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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (c) is treated as subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction, by virtue of any provision of Part 6 of this Act (except section 80D(3), 82A(2) or 85A(2) below),]

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, [F6 the relevant hospital direction,] the relevant transfer direction, the restriction order [F7 , the limitation direction] or the restriction direction or to a transfer direction under section 48 above shall be construed as references to the hospital order, [F8 hospital direction,] transfer direction, restriction order, [F9 limitation direction,] 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.

[F10 (5A) Section 75 above shall, subject to the modifications in subsection (5C) below, have effect in relation to a qualifying patient as it has effect in relation to a restricted patient who is conditionally discharged under section 42(2), 73 or 74 above.

(5B) A patient is a qualifying patient if he is treated by virtue of section 80D(3), 82A(2) or 85A(2) below as if he had been conditionally discharged and were subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction.

(5C) The modifications mentioned in subsection (5A) above are—

(a) references to the relevant hospital order, hospital direction or transfer direction, or to the restriction order, limitation direction or restriction direction to which the patient is subject, shall be construed as references to the hospital order, hospital direction or transfer direction, or restriction order, limitation direction or restriction direction, to which the patient is treated as subject by virtue of section 80D(3), 82A(2) or 85A(2) below; and

(b) the reference to the date on which the patient was conditionally discharged shall be construed as a reference to the date on which he was treated as conditionally discharged by virtue of a provision mentioned in paragraph (a) above.]

(6) In this Part of this Act, unless the context otherwise requires, “hospital” means a hospital [F11 , and “the responsible clinician” means the responsible clinician,] within the meaning of Part II of this Act.

[F12 (7) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

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 S. 79(1)(c) substituted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 19(2) (with Sch. 10); S.I. 2007/2798, art. 2(c)(viii)

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(5) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 19(3)(a) (with Sch. 10); S.I. 2007/2798, art. 2(c)(viii)

F7 Words in s. 79(5) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 19(3)(b) (with Sch. 10); S.I. 2007/2798, art. 2(c)(viii)

F8 Words in s. 79(5) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 19(3)(c) (with Sch. 10); S.I. 2007/2798, art. 2(c)(viii)

F9 Words in s. 79(5) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 19(3)(d) (with Sch. 10); S.I. 2007/2798, art. 2(c)(viii)

F10 S. 79(5A)-(5C) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 19(4) (with Sch. 10); S.I. 2007/2798, art. 2(c)(viii)

F11 Words in s. 79(6) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 13(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b), (with art. 3, Sch.)

F12 S. 79(7) substituted (prosp.) by Mental Health Act 2007 (c. 12), ss. 38(4), 56 (with Sch. 10) (which substituting provisions were repealed (3.11.2008) by S.I. 2008/2833, Sch. 3 para. 228(p))

F13 S. 79(7) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 61