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Mental Health Act 1983

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24 Visiting and examination of patients.E+W

(1)For the purpose of advising as to the exercise by the nearest relative of a patient who is liable to be detained or subject to guardianship under this Part of this Act [F1, or who is a community patient,]F1 of any power to order his discharge, any registered medical practitioner [F2or approved clinician]F2 authorised by or on behalf of the nearest relative of the patient may, at any reasonable time, visit the patient and examine him in private.

(2)Any registered medical practitioner [F2or approved clinician]F2 authorised for the purposes of subsection (1) above to visit and examine a patient may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital [F3or to any after-care services provided for the patient under section 117 below.].

(3)Where application is made by the Secretary of State or a [F4[F5Local Health Board]F5 , Special Health Authority [F6, Primary Care Trust F6]][F7F4, National Health Service trust or NHS foundation trust]F7 to exercise [F8any power under section 23(3) above to make an order for a patient's discharge]F8 , the following persons, that is to say—

(a)any registered medical practitioner [F2or approved clinician]F2 authorised by the Secretary of State or, as the case may be, that [F4[F5Local Health Board]F5 , Special Health Authority [F6, Primary Care Trust][F7, National Health Service trust or NHS foundation trustF7]]; and

(b)any other person (whether a registered medical practitioner [F2or approved clinician]F2 or not) authorised under [F9Part II of the Care Standards Act 2000] to inspect [F10the establishment in question]F10 ,

may at any reasonable time visit the patient and interview him in private.

(4)Any person authorised for the purposes of subsection (3) above to visit a patient may require the production of and inspect any documents constituting or alleged to constitute the authority for the detention of the patient [F11, or (as the case may be) for his liability to recall,]F11 under this Part of this Act; and any person so authorised, who is a registered medical practitioner [F2or approved clinician]F2 , may examine the patient in private, and may require the production of and inspect any other records relating to the treatment of the patient in [F12the establishmentF12][F3or to any after-care services provided for the patient under section 117 below.].

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Amendments (Textual)

F2Words in s. 24 inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(7), 56, (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F3Words in s. 24(2)(4) inserted (1.4.1996) by 1995 c .52, ss. 1(2), 7(2), Sch. 1, para. 1

F4Words in s. 24(3) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1), Sch. 1, Pt. III, para. 107(3) (with ss. 2(3), 8)

F5Words in s. 24(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(3)

F6Words in s. 24(3) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(5) (with art. 2(5))

F9Words in s. 24(3) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(3); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions in Schs. 1-3 and art. 3(4)-(10))

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