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Mental Health Act 1983

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Changes to legislation:

Mental Health Act 1983, Section 132 is up to date with all changes known to be in force on or before 09 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. Help about Changes to Legislation

132 Duty of managers of hospitals to give information to detained patients.E+W

(1)The managers of a hospital or [F1registered establishment] in which a patient is detained under this Act shall take such steps as are practicable to ensure that the patient understands—

(a)under which of the provisions of this Act he is for the time being detained and the effect of that provision; and

(b)what rights of applying to a [F2tribunal] are available to him in respect of his detention under that provision;

and those steps shall be taken as soon as practicable after the commencement of the patient’s detention under the provision in question.

(2)The managers of a hospital or [F1registered establishment] in which a patient is detained as aforesaid shall also take such steps as are practicable to ensure that the patient understands the effect, so far as relevant in his case, of sections 23, 25, 56 to 64, 66(1)(g), 118 and 120 above and section 134 below; and those steps shall be taken as soon as practicable after the commencement of the patient’s detention in the hospital or [F3establishment] .

(3)The steps to be taken under subsections (1) and (2) above shall include giving the requisite information both orally and in writing.

(4)The managers of a hospital or [F1registered establishment] in which a patient is detained as aforesaid shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsections (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.

Textual Amendments

F1Words in s. 132(1)(2)(4) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); 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) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))

F3Words in s. 132(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 29 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

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