C1C2Part II Compulsory Admission to Hospital and Guardianship
Part II (ss. 2-34) modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para.3 (with saving in s. 8); S.I. 1991/2488, art. 2
F16Duration of authority and discharge
S. 20: cross-heading substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 32(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
23 Discharge of patients.
1
Subject to the provisions of this section and section 25 below, a patient who is for the time being liable to be detained or subject to guardianship under this Part of this Act shall cease to be so liable or subject if an order in writing discharging him F1absolutely from detention or guardianship is made in accordance with this section
F21A
Subject to the provisions of this section and section 25 below, a community patient shall cease to be liable to recall under this Part of this Act, and the application for admission for treatment cease to have effect, if an order in writing discharging him from such liability is made in accordance with this section.
1B
An order under subsection (1) or (1A) above shall be referred to in this Act as “ an order for discharge ”.
2
An order for discharge may be made in respect of a patient—
a
where the patient is liable to be detained in a hospital in pursuance of an application for admission for assessment or for treatment by the F3responsible clinician , by the managers or by the nearest relative of the patient;
b
where the patient is subject to guardianship, by the F3responsible clinician , by the responsible local social services authority or by the nearest relative of the patient.
F4c
where the patient is a community patient, by the responsible clinician, by the managers of the responsible hospital or by the nearest relative of the patient.
F173
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F17 3A
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4
The powers conferred by this section on any authority F5trust F6, boardF7(other than an NHS foundation trust) or body of persons may be exercised F5subject to subsection (5) below by any three or more members of that authority F5trustF6, board or body authorised by them in that behalf or by three or more members of a committee or sub-committee of that authority F5trustF6, board or body which has been authorised by them in that behalf.
F85
The reference in subsection (4) above to the members of an authority, trust F9, board or body or the members of a committee or sub-committee of an authority, trust F9, board or body,—
a
in the case of a F10Local Health BoardF18or Special Health AuthorityF19... or a committee or sub-committee of a F10Local Health BoardF18or Special Health AuthorityF19..., is a reference only to the chairman of the authority F20...F11 or board and F12such members (of the authority F20..., board, committee or sub-committee, as the case may be) as are not also officers of the authority F20...F11 or board, within the meaning of F13the National Health Service Act 2006 or the National Health Service (Wales) Act 2006; and
b
in the case of a National Health Service trust or a committee or sub-committee of such a trust, is a reference only to the chairman of the trust and such directors or (in the case of a committee or sub-committee) members as are not also employees of the trust.
F146
The powers conferred by this section on any NHS foundation trust may be exercised by any three or more F15 persons authorised by the board of the trust in that behalf each of whom is neither an executive director of the board nor an employee of the trust. .
Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)