Part 1Amendments to Mental Health Act 1983

Chapter 1Changes to key provisions

Tests for detention etc

5Further cases in which appropriate treatment test is to apply

(1)

The 1983 Act is amended as follows.

(2)

In section 36(1) (remand to hospital for treatment) after paragraph (a) (inserted by Schedule 1 to this Act) insert“and

(b)

appropriate medical treatment is available for him.”

(3)

In section 48(1) (removal to hospital of immigration detainees etc) after paragraph (b) (inserted by Schedule 1 to this Act) insert“and

(c)

appropriate medical treatment is available for him;”.

(4)

In section 51(6)(a) (further power to make hospital order) after sub-paragraph (i) (inserted by Schedule 1 to this Act) insert“and

(ii)

appropriate medical treatment is available for him; and”.