C1C2Part II Compulsory Admission to Hospital and Guardianship
Part II (ss. 2-34) modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para.3 (with saving in s. 8); S.I. 1991/2488, art. 2
F6Duration of authority and discharge
S. 20: cross-heading substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 32(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
25 Restrictions on discharge by nearest relative.
1
An order for the discharge of a patient who is liable to be detained in a hospital shall not be made F1under section 23 above by his nearest relative except after giving not less than 72 hours’ notice in writing to the managers of the hospital; and if, within 72 hours after such notice has been given, the F2responsible clinician furnishes to the managers a report certifying that in the opinion of F3that clinician the patient, if discharged, would be likely to act in a manner dangerous to other persons or to himself—
a
any order for the discharge of the patient made by that relative in pursuance of the notice shall be of no effect; and
b
no further order for the discharge of the patient shall be made by that relative during the period of six months beginning with the date of the report.
F41A
Subsection (1) above shall apply to an order for the discharge of a community patient as it applies to an order for the discharge of a patient who is liable to be detained in a hospital, but with the reference to the managers of the hospital being read as a reference to the managers of the responsible hospital.
2
In any case where a report under subsection (1) above is furnished in respect of a patient who is liable to be detained in pursuance of an application for admission for treatment F5, or in respect of a community patient, the managers shall cause the nearest relative of the patient to be informed.
Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)