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Mental Health Act 1983

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Part IE+W Patients Not Subject to Special Restrictions

1Sections 9, 10, 17 [F1to 17C, 17E, 17F, 20A]F1 , [F2 21 to 21B], 24(3) and (4), [F326]F3 to 28, 31, 32, 67 and 76 shall apply in relation to the patient without modification.E+W

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Amendments (Textual)

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

Modifications etc. (not altering text)

2Sections F4...[F517D, 17G, 18 to 20, 20B]F5, 22, 23 F6...[F7, 66 and 68]F7 shall apply in relation to the patient with the modifications specified in [F8paragraphs 2AF8][F9to 10]F9 below.E+W

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Amendments (Textual)

Modifications etc. (not altering text)

[F102AIn 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.]

3F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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

[F125AIn 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”; F13...

(b)F13...

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Amendments (Textual)

[F146AIn 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) [F15to (c)]F15 the references to the nearest relative shall be omitted.

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Amendments (Textual)

8AF16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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) [F17, and in paragraph (d) “, (g)”, shall be omitted.].

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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)

F17Words in Sch. 1, para. 9(b) substituted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 14

[F1810In 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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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)

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