 1983, Section 116 is up to date with all changes known to be in force on or before 19 November 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.
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116 Welfare of certain hospital patients.E+W+S
(1)Where a patient to whom this section applies is admitted to a hospital [F1independent hospital or care home] in England and Wales (whether for treatment for mental disorder or for any other reason) then, without prejudice to their duties in relation to the patient apart from the provisions of this section, the authority shall arrange for visits to be made to him on behalf of the authority, and shall take such other steps in relation to the patient while in the hospital or nursing home as would be expected to be taken by his parents.
(2)This section applies to-
[F2(a)a child or young person—
(i)who is in the care of a local authority by virtue of a care order within the meaning of the M1 Children Act 1989, or
(ii)in respect of whom the rights and powers of a parent are vested in a local authority by virtue of section 16 of the M2Social Work (Scotland) Act 1968;]
(b)a person who is subject to the guardianship of a local social services authority under the provisions of this Act F3. . . ; or
(c)a person the functions of whose nearest relative under this Act F3. . . are for the time being transferred to a local social services authority.
Textual Amendments
F1Words in s. 116(1) substituted (1.4.2002 for E.W and otherwise (prosp.)) by 2000 c. 14, s. 116, Sch. 4 para. 9(5); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions in Schs. 1-3 and art. 3(4)-(10))
F2S. 116(2)(a) substituted (14.10.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 42; S.I. 1991/1883, art. 3, Sch.
F3Words in s. 116(2)(b)(c) repealed (S.) (27.9.2005) by virtue of The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.I. 2005/465), art. 3, Sch. 2 and words in s. 116(2)(b)(c) repealed (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions Order) 2005 (S.I. 2005/2078), art. 16, Sch. 3
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