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Mental Health Act 1983, Section 92 is up to date with all changes known to be in force on or before 08 November 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.
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(1)References in this Part of this Act to a hospital, being a hospital in England and Wales, shall be construed as references to a hospital within the meaning of Part II of this Act.
(2)Where a patient is treated by virtue of this Part of this Act as if he had been removed to a hospital in England and Wales in pursuance of a direction under Part III of this Act, that direction shall be deemed to have been given on the date of his reception into the hospital.
(3)A patient removed to England and Wales under this Part of this Act or under [F1Part VII of the Mental Health (Scotland) Act 1984] shall be treated for the purposes of this Act as suffering from such form of mental disorder as may be recorded in his case in pursuance of regulations made by virtue of section 90 above, and references in this Act to the form or forms of mental disorder specified in the relevant application, order or direction shall be construed as including references to the form or forms of mental disorder so recorded.
[F2(4)Sections 80 to 85A above shall have effect as if—
(a)any hospital direction under section 45A above were a transfer direction under section 47 above; and
(b)any limitation direction under section 45A above were a restriction direction under section 49 above.
(5)Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.]
Textual Amendments
F1Words substituted by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 127, Sch. 3 para. 54
F2S. 92(4)(5) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 12(16); S.I. 1997/2200, art. 2
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