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Mental Health Act 1983

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  • Act applied by 1996 c. 46 Sch. 2 para. 9(replacing1968 c 20 s. 23) (Act applied (prosp.) by 1968 c. 20, s. 23(4) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 9 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act applied (prosp.) by 1957 c. 53, s. 63C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))
  • Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act applied (prosp.) by 1955 c. 18, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act power to applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act: Power to apply conferred (prosp.) by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act: Power to apply conferred (prosp.) by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
  • Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act: Power to apply conferred (prosp.) by 1955 c. 18, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Sections 40(1), 41(3) and (5), and 55(4).

SCHEDULE 1E+W Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders

Part IE+W Patients Not Subject to Special Restrictions

1Sections 9, 10, 17 [F1to 17C, 17E, 17F, 20A] , [F2 21 to 21B], F3... [F426] to 28, 31, 32, 67 and 76 shall apply in relation to the patient without modification.E+W

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Amendments (Textual)

F1Words in Sch. 1 Pt. 1 para. 1 inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 36(2) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F2Words in Sch. 1 Pt. I para. 1 substituted (1.4.1996) by 1995 c. 52, ss. 2(8), 7(2)

F3Words in Sch. 1 Pt. 1 para. 1 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 39(3)(a); S.I. 2012/1319, art. 2(3)

F4Word in Sch. 1 Pt. 1 para. 1 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 36(4), 56 (with Sch. 10); S.I. 2008/1210, art. 2(c) (with art. 4)

Modifications etc. (not altering text)

2Sections F5. . . [F617D, 17G, 18 to 20, 20B], 22, 23 F7. . . [F8, 66 and 68] shall apply in relation to the patient with the modifications specified in [F9paragraphs 2A][F10to 10] below.E+W

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Amendments (Textual)

Modifications etc. (not altering text)

[F112AIn section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.E+W

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Amendments (Textual)

2BIn section 17G—E+W

(a)in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below;

(b)in subsection (4) for paragraphs (a) and (b) there shall be substituted the words the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital; and

(c)in subsection (5) for the words from “the patient” to the end there shall be substituted the words the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked.]

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Amendments (Textual)

3F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

4In section 18 subsection (5) shall be omitted.E+W

5In section 19(2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained or subject to guardianship before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred, or placing him under the guardianship of the authority or person into whose guardianship he is transferred, as the case may be”.E+W

[F135AIn section 19A(2), paragraph (b) shall be omitted.]E+W

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Amendments (Textual)

6In subsection 20—E+W

(a)in subsection (1) for the words from “day on which he was” to “as the case may be” there shall be substituted the words “date of the relevant order or direction under Part III of this Act”; F14. . .

(b)F14. . .

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Amendments (Textual)

[F156AIn section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.]E+W

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Amendments (Textual)

7In section 22 for references to an application for admission or a guardianship application there shall be substituted references to the order or direction under Part III of this Act by virtue of which the patient is liable to be detained or subject to guardianship.E+W

8In section 23(2)—E+W

(a)in paragraph (a) the words “for assessment or” shall be omitted; and

(b)in paragraphs (a) [F16to (c)] the references to the nearest relative shall be omitted.

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Amendments (Textual)

8AF17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

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Amendments (Textual)

9In section 66—E+W

(a)in subsection (1), paragraphs (a), (b), (c), (g) and (h), the words in parenthesis in paragraph (i) and paragraph (ii) shall be omitted; and

(b)in subsection (2), paragraphs (a), (b), (c) and (g) [F18, and in paragraph (d) “, (g)”, shall be omitted.].

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Amendments (Textual)

F18Words in Sch. 1, para. 9(b) substituted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 14

[F1910In section 68—E+W

(a)in subsection (1) paragraph (a) shall be omitted; and

(b)subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1), but not otherwise.]

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Amendments (Textual)

Part IIE+W Patients Subject to Special Restrictions

1Sections F20... 32 and 76 shall apply in relation to the patient without modification.E+W

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Amendments (Textual)

F20

Words in Sch. 1 Pt. 2 para. 1 omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), s. 39(3)(b); S.I. 2012/1319, art. 2(3)

2Sections [F2117, 18, 19] , 22, 23 and 34 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 8 below.E+W

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Amendments (Textual)

3In section 17—E+W

(a)in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;

[F22(aa)subsections (2A) and (2B) shall be omitted;]

(b)in subsection (4) after the words [F23“the responsible clinician” and after the words “that clinician”] there shall be inserted the words “or the Secretary of State”; and

(c)in subsection (5) after the word “recalled” there shall be inserted the words [F24 “by the responsible clinician”] , and for the words from “he has ceased” to the end of the subsection there shall be substituted the words “the expiration of the period of [F25twelve] months beginning with the first day of his absence on leave”.

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Amendments (Textual)

F25Words in Sch. 1, Pt. II, para. 3(c) substituted (1.4.1996 with application as mentioned in s. 3(3) of substituting Act) by 1995 c. 52, ss. 3(2)(3), 7(2)

4In section 18 there shall be omitted—E+W

(a)in subsection (1) the words “subject to the provisions of this section”; and

(b)subsections (3), (4) and (5).

5In section 19—E+W

(a)in subsection (1) after the word “may” in paragraph (a) there shall be inserted the words “with the consent of the Secretary of State”, and the words from “or into” to the end of the subsection shall be omitted;F26. . .

(b)in subsection (2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred”; [F27and

(c)in subsection (3) after the words “may at any time” there shall be inserted the words “, with the consent of the Secretary of State,”.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F26Words in Sch. 1 Pt. II immediately following para. 5(a) repealed (1.10.1997) by 1997 c. 43, ss. 49(4)(a), 56(2), Sch. 6; S.I. 1997/2200, art. 2

F27Sch. 1 Pt. II para. 5(c) and the word “and” immediately preceding it inserted (1.10.1997) by 1997 c. 43, s. 49(4)(b); S.I. 1997/2200, art. 2

[F286In section 22, subsections (1) and (5) shall not apply.]E+W

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Amendments (Textual)

7In section 23—E+W

(a)in subsection (1) references to guardianship shall be omitted and after the word “made” there shall be inserted the words “with the consent of the Secretary of State and” and

(b)in subsection (2)—

(i)in paragraph (a) the words “for assessment or” and “or by the nearest relative of the patient” shall be omitted; and

(ii)paragraph (b) shall be omitted.

8In section 34, in subsection (1) the definition of “the nominated medical attendant” and subsection (3) shall be omitted.E+W

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