Mental Health (Amendment) Act 1982

Care and treatment of detained patients

9 Visiting and examination of patients

(1) Section 37 of the principal Act (visiting and examination of patients) shall be amended as follows.

(2) After subsection (1) there shall be inserted—

“(1A) Any medical practitioner authorised for the purposes of subsection (1) of this section to visit and examine a patient may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital.”

(3) In subsection (2) (examination of patients in mental nursing homes) for the words "a registration authority" there shall be substituted the words " the Secretary of State " and for the words " that authority " there shall be substituted the words " the Secretary of State or, as the case may be, that authority ".

(4) In subsection (3) (production and inspection of medical records of patients in mental nursing homes) for the words " medical records" there shall be substituted the word " records ".

10 Re-classification of patients

After section 38(1) of the principal Act (re-classification of patients) there shall be inserted—

“(1A) Where a report under subsection (1) of this section in respect of a patient detained in a hospital is to the effect that he is suffering from psychopathic disorder or mental impairment but not from mental illness or severe mental impairment the responsible medical officer shall include in the report a statement of his opinion whether further medical treatment in hospital is likely to alleviate or prevent a deterioration of the patient's condition; and if he states that in his opinion such treatment is not likely to have that effect the authority of the managers to detain the patient shall cease.

(1B) Before furnishing a report under subsection (1) of this section the responsible medical officer shall consult one or more other persons who have been professionally concerned with the patient's medical treatment.”

11 Leave of absence and patients absent without leave

(1) Sections 39 and 40 of the principal Act (1eave of absence and patients absent without leave) shall be amended as follows.

(2) At the end of subsection (3) of section 39 (persons who may have custody of patient during leave of absence) there shall be inserted the words " or, if the patient is required in accordance with conditions imposed on the grant of leave of absence to reside in another hospital, of any officer on the staff of that other hospital. "

(3) After subsection (1) of section 40 (persons who may take into custody and return a patient absent without leave) there shall be inserted—

“(1A) Where the place referred to in paragraph (c) of subsection (1) of this section is a hospital other than the one in which the patient is for the time being liable to be detained, the references in that subsection to an officer on the staff of the hospital and the managers of the hospital shall respectively include references to an officer on the staff of the first-mentioned hospital and the managers of that hospital.”

(4) In subsection (3) of section 40 (period within which patient may be taken into custody) for the words from " after the expiration of the following period " to " twenty-eight days " there shall be substituted the words " after the expiration of the period of twenty-eight days beginning with the first day of his absence without leave ".

(5) After subsection (3) of section 40 there shall be inserted—

“(3A) A patient shall not be taken into custody under this section if the period for which he is liable to be detained is that specified in section 25(4), 29(3) or 30(2) or (4) of this Act and that period has expired.”