Modifications etc. (not altering text)
C1Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)
C2Part 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
(1)In this Part of this Act—
[F1 “ the appropriate practitioner ” means—
in the case of a patient who is subject to the guardianship of a person other than a local social services authority, the nominated medical attendant of the patient; and
in any other case, the responsible clinician;]
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the nominated medical attendant”, in relation to a patient who is subject to the guardianship of a person other than a local social services authority, means the person appointed in pursuance of regulations made under section 9(2) above to act as the medical attendant of the patient;
[F3“registered establishment” means an establishment which would not, apart from subsection (2) below, be a hospital for the purposes of this Part and which—
(a)in England, is a hospital as defined by section 275 of the National Health Service Act 2006 that is used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, which relates to the assessment or medical treatment of mental disorder and in respect of which a person is registered under Chapter 2 of that Part; and
(b)in Wales, is an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act;]
[F4 “ the responsible clinician ” means—
in relation to a patient liable to be detained by virtue of an application for admission for assessment or an application for admission for treatment, or a community patient, the approved clinician with overall responsibility for the patient's case;
in relation to a patient subject to guardianship, the approved clinician authorised by the responsible local social services authority to act (either generally or in any particular case or for any particular purpose) as the responsible clinician;]
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1A)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)Except where otherwise expressly provided, this Part of this Act applies in relation to [F6a registered establishment], as it applies in relation to a hospital, and references in this Part of this Act to a hospital, and any reference in this Act to a hospital to which this Part of this Act applies, shall be construed accordingly.
(3)In relation to a patient who is subject to guardianship in pursuance of a guardianship application, any reference in this Part of this Act to the responsible local social services authority is a reference—
(a)where the patient is subject to the guardianship of a local social services authority, to that authority;
(b)where the patient is subject to the guardianship of a person other than a local social services authority, to the local social services authority for the area in which that person resides.
Textual Amendments
F1Definition of "the appropriate practitioner" in s 34(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(9), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F2Definitions of "the community responsible medical officer" and "the supervisor" in s 34(1) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4)
F3Definition of "registered establishment" in s. 34(1) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 5(3)
F4Definition of "the responsible clinician" in s 34(1) substituted (3.11.2008) for definition of "the responsible medical officer" by Mental Health Act 2007 (c. 12), ss. 9(10), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F5S. 34(1A) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4)
F6Words in s. 34(2) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(4)(b); 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))