Part V Mental Health Review Tribunals
Discharge of patients
75 Applications and references concerning conditionally discharged restricted patients.
1
Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above and is subsequently recalled to hospital—
a
the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to F1the appropriate tribunal; and
b
section 70 above shall apply to the patient as if the relevant hospital order F2, hospital direction or transfer direction had been made on that day.
2
Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to F3the appropriate tribunal—
a
in the period between the expiration of 12 months and the expiration of two years beginning with the date on which he was conditionally discharged; and
b
in any subsequent period of two years.
3
Sections 73 and 74 above shall not apply to an application under subsection (2) above but on any such application the tribunal may—
a
vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or
b
direct that the restriction order F4, limitation direction or restriction direction to which he is subject shall cease to have effect;