Soldato
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- The land of milk & beans
No, he releases his musk to attract the super hot girls near him.
Ever wondered what Arek gets up to in his free time?
- Thread starter Azza
- Start date
Soldato
- Joined
- 9 Oct 2009
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Who and wtf??!!
Soldato
- Joined
- 29 Aug 2006
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- 3,779
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- Wales
This is why we will eradicate your humanity away by governing your behaviour, conditioning you to believe in our institutions and the mechanics of the scientific method above all else. We will enslave your soul, your body, your mind. You WILL ****ING BEHAVE.
1 Application of Act: “mental disorder”.(1)The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters.
(2)In this Act—
[F1“mental disorder” means any disorder or disability of the mind; and
“mentally disordered” shall be construed accordingly;]
F1F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and other expressions shall have the meanings assigned to them in section 145 below.
[F3(2A)But a person with learning disability shall not be considered by reason of that disability to be—
(a)suffering from mental disorder for the purposes of the provisions mentioned in subsection (2B) below; or
(b)requiring treatment in hospital for mental disorder for the purposes of sections 17E and 50 to 53 below,
unless that disability is associated with abnormally aggressive or seriously irresponsible conduct on his part.
(2B)The provisions are—
(a)sections 3, 7, 17A, 20 and 20A below;
(b)sections 35 to 38, 45A, 47, 48 and 51 below; and
(c)section 72(1)(b) and (c) and (4) below.]
[F4(3)Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.]
[F5(4)In subsection (2A) above, “learning disability” means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning.]
Procedure for hospital admission2 Admission for assessment.(1)A patient may be admitted to a hospital and detained there for the period allowed by subsection (4) below in pursuance of an application (in this Act referred to as “an application for admission for assessment”) made in accordance with subsections (2) and (3) below.
(2)An application for admission for assessment may be made in respect of a patient on the grounds that—
(a)he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and
(b)he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.
(3)An application for admission for assessment shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with.
(4)Subject to the provisions of section 29(4) below, a patient admitted to hospital in pursuance of an application for admission for assessment may be detained for a period not exceeding 28 days beginning with the day on which he is admitted, but shall not be detained after the expiration of that period unless before it has expired he has become liable to be detained by virtue of a subsequent application, order or direction under the following provisions of this Act.
3 Admission for treatment.(1)A patient may be admitted to a hospital and detained there for the period allowed by the following provisions of this Act in pursuance of an application (in this Act referred to as “an application for admission for treatment”) made in accordance with this section.
(2)An application for admission for treatment may be made in respect of a patient on the grounds that—
(a)he is suffering from [F1mental disorder]F1 of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this section[F3; and
(d)appropriate medical treatment is available for him.]
F3(3)An application for admission for treatment shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with; and each such recommendation shall include—
(a)such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraphs (a) and [F4(d)]F4 of that subsection; and
(b)a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (c) of that subsection, specifying whether other methods of dealing with the patient are available and, if so, why they are not appropriate.
[F5(4)In this Act, references to appropriate medical treatment, in relation to a person suffering from mental disorder, are references to medical treatment which is appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case.]
Annotations: Help about AnnotationAmendments (Textual)F1Words in s. 3(2)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1, 56, Sch. 1 para. 2 (with Sch. 10); S.I. 2008/1900, art. 2(a) (with art. 3, Sch.)F2S. 3(2)(b) and following word repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(2)(a), 55, 56. {Sch. 11 Pt. 2} (with Sch. 10); S.I. 2008/1900, art. 2(b)(p) (with art. 3, Sch.)F3S. 3(2)(d) and preceding word inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F4Word in s. 3(3)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(2)(c), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F5S. 3(4) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)4 Admission for assessment in cases of emergency.(1)In any case of urgent necessity, an application for admission for assessment may be made in respect of a patient in accordance with the following provisions of this section, and any application so made is in this Act referred to as “an emergency application”.
