- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/04/1996)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 05/10/2005
Point in time view as at 01/04/1996.
There are currently no known outstanding effects for the Mental Health (Patients in the Community) Act 1995, SCHEDULE 2.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 4(2).
1U.K.In section 3 of the M1Mental Health (Scotland) Act 1984 (functions and duties of Mental Welfare Commission), in each of subsections (1) and (2)(b), after the word “guardianship” there shall be inserted “ or a community care order ”.
Marginal Citations
2U.K.In section 5 of that Act (duties of Secretary of State and local authorities in relation to Mental Welfare Commission), after subsection (2) there shall be inserted the following subsection—
“(3)The local authority providing after-care services under section 8 of this Act for a patient subject to a community care order shall afford the Mental Welfare Commission all facilities necessary to carry out their functions in relation to such a patient.”
3U.K.In section 8(1) of that Act (duty of local authority to provide after-care services), at the end there shall be inserted the words “ and shall (without prejudice to the foregoing) provide or arrange for the provision of after-care services for any person who is subject to a community care order ”.
4U.K.In section 62 of that Act (application of Act to patients subject to restriction orders), in subsection (1), after paragraph (a) there shall be inserted the following paragraph—
“(aa)none of the provisions of Part V of this Act relating to community care orders shall apply;”.
5U.K.In Schedule 2 to that Act (application of Part V to patients subject to hospital or guardianship orders), in Part I (hospital order without restriction order and transfer order without restriction)—
(a)in paragraph 1 (provisions applying without modification), after “32,” there shall be inserted “ 35A, ”;
(b)in paragraph 2 (provisions applying with modifications), after “35,” there shall be inserted “ 35B, ”; and
(c)after paragraph 8 there shall be inserted the following paragraph—
“8AIn section 35B(1) for the words “an application for admission” there shall be substituted the words “an order or direction by virtue of which he is liable under Part VI of this Act to be detained.””
6U.K.In section 105 of that Act (ill-treatment of patients), after subsection (2) there shall be inserted the following subsection—
“(2A)It shall be an offence for any individual to ill-treat or wilfully neglect a patient in respect of whom a community care order is for the time being in force.”
7U.K.In section 109 of that Act (obstruction), in subsection (1), after the word “Act,” there shall be inserted “ or to give access to any person to a person so authorised ”.
8U.K.In section 111(1) of that Act (duty of managers of hospital to inform nearest relative of discharge of patient), after the words “nearest relative” in the first place where they occur there shall be inserted “ or the making of a community care order ”.
9U.K.In section 119 of that Act (code of practice), in subsection (1)(a) (guidance to medical practitioners, mental health officers etc.), after the word “Act” there shall be inserted “ guardianship under this Act and after-care services provided under section 8 of this Act for patients subject to community care orders ”.
10U.K.In section 125(1) of that Act (interpretation), the following definitions shall be inserted in the appropriate places in alphabetical order—
““after-care officer” has the meaning assigned to it by section 35A(4)(c) of this Act;”;
““community care application” and “community care order” have the meanings respectively assigned to them by section 35A(1) of this Act;”;
““special medical officer” has the meaning assigned to it by section 35A(4)(b) of this Act”.
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