Part VE+W Mental Health Review Tribunals

Applications and references concerning Part II patientsE+W

66 Applications to tribunals.E+W

(1)Where—

(a)a patient is admitted to a hospital in pursuance of an application for admission for assessment; or

(b)a patient is admitted to a hospital in pursuance of an application for admission for treatment; or

(c)a patient is received into guardianship in pursuance of a guardianship application; or

[F1(ca)a community treatment order is made in respect of a patient; or

(cb)a community treatment order is revoked under section 17F above in respect of a patient; or]

(d)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)a patient is transferred from guardianship to a hospital in pursuance of regulations made under section 19 above; or

(f)a report is furnished under section 20 above in respect of a patient and the patient is not discharged [F3under section 23 above] ; or

[F4(fza)a report is furnished under section 20A above in respect of a patient and the patient is not discharged under section 23 above; or]

[F5(fa)a report is furnished under subsection (2) of section 21B above in respect of a patient and subsection (5) of that section applies (or subsections (5) and (6)(b) of that section apply) in the case of the report; or]

[F6(faa)a report is furnished under subsection (2) of section 21B above in respect of a community patient and subsection (6A) of that section applies (or subsections (6A) and (6B)(b) of that section apply) in the case of the report; or]

(fb)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)a report is furnished under section 25 above in respect of a patient who is detained in pursuance of an application for admission for treatment [F8or a community patient] ; or

(ga)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(gb)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(gc)F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)an order is made under section 29 above [F10on the ground specified in paragraph (c) or (d) of subsection (3) of that section] in respect of a patient who is or subsequently becomes liable to be detained or subject to guardianship under Part II of this Act [F11or who is a community patient] ,

an application may be made to [F12the appropriate tribunal] within the relevant period—

(i)by the patient (except in the cases mentioned in paragraphs (g) and (h) above F13. . .

(ii)in the cases mentioned in paragraphs (g) and (h) above, by his nearest relative.

(2)In subsection (1) above “the relevant period” means—

(a)in the case mentioned in paragraph (a) of that subsection, 14 days beginning with the day on which the patient is admitted as so mentioned;

(b)in the case mentioned in paragraph (b) of that subsection, six months beginning with the day on which the patient is admitted as so mentioned;

(c)in the [F14case mentioned in paragraph (c)] of that subsection, six months beginning with the day on which the application is accepted;

[F15(ca)in the case mentioned in paragraph (ca) of that subsection, six months beginning with the day on which the community treatment order is made;

(cb)in the case mentioned in paragraph (cb) of that subsection, six months beginning with the day on which the community treatment order is revoked;]

(d)[F16in the case mentioned in paragraph (g)]F17. . . of that subsection, 28 days beginning with the day on which the applicant is informed that the report has been furnished;

(e)in the case mentioned in paragraph (e) of that subsection, six months beginning with the day on which the patient is transferred;

(f)in the case mentioned in paragraph (f) [F18or (fa) of that subsection, the period or periods] for which authority for the patient’s detention or guardianship is renewed by virtue of the report;

[F19(fza)in the cases mentioned in paragraphs (fza) and (faa) of that subsection, the period or periods for which the community treatment period is extended by virtue of the report;]

(fa)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)in the case mentioned in paragraph (h) of that subsection, 12 months beginning with the date of the order, and in any subsequent period of 12 months during which the order continues in force.

[F21(2A)Nothing in subsection (1)(b) above entitles a community patient to make an application by virtue of that provision even if he is admitted to a hospital on being recalled there under section 17E above.]

(3)Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.

[F22(4)In this Act “the appropriate tribunal” means the First-tier Tribunal or the Mental Health Review Tribunal for Wales.

(5)For provision determining to which of those tribunals applications by or in respect of a patient under this Act shall be made, see section 77(3) and (4) below.]