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Mental Health (Amendment) Act 1982

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This is the original version (as it was originally enacted).

57Duty of managers of hospitals to give information to detained patients

(1)The managers of a hospital or mental nursing home in which a patient is detained under the principal Act or this Act shall take such steps as are practicable to ensure that the patient understands—

(a)under which of the provisions of those Acts he is for the time being detained and the effect of that provision; and

(b)what rights of applying to a Mental Health Review Tribunal are available to him in respect of his detention under that provision;

and those steps shall be taken as soon as practicable after the commencement of the patient's detention under the provision in question.

(2)The managers of a hospital or mental nursing home in which a patient is detained as aforesaid shall also take such steps as are practicable to ensure that the patient understands the effect, so far as relevant in his case, of—

(a)sections 47 and 48 of the principal Act (discharge by responsible medical officer, managers, nearest relative etc.); and

(b)Part VI of this Act and sections 52, 53 and 55 above ;

and those steps shall be taken as soon as practicable after the commencement of the patient's detention in the hospital or nursing home.

(3)The steps to be taken under subsections (1) and (2) above shall include giving the requisite information both orally and in writing.

(4)The managers of a hospital or mental nursing home in which a patient is detained as aforesaid shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsections (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.

(5)Section 52(5) of the principal Act (effect of order substituting acting nearest relative) shall have effect as if subsection (4) above were contained in Part IV of that Act.

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