(1)This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of [F1a hospital direction made under section 45A above or] a transfer direction made under section 47 or 48 above, and then cease to be detained and [F2(whether or not immediately after so ceasing)] leave hospital.
(2)It shall be the duty of the [F3Primary Care Trust or][F4Local Health Board] and of the local social services authority to provide, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the [F3Primary Care Trust or][F4Local Health Board] and the local social services authority are satisfied that the person concerned is no longer in need of such services [F5; but they shall not be so satisfied in the case of a [F6community patient while he remains such a patient.] .]
F7(2A)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B)Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.
[F9(2C)References in this Act to after-care services provided for a patient under this section include references to services provided for the patient—
(a)in respect of which direct payments are made under regulations under section 57 of the Health and Social Care Act 2001 or section 12A(4) of the National Health Service Act 2006, and
(b)which would be provided under this section apart from the regulations.]
(3)In this [F10section “ the [F3Primary Care Trust or][F4Local Health Board]” means the [F3Primary Care Trust or][F4Local Health Board], and “the local social services authority” means the local social services authority, for the area] in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained.
Textual Amendments
F1Words in s. 117(1) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4, para. 12(17); S.I.1997/2200, art. 2(2)
F2Words in s. 117(1) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 15(2)
F3Words in s. 117(2)(2A)(3) inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 47; S.I. 2002/2478, art. 3(1)(d) (with saving in art. 3(3) and transitional provision in art. 4)
F4Words in s. 117(2)(2A)(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(9)
F5Words in s. 117(2) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 15(3)
F6Words in s. 117(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 24 (with Sch. 10); S.I. 2008/1210, art. 2(b) (with art. 4)
F7S. 117(2A)-(2B) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 15(4)
F8S. 117(2A) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4)
F9S. 117(2C) inserted (19.1.2010) by Health Act 2009 (c. 21), s. 40(1), Sch. 1 para. 3; S.I. 2010/30, art. 2(b)
F10Words in s. 117(3) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1), 9(3), Sch. 1, Pt. III, para. 107(8)(b) (with ss. 2(3), 8)
Modifications etc. (not altering text)
C1S. 117(2)(2A): functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2