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There are currently no known outstanding effects for the Mental Health Act 2007, Cross Heading: Application of certain provisions to patients concerned in criminal proceedings.
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Valid from 03/11/2008
36(1)In Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), Part 1 (patients not subject to special restrictions) is amended as follows.U.K.
(2)In paragraph 1, after “17” insert “ to 17C, 17E, 17F, 20A ”.
(3)In paragraph 2—
(a)for “18, 19, 20” substitute “ 17D, 17G, 18 to 20, 20B ”, and
(b)for “paragraphs 3” substitute “ paragraphs 2A ”.
(4)After paragraph 2 insert—
“2AIn section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.
2BIn section 17G—
(a)in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below;
(b)in subsection (4) for paragraphs (a) and (b) there shall be substituted the words “ the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital ”; and
(c)in subsection (5) for the words from “the patient” to the end there shall be substituted the words “ the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked ”.”
(5)After paragraph 5 insert—
“5AIn section 19A(2), paragraph (b) shall be omitted.”
(6)After paragraph 6 insert—
“6AIn section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.”
(7)In paragraph 8(b), for “and (b)” substitute “ to (c) ”.
37(1)Part 2 of that Schedule (patients subject to special restrictions) is amended as follows.U.K.
(2)In paragraph 2, for “17 to 19” substitute “ 17, 18, 19 ”.
(3)For paragraph 6 substitute—
“6In section 22, subsections (1) and (5) shall not apply.”
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