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Mental Health (Amendment) Act 1982

Status:

This is the original version (as it was originally enacted).

The Mental Health Act 1959

1In sections 27(1), 29(1) and (2), 30(1)(b) and .32(1) for the word " observation " there shah* be substituted the word

assessment.

2In section 33—

(a)after subsection (2) there shall be inserted—

(2A)A guardianship application shall be founded on the written recommendations in the prescribed form of two medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in paragraphs (a) and (b) of subsection (2) of this section are complied with ; and each such recommendation shall include—

(a)such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in the said paragraph (a); and

(b)a statement of the reasons for that opinion so far as it relates to the conditions set out in the said paragraph (b).

(2B)A guardianship application shall state the age of the patient or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed to have attained the age of sixteen years.; (b) for subsection (5) there shall be substituted—

(5)Subsection (4) of section 26 and sections 27 and 28 of this Act shall apply in relation to a guardianship application as they apply in relation to an application for admission for treatment, but subject to the following modifications, that is to say—

(a)in subsection (4) of section 26 the reference to subsection (2) of that section shall be construed as a reference to subsection (2) of this section;

(b)in section 27 the words in subsection (1) " shall be addressed to the managers of the hospital to which the admission is sought, and" and subsection (1A) shall be omitted ;

(c)in section 28 subsections (3), (3A) and (5) shall be omitted and for paragraph (e) of subsection (4) there shall be substituted— ' (e) the person named as guardian in the application'.

3In section 41(2)(a) for the word " observation " there shall be substituted the word

assessment.

4In section 42(3) for the words " the interests of the patient" there shall be substituted the words

the interests of the welfare of the patient.

5In sections 47(3) and 52(4) for the word " observation" there shall be substituted the word

assessment.

6In section 59—

(a)in subsection (1), in paragraph (a) of the definition of " the responsible medical officer", for the word "observation" there shall be substituted the word

assessment;

(b)in subsection (3) for the word " subnormal" and for the word " subnormality ", in both places, there shall be substituted respectively the words

mentally impairedand

7In section 60(2) for the words " severe subnormality" there shall be substituted the words

severe mental impairment.

8In section 65—

(a)in subsections (2) and (3) for the words " an order restricting discharge " there shall be substituted the words

a restriction order;

(b)at the end of subsection (3)(a) there shall be inserted the words

or Schedule 1 to the Mental Health (Amendment) Act 1982;

(c)in subsection (4) for the words " an order restricting the discharge of the patient" there shall be substituted the words

a restriction order in respect of the patient;

(d)in subsection (5) for the words " an order restricting the discharge of a patient", " an order restricting his discharge " and " the order restricting his discharge " there shall be substituted respectively the words

a restriction order in respect of a patient, " a restriction order " and " the restriction order ".

9In section 66—

(a)in subsection (1) for the words "an order restricting the discharge of a patient" and " the order restricting the discharge of the patient" there shall be substituted respectively the words

in the case of any patient a restriction orderand " the restriction order " ;

(b)in subsection (2) for the words " an order restricting the discharge of a patient is in force " and " the order restricting his discharge " there shall be substituted respectively the words

a restriction order is in force in respect of a patientand " the restriction order " ;

(c)in subsection (3) for the words " an order restricting the discharge of a patient" and " the order restricting his discharge ", in both places, there shall be substituted respectively the words

a restriction order in respect of a patientand " the restriction order " ;

(d)in subsection (4) for the words " an order restricting the discharge of a patient" there shall be substituted the words

a restriction order in respect of a patient;

(e)in subsection (5) for the words " an order restricting discharge " there shall be substituted the words

a restriction order.

10In section 67—

(a)in subsections (1)(b), (3)(a) and (4) for the words " an order restricting his discharge" there shall be substituted the words

a restriction order;

(b)after subsection (3) there shall be inserted—

(3A)The Crown Court shall have the like power to make orders under sections 29, 30 and 31 of the Mental Health (Amendment) Act 1982 in the case of a person committed to the court under this section as the Crown Court has under those sections in the case of an accused person within the meaning of section 29 or 30 or of a person convicted before that court as mentioned in section 31.;

(c)in subsection (5) for the words " an order restricting discharge " there shall be substituted the words

a restriction order.

11In section 68(2) for the words "an order restricting his discharge " there shall be substituted the words

a restriction order.

12In section 71(4) for the words " an order restricting his discharge " there shall be substituted the words

a restriction order.

13In section 72(1)(a) for the words " subnormality or severe sub-normality " there shall be substituted the words

mental impairment or severe mental impairment.

14In section 73(1) for the words " severe subnormality " there shall be substituted the words

severe mental impairment.

15In section 74—

(a)in subsection (1) for the words " paragraphs (a) to (d)" there shall be substituted the words

paragraph (a) or (d);

(b)in subsection (2) for the words " a direction restricting discharge " and " an order restricting the discharge of the patient" there shall be substituted respectively the words

a restriction directionand " a restriction order ".