(2)An emergency application may be made either by an [F6approved mental health professional]F6 or by the nearest relative of the patient; and every such application shall include a statement that it is of urgent necessity for the patient to be admitted and detained under section 2 above, and that compliance with the provisions of this Part of this Act relating to applications under that section would involve undesirable delay.
(3)An emergency application shall be sufficient in the first instance if founded on one of the medical recommendations required by section 2 above, given, if practicable, by a practitioner who has previous acquaintance with the patient and otherwise complying with the requirements of section 12 below so far as applicable to a single recommendation, and verifying the statement referred to in subsection (2) above.
(4)An emergency application shall cease to have effect on the expiration of a period of 72 hours from the time when the patient is admitted to the hospital unless—
(a)the second medical recommendation required by section 2 above is given and received by the managers within that period; and
(b)that recommendation and the recommendation referred to in subsection (3) above together comply with all the requirements of section 12 below (other than the requirement as to the time of signature of the second recommendation).
(5)In relation to an emergency application, section 11 below shall have effect as if in subsection (5) of that section for the words “the period of 14 days ending with the date of the application” there were substituted the words “the previous 24 hours”.
Annotations: Help about AnnotationAmendments (Textual)F6Words in s. 4(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 2(a) (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.)5 Application in respect of patient already in hospital.(1)An application for the admission of a patient to a hospital may be made under this Part of this Act notwithstanding that the patient is already an in-patient in that hospital or, in the case of an application for admission for treatment that the patient is for the time being liable to be detained in the hospital in pursuance of an application for admission for assessment; and where an application is so made the patient shall be treated for the purposes of this Part of this Act as if he had been admitted to the hospital at the time when that application was received by the managers.
(2)If, in the case of a patient who is an in-patient in a hospital, it appears to the registered medical practitioner [F7or approved clinician]F7 in charge of the treatment of the patient that an application ought to be made under this Part of this Act for the admission of the patient to hospital, he may furnish to the managers a report in writing to that effect; and in any such case the patient may be detained in the hospital for a period of 72 hours from the time when the report is so furnished.
[F8(3)The registered medical practitioner or approved clinician in charge of the treatment of a patient in a hospital may nominate one (but not more than one) person to act for him under subsection (2) above in his absence.
(3A)For the purposes of subsection (3) above—
(a)the registered medical practitioner may nominate another registered medical practitioner, or an approved clinician, on the staff of the hospital; and
(b)the approved clinician may nominate another approved clinician, or a registered medical practitioner, on the staff of the hospital.]
F8(4)If, in the case of a patient who is receiving treatment for mental disorder as an in-patient in a hospital, it appears to a nurse of the prescribed class—
(a)that the patient is suffering from mental disorder to such a degree that it is necessary for his health or safety or for the protection of others for him to be immediately restrained from leaving the hospital; and
(b)that it is not practicable to secure the immediate attendance of a practitioner [F9or clinician]F9 for the purpose of furnishing a report under subsection (2) above,
the nurse may record that fact in writing; and in that event the patient may be detained in the hospital for a period of six hours from the time when that fact is so recorded or until the earlier arrival at the place where the patient is detained of a practitioner [F9or clinician]F9 having power to furnish a report under that subsection.
(5)A record made under subsection (4) above shall be delivered by the nurse (or by a person authorised by the nurse in that behalf) to the managers of the hospital as soon as possible after it is made; and where a record is made under that subsection the period mentioned in subsection (2) above shall begin at the time when it is made.
(6)The reference in subsection (1) above to an in-patient does not include an in-patient who is liable to be detained in pursuance of an application under this Part of this Act [F10or a community patient]F10 and the references in subsections (2) and (4) above do not include an in-patient who is liable to be detained in a hospital under this Part of this Act [F10or a community patient]F10 .
(7)In subsection (4) above “prescribed” means prescribed by an order made by the Secretary of State.
