Mental Health Act 2007

10 Amendments to Part 3 of 1983 Act

(1) Part 3 of the 1983 Act (patients concerned in criminal proceedings) is amended as follows.

(2) In section 35 (remand to hospital for report)—

(a) in subsections (4) and (5), for “registered medical practitioner” substitute “approved clinician”, and

(b) in subsection (8), after “registered medical practitioner” insert “or approved clinician”.

(3) In section 36 (remand to hospital for treatment)—

(a) in subsection (3), for “registered medical practitioner who would be in charge of his treatment” substitute “approved clinician who would have overall responsibility for his case”,

(b) in subsection (4), for “responsible medical officer” substitute “responsible clinician”, and

(c) in subsection (7), after “registered medical practitioner” insert “or approved clinician”.

(4) In section 37 (hospital and guardianship orders), in subsection (4), for “registered medical practitioner who would be in charge of his treatment” substitute “approved clinician who would have overall responsibility for his case”.

(5) In section 38 (interim hospital orders)—

(a) in subsection (4), for “registered medical practitioner who would be in charge of his treatment” substitute “approved clinician who would have overall responsibility for his case”, and

(b) in subsection (5), for “responsible medical officer”, in each place, substitute “responsible clinician”.

(6) In section 41 (power of courts to restrict discharge from hospital), in subsections (3)(c) and (6), for “responsible medical officer” substitute “responsible clinician”.

(7) In section 44(2) (person who is to give evidence in connection with committal to hospital), for “registered medical practitioner who would be in charge of the offender’s treatment” substitute “approved clinician who would have overall responsibility for the offender’s case”.

(8) In section 45A(5) (person who is to give evidence in connection with hospital or limitation direction), for “registered medical practitioner who would be in charge of his treatment” substitute “approved clinician who would have overall responsibility for his case”.

(9) In the following provisions, for “responsible medical officer” substitute “responsible clinician”—

(a) section 45B(3) (requirement to produce report on person subject to hospital and limitation directions), and

(b) section 49(3) (requirement to produce report on person subject to restriction direction).