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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

Further consideration of case of conditionally discharged patient

7(1)Where a restricted patient has been conditionally discharged under this Schedule or under section 66(2) of the principal Act and is subsequently recalled to hospital—

(a)the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to a Mental Health Review Tribunal; and

(b)paragraph 2 above shall apply to the patient as if the relevant hospital order or transfer direction had been made on that day.

(2)Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to a Mental Health Review Tribunal—

(a)in the period between the expiration of twelve months and the expiration of two years beginning with the date on which he was conditionally discharged ; and

(b)in any subsequent period of two years.

(3)Any application under sub-paragraph (2) above shall be made to the tribunal for the area in which the patient resides.

(4)Paragraphs 5 and 6 above shall not apply to an application under sub-paragraph (2) above but on any such application the tribunal may—

(a)vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or

(b)direct that the restriction order or restriction direction to which he is subject shall cease to have effect;

and if the tribunal give a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order or transfer direction.

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