SCHEDULES

SCHEDULE 5Part 1: amendments of other enactments

Mental Health Act 1983 (c. 20)

I128

1

Section 39 (power of court to request information from hospitals) is amended as follows.

2

In subsection (1)—

a

omit “Primary Care Trust or” in each place it appears,

b

in paragraph (a), after the first “the” insert “clinical commissioning group or”,

c

in paragraph (b), at the beginning insert “the National Health Service Commissioning Board or”,

d

in that paragraph, after “or any other” insert “clinical commissioning group or”,

e

after “such information as that” insert “clinical commissioning group or”,

f

after “Local Health Board or”, in each place it appears, insert “the National Health Service Commissioning Board or the”, and

g

after “order, and that” insert “clinical commissioning group or”.

3

After subsection (1) insert—

1ZA

A request under this section to the National Health Service Commissioning Board may relate only to services or facilities the provision of which the Board arranges.

4

In consequence of the repeals made by sub-paragraph (2), omit paragraph 46 of Schedule 2 to the National Health Service Reform and Health Care Professions Act 2002.