Coronavirus Act 2020

Section 10

SCHEDULE 8 E+W Mental health: England and Wales

[F1 PART 1 E+W Introductory provision etc

Textual Amendments

F1 Sch. 8 Pt. 1 expires (E.) (10.12.2020) by The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020 (S.I. 2020/1467), reg. 2(1)(a) (with reg. 2(2))

Sch. 8 Pt. 1 expires in part (W.) (10.12.2020) by The Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020 (S.I. 2020/1467), reg. 2(1)(b)(ii)

Interpretation E+W

1 (1) References in this Schedule to sections are to sections of the Mental Health Act 1983 (“the 1983 Act”). E+W

(2) Expressions used in this Schedule and in the 1983 Act have the same meaning as in that Act.

Commencement Information

I1 Sch. 8 para. 1 in force at 27.3.2020 at 9.00 a.m. for W. by S.I. 2020/366, reg. 2(b)

Forms E+W

2 E+W Where any form prescribed for use in connection with a provision of the 1983 Act is inconsistent with a modification made by Part 2 of this Schedule, the form—

(a) may, in connection with the provision as so modified, be used with appropriate amendments;

(b) is otherwise, for use in that connection, to be read with such amendments as are necessary to reflect the modification.]

Commencement Information

I2 Sch. 8 para. 2 in force at 27.3.2020 at 9.00 a.m. for W. by S.I. 2020/366, reg. 2(b)

F2 PART 2 E+W Modifications of the Mental Health Act 1983 and related provision

Textual Amendments

F2 Sch. 8 Pt. 2 expires (25.3.2022) by Coronavirus Act 2020 (c. 7), s. 89 (with s. 90)

Prospective

F2 Applications for compulsory admission to hospital for assessment or treatment E+W

F2 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F2 Applications for compulsory admission of patients already in hospital E+W

F2 4 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F2 Period of remand to hospital E+W

F2 5 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F2 Court orders for the detention of accused or convicted persons in hospital E+W

F2 6 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F2 Directions for the transfer of prisoners to hospital E+W

F2 7 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F2 Conveyance of accused or convicted persons to hospital E+W

F2 8 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F2 Administration of medicine to persons liable to detention in hospital E+W

F2 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

F2 Detention in place of safety E+W

F2 10 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 Constitution and proceedings of the Mental Health Review Tribunal for Wales E+W

F2 11 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 12 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Prospective

PART 3 E+W Transitional provision

14 E+W Paragraph 4(2) or (3), 8(3) or 10 continues to apply after the end of a period for which it has effect for the purposes of determining the length of any period which has begun before the end of that period.

15 E+W Where, by virtue of paragraph 5, a person has been remanded under section 35(7) or 36(6) for more than 12 weeks in all, the person may not be further remanded under that provision after the end of a period for which that paragraph has effect.

16 (1) Paragraph 8(1) continues to apply after the end of a period for which it has effect in relation to any order or direction made during that period, subject to sub-paragraph (2). E+W

(2) The constable or other person whose duty is modified by that provision must in any event convey the person concerned to the requisite hospital within the period of seven days beginning with the day on which the period referred to in sub-paragraph (1) ends.

17 E+W Paragraph 11(3) to (6) continues to apply after the end of a period for which it has effect in relation to proceedings that are, when the period ends, before a constitution of the Mental Health Review Tribunal for Wales appointed under sub-paragraph (2) of that paragraph.

18 E+W Paragraph 12 continues to apply after the end of a period for which it has effect in relation to any application or reference with respect to which, when the period ends, a decision to dispense with a hearing has been notified by the Mental Health Review Tribunal for Wales under sub-paragraph (3) of that paragraph and remains current

19 E+W Paragraph 13 continues to apply after the end of a period for which it has effect in relation to any nomination of a temporary deputy that is in force when the period ends.