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Mental Health Act 1983
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- 1983 c. 20
- Part VI
- Return of patients absent...
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Mental Health Act 1983, Cross Heading: Return of patients absent without leave is up to date with all changes known to be in force on or before 19 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 1996 c. 46 Sch. 2 para. 9(replacing1968 c 20 s. 23) (Act applied (prosp.) by 1968 c. 20, s. 23(4) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 9 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act applied (prosp.) by 1957 c. 53, s. 63C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))
- Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act applied (prosp.) by 1955 c. 18, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act: Power to apply conferred (prosp.) by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act: Power to apply conferred (prosp.) by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act: Power to apply conferred (prosp.) by 1955 c. 18, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 74(8) inserted by 2015 c. 2 Sch. 3 para. 3(3)
Return of patients absent without leaveU.K.
87 Patients absent from hospitals in Northern Ireland.E+W+N.I.
(1)Any person who—
(a)under [F1Article 29 or 132 of the Mental Health (Northern Ireland) Order 1986] (which provide, respectively, for the retaking of patients absent without leave and for the retaking of patients escaping from custody); or
(b)under the said [F1Article 29 as applied by Article 31 of the said Order](which makes special provision as to persons sentenced to imprisonment),
may be taken into custody in Northern Ireland, may be taken into custody in, and returned to Northern Ireland from, England and Wales by an [F2approved mental health professional] , by any constable or by any person authorised by or by virtue of the [F1said Order] to take him into custody.
(2)This section does not apply to any person who is subject to guardianship.
Textual Amendments
F1Words substituted by S.I. 1986/596, art. 2(15)
F2Words in s. 87(1) substituted (3.11.2008 for E.W.) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 7(f) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)
[F388 Patients absent from hospitals in England and Wales.U.K.
(1)Subject to the provisions of this section, any person who, under section 18 above or section 138 below or under the said section 18 as applied by section 22 above, may be taken into custody in England and Wales may be taken into custody in, and returned to England and Wales from, [F4Northern Ireland].
[F5(2)For the purposes of the enactments referred to in subsection (1) above in their application by virtue of this section, the expression “constable” includes an officer or constable of the Police Service of Northern Ireland.]
(3)For the purposes of the said enactments in their application by virtue of this section [F6to Scotland or Northern Ireland], any reference to an [F7approved mental health professional]shall be construed as including a reference—
(a)[F8in Scotland, to any mental health officer within the meaning of the [F9Mental Health (Care and Treatment)(Scotland) Act 2003];]
(b)[F10in Northern Ireland,] to any [F11approved social worker within the meaning of the Mental Health (Northern Ireland) Order 1986].
(4)This section does not apply to any person who is subject to guardianship.]
Textual Amendments
F3S. 88 repealed (S.) (3.11.2008) by Adult Support and Protection (Scotland) Act 2007 (asp. 10), ss. 74, 79; S.S.I. 2008/49, art. 2(2) (as amended by S.I. 2008/116, art. 2(2) and S.S.I. 2008/314, art. 3)
F4Words in s. 88(1) substituted (28.10.2008 for E.W.) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 14(2) (with Sch. 10); S.I. 2008/2788, art. 2(a)
F5S. 88(2) substituted (28.10.2008 for E.W.) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 14(3) (with Sch. 10); S.I. 2008/2788, art. 2(a)
F6Words in s. 88(3) repealed (28.10.2008 for E.W.) by Mental Health Act 2007 (c. 12), ss. 39, 55, 56, Sch. 5 para. 14(4)(a), Sch. 11 Pt. 7 (with Sch. 10); S.I. 2008.2788, {art. 2}
F7Words in s. 88(3) substituted (3.11.2008 for E.W.) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 7(g) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)
F8S. 88(3)(a) repealed (28.10.2008 for E.W.) by Mental Health Act 2007 (c. 12), ss. 39, 55, 56, Sch. 5 para. 14(4)(b), Sch. 11 Pt. 7 (with Sch. 10); S.I. 2008/2788, art. 2
F9Words in s. 88(3)(a) substituted (S.) (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order 2005 (S.S.I. 2005/465), art. 2, Sch. 1 para. 13(3) and words in s. 80(3)(a) substituted (E.W.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 2(5)
F10Words in s. 88(3)(b) repealed (28.10.2008 for E.W.) by Mental Health Act 2007 (c. 12), ss. 39, 55, 56, Sch. 5 para. 14(4)(c), Sch. 11 Pt. 7 (with Sch. 10); S.I. 2008/2788, art. 2(b)
F11Words substituted by S.I. 1986/596, art. 2(16)
89 Patients absent from hospitals in the Channel Islands or Isle of Man.E+W
(1)Any person who under any provision corresponding to section 18 above or 138 below may be taken into custody in any of the Channel Islands or the Isle of Man may be taken into custody in, and returned to the island in question from, England and Wales by an [F12approved mental health professional] or a constable.
(2)This section does not apply to any person who is subject to guardianship.
Textual Amendments
F12Words in s. 89(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 7(h) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)
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