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The Health Act 1999 (Supplementary, Consequential etc. Provisions) Order 2000

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Mental Health Act 1983

16.  (1)  The Mental Health Act 1983(1) is amended as follows.

(2) In section 12 (general provisions as to medical recommendations), in subsection (3)(2), for “65 or 66” there is substituted “18A(4), 65 or 66”.

(3) In section 19 (regulations as to transfer of patients)(3), in subsection (3), after “National Health Service trust”, in both places the words appear, there is inserted “or Primary Care Trust”.

(4) In section 23 (discharge of patients)(4)–

(a)in subsection (3), for “Health Authority or Special Health Authority ”, in each place the words appear, there is substituted “Health Authority, Special Health Authority or Primary Care Trust”;

(b)in subsection (5)(a)–

(i)for “Health Authority or Special Health Authority”, in each place the words appear, there is substituted “Health Authority, Special Health Authority or Primary Care Trust”;

(ii)after “authority”, in the first and third places the word appears, there is inserted “or trust”; and

(iii)after “authority”, in the second place the word appears, there is inserted “, trust”.

(5) In section 24 (visiting and examination of patients)(5), in subsection (3), after “Special Health Authority”, in both places the words appear, there is inserted “, Primary Care Trust”.

(6) In section 32 (regulations for purposes of Part II)(6), in subsection (3), after “Special Health Authorities” there is inserted “ , Primary Care Trusts”.

(7) In section 134 (correspondence of patients), in subsection (3)(e)(7), for “or Special Health Authority” there is substituted “, Special Health Authority or Primary Care Trust”.

(8) In section 139 (protection for acts done in pursuance of this Act), in subsection (4)(8), for “or Special Health Authority” there is inserted “, Special Health Authority or Primary Care Trust”.

(9) In section 145 (interpretation), in subsection (1)–

(a)in the definition of “the managers”, in paragraph (bb)(9), after “vested in” there is inserted “a Primary Care Trust or”;

(b)after the definition of “patient” there is inserted–

“Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;.

(2)

Section 12(3) was amended by the 1990 Act, Schedule 9, paragraph 24(1).

(3)

Section 19(3) was amended by the 1990 Act, Schedule 9, paragraph 24(2).

(4)

Section 23 was amended by the 1990 Act, Schedule 9, paragraph 24(3) and the 1995 Act, Schedule 1, paragraph 107(2).

(5)

Section 24(3) was amended by the 1990 Act, Schedule 9, paragraph 24(4) and the 1995 Act, Schedule 1, paragraph 107(3).

(6)

Section 32(3) was amended by the 1990 Act, Schedule 9, paragraph 24(5) and the 1995 Act, Schedule 1, paragraph 107(4).

(7)

Section 134(3)(e) was amended by the 1995 Act, Schedule 1, paragraph 107(10).

(8)

Section 139(4) was amended by the 1990 Act, Schedule 9, paragraph 25(7) and the 1995 Act, Schedule 1, paragraph 107(11).

(9)

Paragraph (bb) was inserted by the 1990 Act, Schedule 9, paragraph 25(9) and amended by the Mental Health (Amendment) Act 1994 (c. 6), section 1.

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