Mental Health Act 1983

75 Applications and references concerning conditionally discharged restricted patients. E+W

(1) Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above and is subsequently recalled to hospital—

(a) the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to [F1 the appropriate tribunal]; and

(b) section 70 above shall apply to the patient as if the relevant hospital order [F2 , hospital direction] or transfer direction had been made on that day.

(2) Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to [F3 the appropriate tribunal]—

(a) in the period between the expiration of 12 months and the expiration of two years beginning with the date on which he was conditionally discharged; and

(b) in any subsequent period of two years.

(3) Sections 73 and 74 above shall not apply to an application under subsection (2) above but on any such application the tribunal may—

(a) vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or

(b) direct that the restriction order [F4 , limitation direction] or restriction direction to which he is subject shall cease to have effect;

and if the tribunal [F5 gives] a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order [F6 , hospital direction] or transfer direction.

Textual Amendments

F1 Words in s. 75(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 56(a)

F2 Words in s. 75(1)(b) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 12(13); S.I. 1997/2200, art. 2

F3 Words in s. 75(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 56(a)

F4 Words in s. 75(3)(b) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 41(a), 56 (with Sch. 10); S.I. 2007/2798, art. 2(e)

F5 Word in s. 75(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 56(b)

F6 Words in s. 75(3) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 41(b), 56 (with Sch. 10); S.I. 2007/2798, art. 2(e)