Mental Health Act 1983

79 Interpretation of Part V. E+W

(1) In this Part of this Act “restricted patient” means a patient who is subject to a restriction order [F1 , limitation direction]or restriction direction and this Part of this Act shall, subject to the provisions of this section, have effect in relation to any person who—

[F2 (a) is treated by virtue of any enactment as subject to a hospital order and a restriction order; or]

(b) F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) is treated as subject to a hospital order and a restriction order or to a transfer direction and a restriction direction by virtue of section 82(2) or 85(2) below or [F4 section 77(2) of the Mental Health (Scotland) Act 1984],

as it has effect in relation to a restricted patient.

(2) Subject to the following provisions of this section, in this Part of this Act “the relevant hospital order”[F5 , “the relevant hospital direction”]and “the relevant transfer direction”, in relation to a restricted patient, mean the hospital order [F5 , the hospital direction]or transfer direction by virtue of which he is liable to be detained in a hospital.

(3) In the case of a person within paragraph (a) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the direction referred to in that paragraph.

(4) In the case of a person within paragraph (b) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in that paragraph.

(5) In the case of a person within paragraph (c) of subsection (1) above, references in this Part of this Act to the relevant hospital order, the relevant transfer direction, the restriction order or the restriction direction or to a transfer direction under section 48 above shall be construed as references to the hospital order, transfer direction, restriction order, restriction direction or transfer direction under that section to which that person is treated as subject by virtue of the provisions mentioned in that paragraph.

(6) In this Part of this Act, unless the context otherwise requires, “hospital” means a hospital [F6 , and “the responsible medical officer” means the responsible medical officer,]within the meaning of Part II of this Act.

[F7 (7) In this Part of this Act any reference to the area of a tribunal is—

(a) in relation to a tribunal for a region of England, a reference to that region; and

(b) in relation to the tribunal for Wales, a reference to Wales.]

Textual Amendments

F1 Words in s. 79(1) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4, para. 12(14); S.I. 1997/2200, art. 2

F2 S. 79(1)(a) substituted (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(1), 60, Sch. 10 para. 21(a) (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)(k)

F3 S. 79(1)(b) repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58, 60, Sch. 10 para. 19(b), Sch. 11 (with Sch. 12 para. 8); S.I. 2005/579, art. 3(g)(i)(vi)(k)

F4 Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127, Sch. 3 para. 50

F5 Words in s. 79(2) inserted (1.10.1997) by 1997 c. 43, s. 55(2), Sch. 4, para. 12(15)(a)(b);S.I. 1997/2200, art. 2

F6 Words in s. 79(6) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para, 13

F7 S. 79(7) inserted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1, Pt. III para. 107(7)