Part VIII Miscellaneous Functions of Local Authorities and the Secretary of State

After-care

117 After-care.

1

This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of F1a hospital direction made under section 45A above or a transfer direction made under section 47 or 48 above, and then cease to be detained and F2(whether or not immediately after so ceasing) leave hospital.

C1C22

It shall be the duty of the F10clinical commissioning group orF11... F3Local Health Board and of the local social services authority to provide, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the F12clinical commissioning group orF11... F3Local Health Board and the local social services authority are satisfied that the person concerned is no longer in need of such services F4; but they shall not be so satisfied in the case of a F5community patient while he remains such a patient. .

F62A

F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2B

Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.

F92C

References in this Act to after-care services provided for a patient under this section include references to services provided for the patient—

a

in respect of which direct payments are made under regulations under section 57 of the Health and Social Care Act 2001 or section 12A(4) of the National Health Service Act 2006, and

b

which would be provided under this section apart from the regulations.

F132D

Subsection (2), in its application to the clinical commissioning group, has effect as if for “to provide” there were substituted “to arrange for the provision of”.

2E

The Secretary of State may by regulations provide that the duty imposed on the clinical commissioning group by subsection (2) is, in the circumstances or to the extent prescribed by the regulations, to be imposed instead on another clinical commissioning group or the National Health Service Commissioning Board.

2F

Where regulations under subsection (2E) provide that the duty imposed by subsection (2) is to be imposed on the National Health Service Commissioning Board, subsection (2D) has effect as if the reference to the clinical commissioning group were a reference to the National Health Service Commissioning Board.

2G

Section 272(7) and (8) of the National Health Service Act 2006 applies to the power to make regulations under subsection (2E) as it applies to a power to make regulations under that Act.

3

In this F8section “ the F14 clinical commissioning group or F15 ... F3 Local Health Board ” means the F16clinical commissioning group orF15...F3Local Health Board, and “the local social services authority” means the local social services authority, for the area in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained.