Mental Health (Amendment) Act 1982

40 Duty of managers of hospitals to refer cases to tribunal

(1) Where—

(a) a patient who is admitted to a hospital in pursuance of an application for admission for treatment does not exercise his right to apply to a Mental Health Review Tribunal under section 31(4) of the principal Act; or

(b) a patient who is transferred from guardianship to hospital does not exercise his right to apply to such a tribunal under section 41(5) of that Act,

the managers of the hospital shall at the expiration of the period for making such an application refer the patient's case to such a tribunal unless an application or reference in respect of the patient has then been made under section 38(2), 48(3), 52(6) or 57 of the principal Act.

(2) If the authority for the detention of a patient in a hospital is renewed under section 43 of the principal Act and a period of three years (or, if the patient has not attained the age of sixteen years, one year) has elapsed since his case was last considered by a Mental Health Review Tribunal, whether on his own application or otherwise, the managers of the hospital shall refer his case to such a tribunal.

(3) For the purpose of furnishing information for the purposes of any reference under this section, any medical practitioner authorised by or on behalf of the patient may at any reasonable time visit and examine the patient in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital.

(4) The Secretary of State may by order vary the length of the periods mentioned in subsection (2) above.

(5) For the purposes of subsection (1) above a person who applies to a tribunal but subsequently withdraws his application shall be treated as not having exercised his right to apply, and where a person withdraws his application on a date after the expiration of the period mentioned in that subsection the managers shall refer his case as soon as possible after that date.

(6) References in this section to a hospital shall be construed as references to a hospital within the meaning of Part IV of the principal Act.