Annotations: Help about AnnotationAmendments (Textual)F7Words in s. 5(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(2)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F8S. 5(3)(3A) substituted (3.11.2008) for s. 5(3) by Mental Health Act 2007 (c. 12), ss. 9(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F9Words in s. 5(4) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(2)(c), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F10Words in s. 5(6) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 2 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)6 Effect of application for admission.(1)An application for the admission of a patient to a hospital under this Part of this Act, duly completed in accordance with the provisions of this Part of this Act, shall be sufficient authority for the applicant, or any person authorised by the applicant, to take the patient and convey him to the hospital at any time within the following period, that is to say—
(a)in the case of an application other than an emergency application, the period of 14 days beginning with the date on which the patient was last examined by a registered medical practitioner before giving a medical recommendation for the purposes of the application;
(b)in the case of an emergency application, the period of 24 hours beginning at the time when the patient was examined by the practitioner giving the medical recommendation which is referred to in section 4(3) above, or at the time when the application is made, whichever is the earlier.
(2)Where a patient is admitted within the said period to the hospital specified in such an application as is mentioned in subsection (1) above, or, being within that hospital, is treated by virtue of section 5 above as if he had been so admitted, the application shall be sufficient authority for the managers to detain the patient in the hospital in accordance with the provisions of this Act.
(3)Any application for the admission of a patient under this Part of this Act which appears to be duly made and to be founded on the necessary medical recommendations may be acted upon without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given or of any matter of fact or opinion stated in it.
(4)Where a patient is admitted to a hospital in pursuance of an application for admission for treatment, any previous application under this part of this Act by virtue of which he was liable to be detained in a hospital or subject to guardianship shall cease to have effect.
Guardianship7 Application for guardianship.(1)A patient who has attained the age of 16 years may be received into guardianship, for the period allowed by the following provisions of this Act, in pursuance of an application (in this Act referred to as “a guardianship application”) made in accordance with this section.
(2)A guardianship application may be made in respect of a patient on the grounds that—
(a)he is suffering from mental disorder, F11... of a nature or degree which warrants his reception into guardianship under this section; and
(b)it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received.
(3)A guardianship application shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with; and each such recommendation shall include—
(a)such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraph (a) of that subsection; and
(b)a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (b) of that subsection.
(4)A guardianship application shall state the age of the patient or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed to have attained the age of 16 years.
(5)The person named as guardian in a guardianship application may be either a local social services authority or any other person (including the applicant himself); but a guardianship application in which a person other than a local social services authority is named as guardian shall be of no effect unless it is accepted on behalf of that person by the local social services authority for the area in which he resides, and shall be accompanied by a statement in writing by that person that he is willing to act as guardian.
Annotations: Help about AnnotationAmendments (Textual)F11Words in s. 7(2)(a) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1, 55, 56, Sch. 1 para. 3 {Sch. 11 Pt. 1} (with Sch. 10); S.I. 2008/1900, art. 2(a)(p) (with art. 3, Sch.)8 Effect of guardianship application, etc.(1)Where a guardianship application, duly made under the provisions of this Part of this Act and forwarded to the local social services authority within the period allowed by subsection (2) below is accepted by that authority, the application shall, subject to regulations made by the Secretary of State, confer on the authority or person named in the application as guardian, to the exclusion of any other person—
(a)the power to require the patient to reside at a place specified by the authority or person named as guardian;
(b)the power to require the patient to attend at places and times so specified for the purpose of medical treatment, occupation, education or training;
(c)the power to require access to the patient to be given, at any place where the patient is residing, to any registered medical practitioner, [F12approved mental health professional]F12 or other person so specified.
(2)The period within which a guardianship application is required for the purposes of this section to be forwarded to the local social services authority is the period of 14 days beginning with the date on which the patient was last examined by a registered medical practitioner before giving a medical recommendation for the purposes of the application.
(3)A guardianship application which appears to be duly made and to be founded on the necessary medical recommendations may be acted upon without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given, or of any matter of fact or opinion stated in the application.
