(1)Where a medical practitioner carries out a medical examination of any person with a view to an application for his admission to hospital for assessment or treatment being made under Part 2 of the Mental Health Act 1983 (c. 20) [F1the prescribed [F2integrated care board]] must pay to that medical practitioner—
(a)reasonable remuneration in respect of that examination and in respect of any recommendation or report made by him with regard to the person examined, and
(b)the amount of any expenses reasonably incurred by him in connection with the examination or the making of any such recommendation or report.
(2)No payment may be made under this section to a medical practitioner—
(a)in respect of an examination carried out in the provision of primary medical services for that person, or
(b)in respect of an examination carried out or any recommendation or report made[F3—
(i)]as part of his duty as an officer of F4... [F5an] NHS trust, Special Health Authority, NHS foundation trust or Local Health Board[F6, or
(ii)pursuant to arrangements made by [F7NHS England] or [F8an integrated care board], or
(iii)pursuant to arrangements made in the exercise (by any person) of the public health functions of the Secretary of State or a local authority].
(3)This section applies only in a case where it is intended, when the medical examination of the person in question is carried out, that if he is admitted to hospital in pursuance of an application mentioned in subsection (1), the whole cost of his maintenance and treatment will be defrayed out of moneys provided by Parliament.
Textual Amendments
F1Words in s. 236(1) substituted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 123(2); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2Words in s. 236(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 121(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3Word in s. 236(2)(b) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 123(3)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F4Words in s. 236(2)(b) omitted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 123(3)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5Word in s. 236(2)(b) inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 123(3)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F6S. 236(2)(b)(ii)(iii) and word inserted (27.3.2012 for specified purposes, 1.4.2013 in so far as not already in force) by Health and Social Care Act 2012 (c. 7), s. 306(1)(d)(4), Sch. 4 para. 123(3)(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F7Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F8Words in s. 236(2)(b)(ii) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 121(3); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)