Valid from 01/04/2004
The Mental Health Act 1983 (c. 20)E+W
50E+WThe Mental Health Act 1983 is amended as follows.
51E+WIn section 12 (general provisions as to medical recommendation), in subsection (3), at the end there is inserted “ or otherwise to be accommodated, by virtue of an undertaking to pay in respect of the accommodation, in a hospital vested in an NHS foundation trust ”.
52E+WIn section 19 (regulations as to transfer of patients), in subsection (3), after “National Health Service trust” (in both places) there is inserted “ , NHS foundation trust ”.
53E+WIn section 23 (discharge of patients)—
(a)in subsection (3), after “National Health Service trust,” (in both places) there is inserted “ NHS foundation trust, ”,
(b)in subsection (4), after “trust” (in the first place it occurs) there is inserted “ (other than an NHS foundation trust) ”,
(c)after subsection (5), there is inserted—
“(6)The powers conferred by this section on any NHS foundation trust may be exercised by any three or more non-executive directors of the board of the trust authorised by the board in that behalf.”
54E+WIn section 24 (visiting and examination by patients), in subsection (3), for “or National Health Service trust” (in both places) there is substituted “ , National Health Service trust or NHS foundation trust ”.
55E+WIn section 32 (regulations for purposes of Part 2), in subsection (3), for “or National Health Service trusts” there is substituted “ , National Health Service trusts or NHS foundation trusts ”.
56E+WIn section 139 (protection for acts done in pursuance of this Act), in subsection (4), at the end there is inserted “ or NHS foundation trust ”.
57E+WIn section 145 (interpretation), in subsection (1), after paragraph (bb) of the definition of “the managers” there is inserted—
“(bc)in relation to a hospital vested in an NHS foundation trust, the trust;”.