(4)If within the period of 14 days beginning with the day on which a guardianship application has been accepted by the local social services authority the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of that authority, be amended by the person by whom it was signed; and upon such amendment being made the application or recommendation shall have effect and shall be deemed to have had effect as if it had been originally made as so amended.
(5)Where a patient is received into guardianship in pursuance of a guardianship application, any previous application under this Part of this Act by virtue of which he was subject to guardianship or liable to be detained in a hospital shall cease to have effect.
Annotations: Help about AnnotationAmendments (Textual)F12Words in s. 8(1)(c) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 2(b) (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.)9 Regulations as to guardianship.(1)Subject to the provisions of this Part of this Act, the Secretary of State may make regulations—
(a)for regulating the exercise by the guardians of patients received into guardianship under this Part of this Act of their powers as such; and
(b)for imposing on such guardians, and upon local social services authorities in the case of patients under the guardianship of persons other than local social services authorities, such duties as he considers necessary or expedient in the interests of the patients.
(2)Regulations under this section may in particular make provision for requiring the patients to be visited, on such occasions or at such intervals as may be prescribed by the regulations, on behalf of such local social services authorities as may be so prescribed, and shall provide for the appointment, in the case of every patient subject to the guardianship of a person other than a local social services authority, of a registered medical practitioner to act as the nominated medical attendant of the patient.
10 Transfer of guardianship in case of death, incapacity, etc., of guardian.(1)If any person (other than a local social services authority) who is the guardian of a patient received into guardianship under this Part of this Act—
(a)dies; or
(b)gives notice in writing to the local social services authority that he desires to relinquish the functions of guardian,
the guardianship of the patient shall thereupon vest in the local social services authority, but without prejudice to any power to transfer the patient into the guardianship of another person in pursuance of regulations under section 19 below.
(2)If any such person, not having given notice under subsection (1)(b) above, is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the local social services authority or by any other person approved for the purposes by that authority.
(3)If it appears to the county court, upon application made by an [F13approved mental health professional acting on behalf of the local social services authority]F13 , that any person other than a local social services authority having the guardianship of a patient received into guardianship under this Part of this Act has performed his functions negligently or in a manner contrary to the interests of the welfare of the patient, the court may order that the guardianship of the patient be transferred to the local social services authority or to any other person approved for the purpose by that authority.
(4)Where the guardianship of a patient is transferred to a local social services authority or other person by or under this section, subsection (2)(c) of section 19 below shall apply as if the patient had been transferred into the guardianship of that authority or person in pursuance of regulations under that section.
[F14(5)In this section “the local social services authority”, in relation to a person (other than a local social services authority) who is the guardian of a patient, means the local social services authority for the area in which that person resides (or resided immediately before his death).]
Annotations: Help about AnnotationAmendments (Textual)F13Words in s. 10(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 3(2) (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.)F14S. 10(5) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 3(3) (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.) General provisions as to applications and recommendations11 General provisions as to applications.(1)Subject to the provisions of this section, an application for admission for assessment, an application for admission for treatment and a guardianship application may be made either by the nearest relative of the patient or by an [F15approved mental health professional]F15 ; and every such application shall specify the qualification of the applicant to make the application.
[F16(1A)No application mentioned in subsection (1) above shall be made by an approved mental health professional if the circumstances are such that there would be a potential conflict of interest for the purposes of regulations under section 12A below.]
F16(2)Every application for admission shall be addressed to the managers of the hospital to which admission is sought and every guardianship application shall be forwarded to the local social services authority named in the application as guardian, or, as the case may be, to the local social services authority for the area in which the person so named resides.
(3)Before or within a reasonable time after an application for the admission of a patient for assessment is made by an [F17approved mental health professional, that professional]F17 shall take such steps as are practicable to inform the person (if any) appearing to be the nearest relative of the patient that the application is to be or has been made and of the power of the nearest relative under section 23(2)(a) below.