16In section 75—

(a)in subsection (1) for the words " direction restricting discharge ", in both places, there shall be substituted the words

restriction direction;

(b)in subsection (2) for the words "direction restricting the discharge " there shall be substituted the words

restriction direction in the case.

17In section 76—

(a)in subsection (1) for the words "paragraphs (a) to (c)" there shall be substituted the words

paragraph (a)

and after the words " this Part of this Act" there shall be inserted the words

or the Mental Health (Amendment) Act 1982;

(b)in subsection (2)(b) for the words " an order restricting discharge " there shall be substituted the words

a restriction order;

(c)in subsection (3) for the words " severe subnormality " there shall be substituted the words

severe mental impairment.

18In section 80(4) for the words " an order restricting the discharge of a patient subject to a hospital order" there shall be substituted the words

a restriction order.

19In section 81—

(a)in subsection (2)(a) for the words " an order or direction under any enactment in this Act restricting his discharge " there shall be substituted the words

a restriction order or restriction direction under any enactment in this Act;

(b)in subsection (3) for the word " observation " there shall be substituted the word

assessment;

(c)in subsection (5) for the words from "an order or direction restricting discharge " onwards there shall be substituted the words

a restriction order or restriction direction of limited duration, the order or direction restricting his discharge to which he is subject by virtue of subsection (2)(a) of this section shall expire on the date on which the restriction order or restriction direction would have expired if he had not been so removed.

3(a)in subsection (2)(d) for the words " an order or direction under any enactment in this Act restricting his discharge " there shall be substituted the words

a restriction order or restriction direction under any enactment in this Act;

(b)in subsection (3) for the word " observation " there shall be substituted the word

assessment;

(c)in subsection (6) for the words from " an order or direction restricting discharge" onwards there shall be substituted the words

a restriction order or restriction direction of limited duration, the order or direction restricting his discharge to which he is subject by virtue of subsection (2)(c) of this section shall expire on the date on which the— restriction order or restriction direction would have expired if he had not been so removed.

21In section 87—

(a)in subsection (2)(a) for the words " an order or direction under the corresponding enactment in force in England and Wales " there shall be substituted the words

a restriction order or restriction direction;

(b)in subsection (3)(a) for the word " observation " there shall be substituted the word

assessment;

(c)in subsection (5) for the words from " that order or direction " onwards, there shall be substituted the words

the restriction order or restriction direction to which he is subject by virtue of subsection (2)(a) of this section shall expire on the date on which the first-mentioned order or direction would have expired if he had not been so removed.

22In subsection (2)(a) of section 123 for the words " sub-normality or severe subnormality" there shall be substituted the words

mental impairment or severe mental impairmentand for subsection (4) of that section there shall be substituted—

(4)This section applies in relation to references to a Mental Health Review Tribunal as it applies in relation to applications made to such a tribunal by or in respect of a patient.

23In section 140(2) for the words "an order under Part V of this Act restricting his discharge " there shall be substituted the words

a restriction order under Part V of this Act.

24In section 147(1) after the definition of "patient" there shall be inserted— ' restriction direction' has the meaning assigned to it by section 74 of this Act;

' restriction order' has the meaning assigned to it by section 65 of this Act;.

25In Schedule 3—

(a)for the entry in the third column relating to section 37 there shall be substituted an entry in the same terms as that in the second column ;

(b)for the entry in the second and third columns relating to section 40 there shall be substituted respectively

Subsection (3A) shall be omittedand " Subsections (2), (3) and (3A), and in subsection (1) the words ' subject to the provisions of this section ', shall be omitted " ;

(c)at the end of the entry in the second column relating to section 43 there shall be added the words

and in subsection (5A) for the words

the application for admission for treatment or, as the case may be, in the guardianship application, that application " there shall be substituted the words

the relevant order or direction under Part V of this Act, that order or direction;

(d)for the entry in the second column relating to section 45 there shall be substituted

None;

(e)for the entry in the second column relating to section 47 there shall be substituted

In paragraph (a) of subsection (2) the reference to an application for admission for assessment, and in that paragraph and paragraph (c) of that subsection the references to the nearest relative, shall be omitted

and for the second entry in the third column relating to that section there shall be substituted

In paragraph (a) of subsection (2) the reference to an application for admission for assessment and the reference to the nearest relative shall be omitted and paragraph (c) of that subsection shall be omitted.

26In Schedule 6—

(a)in paragraph 12(3) for the words from the beginning to " that sub-paragraph " there shall be substituted the words Any such patient as is mentioned in paragraph 9(3)(b) of this Schedule

(b)in paragraph 15(3) and (6) for the words " a direction restricting his discharge " there shall be substituted the words

a restriction direction;

(c)in paragraph 17 for the words "a direction restricting the discharge of " there shall be substituted the words

a restriction direction in respect of

and for the word " sub-normality", in both places, there shall be substituted the words

mental impairment.

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