Sections 40(1), 41(3) and (5), and 55(4).
1Sections 9, 10, 17, [F1 21 to 21B], 24(3) and (4), [F225C] to 28, 31, 32, 67 and 76 shall apply in relation to the patient without modification.
Textual Amendments
F1Words in Sch. 1 Pt. I para. 1 substituted (1.4.1996) by 1995 c. 52, ss. 2(8), 7(2)
F2Words in Sch. 1 Pt. I para. 1 substituted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1 para. 6(a)
2Sections 16, 18, 19, 20, 22, 23 [F3, 25A, 25B] and 66 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 9 below.
Textual Amendments
F3Words in Sch. 1, para. 2 inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 6(b)
Valid from 03/11/2008
[F42AE+WIn section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.
Textual Amendments
F4Sch. 1 Pt. 1 paras. 2A, 2B inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 36(4) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
Valid from 03/11/2008
2BE+WIn section 17G—
(a)in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below;
(b)in subsection (4) for paragraphs (a) and (b) there shall be substituted the words the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital; and
(c)in subsection (5) for the words from “the patient” to the end there shall be substituted the words the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked.]
Textual Amendments
F4Sch. 1 Pt. 1 paras. 2A, 2B inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 36(4) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
3In section 16(1) for references to an application for admission or a guardianship application there shall be substituted references to the order or direction under Part III of this Act by virtue of which the patient is liable to be detained or subject to guardianship.
4E+WIn section 18 subsection (5) shall be omitted.
5E+WIn section 19(2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained or subject to guardianship before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred, or placing him under the guardianship of the authority or person into whose guardianship he is transferred, as the case may be”.
Valid from 03/11/2008
[F55AE+WIn section 19A(2), paragraph (b) shall be omitted.]
Textual Amendments
F5Sch. 1 Pt. 1 para. 5A inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 36(5) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
6In subsection 20—
(a)in subsection (1) for the words from “day on which he was” to “as the case may be” there shall be substituted the words “date of the relevant order or direction under Part III of this Act”; and
(b)in subsection (9) for the words “the application for admission for treatment or, as the case may be, in the guardianship application, that application” there shall be substituted the words “the relevant order or direction under Part III of this Act, that order or direction”.
Valid from 03/11/2008
[F66AE+WIn section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.]
Textual Amendments
F6Sch. 1 Pt. 1 para. 6A inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 36(6) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
7E+WIn section 22 for references to an application for admission or a guardianship application there shall be substituted references to the order or direction under Part III of this Act by virtue of which the patient is liable to be detained or subject to guardianship.
8In section 23(2)—
(a)in paragraph (a) the words “for assessment or” shall be omitted; and
(b)in paragraphs (a) and (b) the references to the nearest relative shall be omitted.
[F78AIn sections 25A(1)(a) and 25B(5)(a) for the words “in pursuance of an application for admission for treatment” there shall be substituted the words “by virtue of an order or direction for his admission or removal to hospital under Part III of this Act”.]
Textual Amendments
F7S. 8A inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 6(c)
9E+WIn section 66—
(a)in subsection (1), paragraphs (a), (b), (c), (g) and (h), the words in parenthesis in paragraph (i) and paragraph (ii) shall be omitted; and
(b)in subsection (2), paragraphs (a), (b), (c) and (g) [F8, and in paragraph (d) “, (g)”, shall be omitted.].
Textual Amendments
F8Words in Sch. 1, para. 9(b) substituted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 14
Valid from 03/11/2008
[F910E+WIn section 68—
(a)in subsection (1) paragraph (a) shall be omitted; and
(b)subsections (2) to (5) shall apply if the patient falls within paragraph (e) of subsection (1), but not otherwise.]
Textual Amendments
F9Sch. 1 Pt. 1 para. 10 inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(6)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)
1E+WSections 24(3) and (4), 32 and 76 shall apply in relation to the patient without modification.
2Sections 17 to 19, 22, 23 and 34 shall apply in relation to the patient with the modifications specified in paragraphs 3 to 8 below.
3In section 17—
(a)in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;
(b)in subsection (4) after the words “the responsible medical officer” and after the words “that officer” there shall be inserted the words “or the Secretary of State”; and
(c)in subsection (5) after the word “recalled” there shall be inserted the words “by the responsible medical officer”, and for the words from “he has ceased” to the end of the subsection there shall be substituted the words “the expiration of the period of [F10twelve] months beginning with the first day of his absence on leave”.
Textual Amendments
F10Words in Sch. 1, Pt. II, para. 3(c) substituted (1.4.1996 with application as mentioned in s. 3(3) of substituting Act) by 1995 c. 52, ss. 3(2)(3), 7(2)
4E+WIn section 18 there shall be omitted—
(a)in subsection (1) the words “subject to the provisions of this section”; and
(b)subsections (3), (4) and (5).
5In section 19—
(a)in subsection (1) after the word “may” in paragraph (a) there shall be inserted the words “with the consent of the Secretary of State”, and the words from “or into” to the end of the subsection shall be omitted; and
(b)in subsection (2) for the words from “as follows” to the end of the subsection there shall be substituted the words “as if the order or direction under Part III of this Act by virtue of which he was liable to be detained before being transferred were an order or direction for his admission or removal to the hospital to which he is transferred”.
6In section 22 subsection (1) and paragraph (a) of subsection (2) shall not apply.
7E+WIn section 23—
(a)in subsection (1) references to guardianship shall be omitted and after the word “made” there shall be inserted the words “with the consent of the Secretary of State and” and
(b)in subsection (2)—
(i)in paragraph (a) the words “for assessment or” and “or by the nearest relative of the patient” shall be omitted; and
(ii)paragraph (b) shall be omitted.
8E+WIn section 34, in subsection (1) the definition of “the nominated medical attendant” and subsection (3) shall be omitted.