[F18(4)An approved mental health professional may not make an application for admission for treatment or a guardianship application in respect of a patient in either of the following cases—
(a)the nearest relative of the patient has notified that professional, or the local social services authority on whose behalf the professional is acting, that he objects to the application being made; or
(b)that professional has not consulted the person (if any) appearing to be the nearest relative of the patient, but the requirement to consult that person does not apply if it appears to the professional that in the circumstances such consultation is not reasonably practicable or would involve unreasonable delay.]
F18(5)None of the applications mentioned in subsection (1) above shall be made by any person in respect of a patient unless that person has personally seen the patient within the period of 14 days ending with the date of the application.
(6)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Each of the applications mentioned in subsection (1) above shall be sufficient if the recommendations on which it is founded are given either as separate recommendations, each signed by a registered medical practitioner, or as a joint recommendation signed by two such practitioners.
Annotations: Help about AnnotationAmendments (Textual)F15Words in s. 11(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 4(2) (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.)F16S. 11(1A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 22(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(e) (with art. 3, Sch.)F17Words in s. 11(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 4(3) (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.)F18S. 11(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 4(4) (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.)F19S. 11(6) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch.11 Pt. 1 (with Sch. 10); S.I. 2008/1900, art. 2(p) (with art. 3, Sch.)12 General provisions as to medical recommendations.(1)The recommendations required for the purposes of an application for the admission of a patient under this Part of this Act [F20or a guardianship application]F20(in this Act referred to as “medical recommendations”) shall be signed on or before the date of the application, and shall be given by practitioners who have personally examined the patient either together or separately, but where they have examined the patient separately not more than five days must have elapsed between the days on which the separate examinations took place.
(2)Of the medical recommendations given for the purposes of any such application, one shall be given by a practitioner approved for the purposes of this section by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder; and unless that practitioner has previous acquaintance with the patient, the other such recommendation shall, if practicable, be given by a registered medical practitioner who has such previous acquaintance.
[F21(2A)A registered medical practitioner who is an approved clinician shall be treated as also approved for the purposes of this section under subsection (2) above as having special experience as mentioned there.]
[F22(3)No medical recommendation shall be given for the purposes of an application mentioned in subsection (1) above if the circumstances are such that there would be a potential conflict of interest for the purposes of regulations under section 12A below.]
Annotations: Help about AnnotationAmendments (Textual)F20Words in s. 12(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 22(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(e) (with art. 3, Sch.)F21S. 12(2A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 16, 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F22S. 12(3) substituted (3.11.2008) for s. 12(3)-(7) by Mental Health Act 2007 (c. 12), ss. 22(4), 56 (with Sch. 10); S.I. 2008/1900, art. 2(e) (with art. 3, Sch.)Modifications etc. (not altering text)C3S. 12(2): certain functions not to be exercisable by a Primary Care Trust (E.) (1.4.2002) by virtue of 2000/695, reg. 4(1), Sch. 4 (as amended by S.I. 2002/555, reg. 6(3))C4S. 12(2): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1C5S. 12(2): functions made exercisable (W.) (1.10.2009) by Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), reg. 4, Sch.[F2312AConflicts of interest(1)The appropriate national authority may make regulations as to the circumstances in which there would be a potential conflict of interest such that—
(a)an approved mental health professional shall not make an application mentioned in section 11(1) above;
(b)a registered medical practitioner shall not give a recommendation for the purposes of an application mentioned in section 12(1) above.
(2)Regulations under subsection (1) above may make—
(a)provision for the prohibitions in paragraphs (a) and (b) of that subsection to be subject to specified exceptions;
(b)different provision for different cases; and
(c)transitional, consequential, incidental or supplemental provision.
(3)In subsection (1) above, “the appropriate national authority” means—
(a)in relation to applications in which admission is sought to a hospital in England or to guardianship applications in respect of which the area of the relevant local social services authority is in England, the Secretary of State;
(b)in relation to applications in which admission is sought to a hospital in Wales or to guardianship applications in respect of which the area of the relevant local social services authority is in Wales, the Welsh Ministers.
