(1)The Secretary of State shall prepare, and from time to time revise, a code of practice—
(a)for the guidance of medical practitioners, managers and staff of hospitals and mental health officers in relation to the detention and discharge of patients in and from hospitals under this Act, [F1guardianship under this Act and after-care services provided under section 8 of this Act for patients subject to community care orders]; and
(b)for the guidance of medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder.
(2)Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.
(3)The Secretary of State shall lay copies of the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.
(4)No resolution shall be passed by either House of Parliament under subsection (3) of this section in respect of a code or alteration after the expiration of the period of 40 days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
(5)The Secretary of State shall publish the code as for the time being in force.
Textual Amendments
F1Words in s. 119(1)(a) inserted (1.4.1996) by 1995 c. 52, ss. 4(2), 7(2), Sch. 2 para. 9