Mental Health Act 2007

Application of certain provisions to patients concerned in criminal proceedings

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.

(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—

“2A In section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.

2B In 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—

“5A In section 19A(2), paragraph (b) shall be omitted.”

(6) After paragraph 6 insert—

“6A In 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)”.