Mental Health Act 1983

[F1 130C Section 130A: supplemental E+W

(1) This section applies for the purposes of section 130A above.

[F2 (2) A patient is a qualifying patient if he is–

(a) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England;

(b) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in England;

(c) a community patient and the responsible hospital is situated in England.]

(3) A patient is also a qualifying patient if [F3 the patient is to be regarded as being in England for the purposes of this subsection and]—

(a) not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 57 above applies; or

(b) not having attained the age of 18 years and not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 58A above applies.

[F4 (3A) For the purposes of subsection (3), a patient is to be regarded as being in England if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130I(4), and published, by the Secretary of State and the Welsh Ministers.]

(4) Where a patient who is a qualifying patient falling within subsection (3) above is informed that the treatment concerned is proposed in his case, he remains a qualifying patient falling within that subsection until—

(a) the proposal is withdrawn; or

(b) the treatment is completed or discontinued.

F5 ( 5 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5 ( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F1 Ss. 130A-130D inserted (1.4.2008 for ss. 130A, 130C for certain purposes, otherwise 3.11.2008 for W. and 1.4.2009 for E.) by Mental Health Act 2007 (c. 12), ss. 30(2), 56 (with Sch. 10); S.I. 2008/745, arts. 2(b)(i), 3(d): S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a)

F2 S. 130C(2) substituted (3.1.2012 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 4; S.I. 2011/3046, art. 2(k), 3(j) (with art. 5)

F3 Words in s. 130C(3) inserted (3.1.2012 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 5; S.I. 2011/3046, art. 2(k), 3(j) (with art. 5)

F4 S. 130C(3A) inserted (3.1.2012 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 6; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)

F5 S. 130C(5)(6) repealed (3.1.2012 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 7, Sch. 2; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)