Valid from 01/01/2010
Mental Health Act 1983 (c. 20)E+W+S
53E+W+SThe Mental Health Act 1983 is amended in accordance with paragraphs 54 to 60.
54E+W+SIn section 35 (remand to hospital for report on accused's mental condition), in subsection (6) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.
55E+W+SIn section 36 (removal of accused person to hospital for treatment), in subsection (5) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.
56E+W+SIn section 38 (interim hospital orders), in subsection (2) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.
57E+W+SIn section 52 (further provisions as to persons remanded by magistrates' courts), in subsection (7)(b) for “counsel or a solicitor” substitute “ an authorised person ”.
58E+W+SIn section 54 (requirements as to medical evidence), in subsection (3)(a)—
(a)for “counsel or a solicitor” substitute “ an authorised person ”, and
(b)for “his counsel or solicitor” substitute “ that authorised person ”.
59E+W+SIn section 55 (interpretation of Part 3), in subsection (1) before the definitions of “child” and “young person” insert—
““authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);”.
60E+W+SIn section 78 (procedure of Mental Health Review Tribunals), in subsection (7) for “counsel or a solicitor” substitute “ an authorised person (within the meaning of Part 3) ”.