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Mental Health Act 2007

Mental Health Act 2007

2007 CHAPTER 12

Commentary

Part 1 – Amendments to Mental Health Act 1983

Chapter 2 - Professional Roles
Section 11: Further amendments to Part 3 of 1983 Act

55.Section 11 makes further similar amendments to Part 3 of the 1983 Act (patients concerned in criminal proceedings etc). As well as replacing references to RMOs with RCs, it provides that certain functions restricted to registered medical practitioners may be exercised instead by ACs.  For example, under section 50(1), the Secretary of State (in effect the Secretary of State for Justice) will be able to return a patient subject to a restricted transfer direction under section 47 to prison, or exercise certain powers in relation to the person’s release, if he or she is notified either by the patient's RC or another AC (rather than only another registered medical practitioner) that the patient no longer needs treatment in hospital or appropriate treatment is no longer available.

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