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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

20Applications in respect of patient subject to hospital order

(1)After subsection (3) of section 63 of the principal Act (effect of hospital orders and guardianship orders) there shall be inserted—

(3A)Without prejudice to any provision of Part IV of this Act as applied by this section, an application to a Mental Health Review Tribunal in respect of a patient admitted to a hospital in pursuance of a hospital order may be made by the nearest relative of the patient—

(a)in the period between the expiration of six months and the expiration of twelve months beginning with the date of the order ; and

(b)in any subsequent period of twelve months.

(2)In subsection (4) of that section the words " admitted to a hospital in pursance of a hospital order, or " shall be omitted.

(3)Where a person detained in a hospital or mental nursing home—

(a)is treated as subject to a hospital order or transfer direction by virtue of section 37(2) below, section 65(5) or 87(2) of the principal Act, section 73(2) of the Mental Health (Scotland) Act 1960 or section 5(1) of the Criminal Procedure (Insanity) Act 1964 ; or

(b)is subject to a direction having the same effect as a hospital order by virtue of section 71(4), 72(3) or 73(3) of the principal Act,

then, without prejudice to any provision of Part IV of the principal Act as applied by section 63 of that Act, that person may make an application to a Mental Health Review Tribunal in the period of six months beginning with the date of the order or direction mentioned in paragraph (a) above or, as the case may be, the date of the direction mentioned in paragraph (b) above.

(4)In sections 52(1) and (5) and 53 of the principal Act (appointment by court of acting nearest relative) references to Part IV of that Act shall include references to section 63 (3A) and (4) of that Act and in subsection (4)(a) of section 53 of that Act the reference to detention in pursuance of an application for admission for treatment and to guardianship under tot Part shall include a reference to detention and guardianship by virtue of an order or direction under Part V of that Act.

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