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Mental Health (Amendment) Act 1982

Status:

This is the original version (as it was originally enacted).

3Admission for assessment

(1)In section 25 of the principal Act (under which a person may be detained in a hospital under observation if an application for admission for observation is made in accordance with that section)—

(a)for the words " application for admission for observation ", wherever they occur, there shall be substituted the words

application for admission for assessment; and

(b)in subsection (2)(a) for the words "detention of the patient in a hospital under observation (with or without other medical treatment) " there shall be substituted the words

detention of the patient in a hospital for assessment (or for assessment followed by medical treatment).

(2)In section 27 of the principal Act (general provisions as to applications) after subsection (1) there shall be inserted—

(1A)Before or within a reasonable time after an application for the admission of a patient for assessment is made by a mental welfare officer, that officer shall take such steps as are practicable to inform the person (if any) appearing to be the nearest relative of the patient that the application is to be or has been made and of the power of the nearest relative under section 47 of this Act to discharge the patient.

(3)In section 29 of the principal Act (emergency application for admission for assessment)—

(a)in subsection (2) (persons by whom emergency application may be made) for the words " any relative of the patient" there shall be substituted the words

the nearest relative of the patient;

(b)for subsection (4) there shall be substituted—

(4)In relation to an emergency application, section 27 of this Act shall have effect as if in subsection (3) of that section for the words " the period of fourteen days ending with the date of the application " there were substituted the words "the previous twenty-four hours.

(4)In section 31 of the principal Act—

(a)for subsection (1)(b) (time limit for acting on emergency application for admission for assessment) there shall be substituted—

(b)in the case of an emergency application, the period of twenty-four hours beginning at the time when the patient was examined by the practitioner giving the medical recommendation first referred to in subsection (3) of section 29 of this Act, or at the time when the application is made, whichever is the earlier;

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

(3A)A patient who is admitted to a hospital in pursuance of an application for admission for assessment may apply to a Mental Health Review Tribunal within the period of fourteen days beginning with the day on which he is so admitted.

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