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Mental Capacity Act 2005

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Mental health requirementsU.K.

This section has no associated Explanatory Notes

[F157(1)In this Schedule “mental health requirements” means any of the following—

(a)a requirement imposed in respect of a person by a guardian exercising the power under section 8 of the Mental Health Act;

(b)a condition or direction imposed or given in respect of a person by a responsible clinician exercising the power under section 17 of the Mental Health Act (leave of absence from hospital);

(c)a condition specified by a responsible clinician in a community treatment order made in respect of a person under section 17A of the Mental Health Act (for the imposition of conditions, see section 17B of that Act);

(d)a requirement imposed by a guardian in respect of a person who is the subject of a guardianship order under section 37 of the Mental Health Act (see section 40 of and Part 1 of Schedule 1 to that Act);

(e)a condition imposed by the Secretary of State on the discharge from hospital of a person subject to a restriction order under section 42 of the Mental Health Act;

(f)a condition imposed by any of the persons or bodies listed in sub-paragraph (3) when a person is conditionally discharged under section 73 of the Mental Health Act;

(g)anything which has the same effect as something within any of paragraphs (a) to (f), under another England and Wales enactment.

(2)And, for the purposes of this Schedule, arrangements which relate to a person are “not in accordance with mental health requirements” if the person is subject to mental health requirements and the arrangements are not in accordance with them.

(3)The persons or bodies for the purpose of sub-paragraph (1)(f) are—

(a)the First-tier Tribunal;

(b)the Mental Health Review Tribunal for Wales;

(c)the Secretary of State;

(d)the Welsh Ministers.]

Textual Amendments

F1Sch. AA1 inserted (16.5.2019 for specified purposes) by Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 1

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