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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

12Duration of authority for detention and guardianship

(1)Section 43 of the principal Act (duration of authority for detention and guardianship) shall be amended as follows.

(2)In subsections (1) and (2)(a) (initial period of detention or guardianship and period of first renewal) for the words "one year " there shall be substituted the words

six months.

(3)In subsection (2) (subsequent periods of renewal) for the words " two years", in both places where they occur, there shall be substituted the words

one year.

(4)In subsection (3) (renewal report by responsible medical officer) for the words from " if it appears to him " onwards there shall be substituted the words

if it appears to him that the conditions set out in subsection (3A) of this section are satisfied he shall furnish to the managers of the hospital where the patient is detained a report to that effect in the prescribed form.

(5)After subsection (3) there shall be inserted—

(3A)The conditions referred to in subsection (3) of this section are—

(a)that the patient is suffering from mental illness,

severe mental impairment, psychopathic disorder or mental impairment, being a mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and

(b)that such treatment is likely to alleviate or prevent a deterioration of his condition ; and

(c)that it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and that it cannot be provided unless he continues to be detained ; but, in the case of mental illness or severe mental impairment, it shall be an alternative to the condition specified in paragraph (b) of this subsection that the patient, if discharged, is unlikely to be able to care for himself, to obtain the care which he needs or to guard himself against serious exploitation.

(3B)Before furnishing a report under subsection (3) of this section the responsible medical officer shall consult one or more other persons who have been professionally concerned with the patient's medical treatment.

(6)In subsection (4) (renewal report in case of guardianship) for the words from " if it appears to him" onwards there shall be substituted the words " if it appears to him—

(i)that the patient is suffering from mental illness, severe mental impairment, psychopathic disorder or mental impairment, being a mental disorder of a nature or degree which warrants his reception into guardianship, and

(ii)that it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should remain under guardianship, he shall furnish to the guardian and, where the guardian is a person other than a local social services authority, the responsible local social services authority a report to that effect in the prescribed form."

(7)After subsection (5) there shall be inserted—

(5A)Where the form of mental disorder specified in a report furnished under subsection (3) or (4) of this section is a form of disorder other than that specified in the application for admission for treatment or, as the case may be, in the guardianship application, that application shall have effect as if that other form of mental disorder were specified in it; and where on any occasion a report specifying such a form of mental disorder is furnished under either of those subsections by the responsible medical officer or the patient's nominated medical attendant he need not on that occasion furnish a report under section 38 of this Act.

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