Mental Health Act 1983

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Mental Health Act 1983. Any changes that have already been made by the team appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to :

Changes and effects

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s. 61(1) words inserted by 2012 c. 7 s. 299(7)

Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:

Changes and effects

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

s. 12ZA-12ZC inserted by 2012 c. 7 s. 38(1)
s. 64FA inserted by 2012 c. 7 s. 299(4)
s. 114ZA inserted by 2012 c. 7 s. 217(2)
s. 130E inserted by 2010 nawm 7 s. 31
s. 130F inserted by 2010 nawm 7 s. 32
s. 130G inserted by 2010 nawm 7 s. 33
s. 130H inserted by 2010 nawm 7 s. 34
s. 130I inserted by 2010 nawm 7 s. 35
s. 130J inserted by 2010 nawm 7 s. 36
s. 130K inserted by 2010 nawm 7 s. 37
s. 130L inserted by 2010 nawm 7 s. 38

Commencement Orders yet to be applied to the Mental Health Act 1983:

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

S.I. 2003/1 art. 2 Sch. commences (2002 c. 41)
S.I. 2003/1725 art. 2(1) commences (2002 c. 9)
S.I. 2005/3175 art. 2(2) commences (2004 c. 33)
S.I. 2006/1014 art. 2(a) Sch. 1 para. 7 commences (2005 c. 4)
S.I. 2007/1897 art. 2 commences (2005 c. 9)
S.I. 2009/812 art. 3(a)(b) commences (2006 c. 52)
S.I. 2009/1604 art. 2 commences (2005 c. 4)
S.I. 2009/3250 art. 2(h) art. 2(i) commences (2007 c. 29)
S.I. 2010/30 art. 2-4 commences (2009 c. 21)
S.I. 2010/143 art. 2 commences (2010 c. 12)
S.I. 2011/2329 art. 3 commences (2011 c. 5)
S.I. 2011/3046 art. 2-4 commences (2010 nawm 7)
S.I. 2012/1319 art. 2(2) art. 2(3) art. 2(4) commences (2012 c. 7)
S.I. 2012/1320 art. 2-4 commences (2003 c. 44)
S.S.I. 2007/334 art. 2(b) Sch. 2 commences (2007 asp 10)

61 Review of treatment.E+W

(1)Where a patient is given treatment in accordance with section 57(2) [F1, 58(3)(b) or 58A(4) or (5)]F1 above [F2, or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section),]F2 a report on the treatment and the patient’s condition shall be given [F3by the approved clinician in charge of the treatment]F3 to [F4the regulatory authority]F4—

(a)on the next occasion on which the [F5responsible clinician]F5 furnishes a report [F6under section 20(3) [F7, 20A(4) or 21B(2) above in respect] of the patient]; and

(b)at any other time if so required by [F4the regulatory authority]F4.

(2)In relation to a patient who is subject to a restriction order [F8, limitation direction]or restriction direction subsection (1) above shall have effect as if paragraph (a) required the report to be made—

(a)in the case of treatment in the period of six months beginning with the date of the order or direction, at the end of that period;

(b)in the case of treatment at any subsequent time, on the next occasion on which the [F9responsible clinician]F9 makes a report in respect of the patient under section 41(6) [F10, 45B(3)] or 49(3) above.

(3)[F4The regulatory authority]F4 may at any time give notice F11... directing that, subject to section 62 below, a certificate given in respect of a patient under subsection 57(2) [F12, 58(3)(b) or 58A(4) or (5)]F12 above shall not apply to treatment given to him [F13(whether in England or Wales)]F13 after a date specified in the notice and sections 57 [F14, 58 and 58A]F14 above shall then apply to any such treatment as if that certificate has not been given.

[F15(3A)The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment.]

Annotations:

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Amendments (Textual)

F1Words in s. 61(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(5)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)