[F1(1)In the circumstances specified in subsection (2) below a person who is subject to service law and is serving in a country or territory outside the United Kingdom and a civilian in a corresponding position may be admitted to and detained in a service hospital outside the United Kingdom for [F2assessment]or treatment on the authority of an order of his commanding officer.
(2)Where it appears to a person’s commanding officer—
(a)that the person is suffering from mental disorder of a nature or degree which warrants his detention in a hospital for [F2assessment]or treatment for at least a limited period; and
(b)that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons,
that officer may, if he thinks fit, order that person to be admitted to and detained in a hospital specified in the order.
(3)Subject to subsection (4) below, no order shall be made by a person’s commanding officer under this section except on the written recommendations of two registered medical practitioners each of whom shall include in his recommendation a statement that he is satisfied of the matters set out in paragraphs (a) and (b) of subsection (2) above.
(4)In a case of urgent necessity a person’s commanding officer may make an order under this section for that person’s detention on the written recommendation of one registered medical practitioner if the practitioner includes in his recommendation, in addition to the statement required by subsection (3) above, a statement that it is of urgent necessity for the person in question to be admitted to and detained in a hospital under this section and that the obtaining of another recommendation for his admission and detention would involve undesirable delay.
(5)Where a person’s commanding officer makes an order for that person’s admission to and detention in a hospital by virtue of subsection (4) above on the recommendation of one registered medical practitioner he may, on production to him during the currency of that order of a recommendation of another registered medical practitioner made for the purposes of this section, make a further order for that person’s further detention in the hospital specified in his original order or for that person’s admission to and detention in a hospital specified in the order.
(6)An order of a person’s commanding officer under this section shall have effect for twenty-eight days or, in the case of an order made by virtue of subsection (4) above, for five days and shall, while in force, be sufficient authority for the following acts in relation to that person, that is to say—
(a)his being taken and conveyed to the hospital specified in the order;
(b)his detention in the hospital; and
(c)where arrangements are made for his removal to the United Kingdom for further [F2assessment]or treatment, his being taken from the hospital and conveyed to the United Kingdom and, for that purpose, his detention, subject to subsection (7) below, in any place or on board any ship or aircraft;
and a person in relation to whom such an order is in force shall, while being so conveyed or detained, be deemed to be in military, air-force or naval custody, as the case may be.
(7)Where a person is removed to the United Kingdom on the authority of his commanding officer’s order under this section he shall not, on the authority of the order, be detained in any place in the United Kingdom for longer than twenty-four hours.
(8)Where a person’s commanding officer is absent or otherwise not available the powers conferred by this section shall, except where that person is a civilian, be exercisable, in the same circumstances and subject to the same limitations, by any officer under the command of the first-mentioned officer, being an officer of or above the following ranks, that is to say, captain, flight-lieutenant or lieutenant according as he serves in the military, air or naval forces of the Crown.
(9)In this section—
“civilian in a corresponding position” means a person to whom Part II of the M1Army Act 1955, Part II of the M2Air Force Act 1955 or Parts I and II of the M3Naval Discipline Act 1957 is or are applied by section 209 of the Army Act 1955, section 209 of the Air Force Act 1955 or section 118 of the Naval Discipline Act 1957 respectively;
“commanding officer”, in relation to a person, means—
(a)where that person is subject to military law or air-force law, the officer in command of the unit or detachment to which that person belongs or is attached;
(b)where that person is subject to the Naval Discipline Act 1957, the officer in command of the ship or naval establishment to which that person belongs;
(c)where that person is a civilian in a corresponding position to a person subject to military law, air-force law or the Naval Discipline Act 1957, any officer of or above the rank of lieutenant colonel, wing commander or commander respectively;
“mental disorder” has the same meaning as it has in [F3the Mental Health Act 1983];
“service hospital” means a military, air-force or naval unit or establishment or a ship at or in which medical or surgical treatment is provided for persons subject to service law; and
“service law” means military law, air-force law or the Naval Discipline Act 1957;
and any reference to the United Kingdom includes a reference to the Channel Islands and the Isle of Man.]
Textual Amendments
F1S. 13 repealed (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 17; S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2Word substituted by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), s. 65(1), Sch. 3 para. 62
F3Words substituted by Mental Health Act 1983 (c. 20, SIF 85), s. 148, Sch. 4 para. 59
Marginal Citations