3E+WIn section 17—
(a)in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;
[F1(aa)subsections (2A) and (2B) shall be omitted;]
(b)in subsection (4) after the words [F2“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 [F3 “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 [F4twelve] months beginning with the first day of his absence on leave”.
Textual Amendments
F1Sch. 1 Pt. 2 para. 3(aa) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 33(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(j) (with art. 3, Sch.)
F2Words in Sch. 1 Pt. 2 para. 3(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(8)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F3Words in Sch. 1 Pt. 2 para. 3(c) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(8)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F4Words 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)