C1C2Part II Compulsory Admission to Hospital and Guardianship

Annotations:
Modifications etc. (not altering text)

Duration of detention or guardianship and discharge

23 Discharge of patients.

1

Subject to the provisions of this section and section 25 below, a patient who is for the time being liable to be detained or subject to guardianship under this Part of this Act shall cease to be so liable or subject if an order in writing discharging him from detention or guardianship (in this Act referred to as “an order for discharge” is made in accordance with this section.

2

An order for discharge may be made in respect of a patient—

a

where the patient is liable to be detained in a hospital in pursuance of an application for admission for assessment or for treatment by the responsible medical officer, by the managers or by the nearest relative of the patient;

b

where the patient is subject to guardianship, by the responsible medical officer, by the responsible local social services authority or by the nearest relative of the patient.

3

Where the patient is liable to be detained in a F12registered establishment in pursuance of an application for admission for assessment or for treatment, an order for his discharge may, without prejudice to subsection (2) above, be made by the Secretary of State and, if the patient is maintained under a contract with a F1National Health Service trust F2, F3NHS foundation trust,F4Health Authority, Special Health Authority or Primary Care Trust, by that National Health Service trust, F3NHS foundation trust,F4Health Authority, Special Health Authority or Primary Care Trust..

4

The powers conferred by this section on any authority F5trust F6(other than an NHS foundation trust) or body of persons may be exercised F5subject to subsection (5) below by any three or more members of that authority F5trust or body authorised by them in that behalf or by three or more members of a committee or sub-committee of that authority F5trust or body which has been authorised by them in that behalf.

F75

The reference in subsection (4) above to the members of an authority, trust or body or the members of a committee or sub-committee of an authority, trust or body,—

a

in the case of F8a F9Health Authority, Special Health Authority or Primary Care Trust or a committee or sub-committee of F8a F9Health Authority, Special Health Authority or Primary Care Trust, is a reference only to the chairman of the authority F13or trustand such members (of the authority F13, trust, committee or sub-committee, as the case may be) as are not also officers of the authority F13or trust, within the meaning of F10the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 ; and

b

in the case of a National Health Service trust or a committee or sub-committee of such a trust, is a reference only to the chairman of the trust and such directors or (in the case of a committee or sub-committee) members as are not also employees of the trust.

F116

The powers conferred by this section on any NHS foundation trust may be exercised by any three or more non-executive directors of the board of the trust authorised by the board in that behalf.