Version Superseded: 01/04/2009
Point in time view as at 27/07/2008.
There are currently no known outstanding effects for the Health and Social Care Act 2008, Paragraph 12.
12E+WAfter section 134 of the MHA insert—
(1)The regulatory authority must review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 134 if an application for a review of the decision is made—
(a)in a case under subsection (1)(b) of that section, by the patient; or
(b)in a case under subsection (2) of that section, either by the patient or by the person by whom the postal packet was sent.
(2)An application under subsection (1) must be made within 6 months of receipt by the applicant of the notice referred to in section 134(6).
(3)On an application under subsection (1), the regulatory authority may direct that the postal packet (or anything contained in it) is not to be withheld.
(4)The managers of the hospital concerned must comply with any such direction.
(5)The Secretary of State may by regulations make provision in connection with the making to and determination by the Care Quality Commission of applications under subsection (1), including provision for the production to the Commission of any postal packet which is the subject of such an application.
(6)The Welsh Ministers may by regulations make provision in connection with the making to them of applications under subsection (1), including provision for the production to them of any postal packet which is the subject of such an application.”
Commencement Information
I1Sch. 3 para. 12 partly in force; Sch. 3 para. 12 in force for specified purposes at Royal Assent, see s. 170
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