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Mental Health Act 1983

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Changes over time for: Section 39

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Version Superseded: 01/04/2013

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Point in time view as at 03/01/2012. This version of this provision has been superseded. Help about Status

Changes to legislation:

Mental Health Act 1983, Section 39 is up to date with all changes known to be in force on or before 31 October 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

39 Information as to hospitals.E+W

(1)Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request—

(a)the [F1Primary Care Trust or][F2Local Health Board] for [F3the area] in which that person resides or last resided; or

(b)[F4the National Assembly for Wales or any other][F1Primary Care Trust or][F2Local Health Board] that appears to the court to be appropriate,

to furnish the court with such information as [F3that [F1Primary Care Trust or][F2Local Health Board][F5or National Assembly for Wales] have] or can reasonably obtain with respect to the hospital or hospitals (if any) in [F3their area] or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and [F3that [F1Primary Care Trust or][F2Local Health Board][F6or National Assembly for Wales] shall] comply with any such request.

[F7(1A)In relation to a person who has not attained the age of 18 years, subsection (1) above shall have effect as if the reference to the making of a hospital order included a reference to a remand under section 35 or 36 above or the making of an order under section 44 below.

(1B)Where the person concerned has not attained the age of 18 years, the information which may be requested under subsection (1) above includes, in particular, information about the availability of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years.]

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 39(1) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 46; S.I. 2002/2478, art. 3(1)(d) (with saving in art. 3(3) and transitional provision in art. 4)

F2Words in s. 39(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(a)

F3Words in s. 39(1) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1)(3), 8, Sch. 1, Pt. III, para. 107(5)(a)

F4Words in s. 39(1)(b) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(b)

F5Words in s. 39(1) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(c)

F6Words in s. 39(1) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(8)(d)

F7S. 39(1A)(1B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 31(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(h) (with art. 3, Sch.)

F8S. 39(2) repealed (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1), 8, Sch. 1, Pt. III, para. 107(5)(b), Sch. 3 (with Sch. 2 para. 6)

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