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Mental Health (Patients in the Community) Act 1995

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This is the original version (as it was originally enacted).

10(1)Section 72 of that Act (powers of tribunal) shall be amended in accordance with sub-paragraphs (2) to (4) below.

(2)After subsection (3) there shall be inserted the following subsection—

(3A)Where, in the case of an application to a tribunal by or in respect of a patient who is liable to be detained in pursuance of an application for admission for treatment or by virtue of an order or direction for his admission or removal to hospital under Part III of this Act, the tribunal do not direct the discharge of the patient under subsection (1) above, the tribunal may—

(a)recommend that the responsible medical officer consider whether to make a supervision application in respect of the patient; and

(b)further consider his case in the event of no such application being made.

(3)After subsection (4) there shall be inserted the following subsection—

(4A)Where application is made to a Mental Health Review Tribunal by or in respect of a patient who is subject to after-care under supervision (or, if he has not yet left hospital, is to be so subject after he leaves hospital), the tribunal may in any case direct that the patient shall cease to be so subject (or not become so subject), and shall so direct if they are satisfied—

(a)in a case where the patient has not yet left hospital, that the conditions set out in section 25A(4) above are not complied with; or

(b)in any other case, that the conditions set out in section 25G(4) above are not complied with.

(4)In subsection (5) (power of tribunal to amend application, order or direction where satisfied that patient is suffering from a form of mental disorder different from that specified in it), after the word “discharged” there shall be inserted “or, if he is (or is to be) subject to after-care under supervision, that he cease to be so subject (or not become so subject)”.

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