(4)References in this section to the relevant local social services authority, in relation to a guardianship application, are references to the local social services authority named in the application as guardian or (as the case may be) the local social services authority for the area in which the person so named resides.]
Annotations: Help about AnnotationAmendments (Textual)F23S. 12A inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 22(5), 56 (with Sch. 10); S.I. 2008/745, art. 3(c)13[F24Duty of approved mental health professionals to make applications for admission or guardianship]F24.[F25(1)If a local social services authority have reason to think that an application for admission to hospital or a guardianship application may need to be made in respect of a patient within their area, they shall make arrangements for an approved mental health professional to consider the patient's case on their behalf.
(1A)If that professional is—
(a)satisfied that such an application ought to be made in respect of the patient; and
(b)of the opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him,
he shall make the application.
(1B)Subsection (1C) below applies where—
(a)a local social services authority makes arrangements under subsection (1) above in respect of a patient;
(b)an application for admission for assessment is made under subsection (1A) above in respect of the patient;
(c)while the patient is liable to be detained in pursuance of that application, the authority have reason to think that an application for admission for treatment may need to be made in respect of the patient; and
(d)the patient is not within the area of the authority.
(1C)Where this subsection applies, subsection (1) above shall be construed as requiring the authority to make arrangements under that subsection in place of the authority mentioned there.]
F25(2)Before making an application for the admission of a patient to hospital an [F26approved mental health professional]F26 shall interview the patient in a suitable manner and satisfy himself that detention in a hospital is in all the circumstances of the case the most appropriate way of providing the care and medical treatment of which the patient stands in need.
[F27(3)An application under subsection (1A) above may be made outside the area of the local social services authority on whose behalf the approved mental health professional is considering the patient's case.]
F27(4)It shall be the duty of a local social services authority, if so required by the nearest relative of a patient residing in their area, to [F28make arrangements under subsection (1) above for an approved mental health professional to consider the patient's case]F28 with a view to making an application for his admission to hospital; and if in any such case [F29that professional]F29 decides not to make an application he shall inform the nearest relative of his reasons in writing.
(5)Nothing in this section shall be construed as authorising or requiring an application to be made by an [F30approved mental health professional]F30 in contravention of the provisions of section 11(4) above [F31or of regulations under section 12A]F31, or as restricting the power of [F32a local social services authority to make arrangements with an approved mental health professional to consider a patient's case or of]F32 an [F30approved mental health professional]F30 to make any application under this Act.
Annotations: Help about AnnotationAmendments (Textual)F24S. 13 heading: words substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(1) (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.)F25S. 13(1)-(1C) substituted (3.11.2008) for s. 13(1) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(2) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (art. 3, Sch.)F26Words in s. 13(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(3) (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.)F27S. 13(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(4) (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.)F28Words in s. 13(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(5)(a) (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.)F29Words in s. 13(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(5)(b) (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.)F30Words in s. 13(5) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(6)(a) (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.)F31Words in s. 13(5) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 22(6), 56 (with Sch. 10); S.I. 2008/1900, art. 2(e) (with art. 3, Sch.)F32Words in s. 13(5) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(6)(b) (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.)14Where a patient is admitted to a hospital in pursuance of an application (other than an emergency application) made under this Part of this Act by his nearest relative, the managers of the hospital shall as soon as practicable give notice of that fact to the local social services authority for the area in which the patient resided immediately before his admission; and that authority shall as soon as practicable arrange for [F33an approved mental health professional]F34... to interview the patient and provide the managers with a report on his social circumstances.
Annotations: Help about AnnotationAmendments (Textual)F33Words in s. 14 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 6 (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (art. 3, Sch.)F34Words in s. 14 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (2004 c. 31), ss.48, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)15 Rectification of applications and recommendations.(1)If within the period of 14 days beginning with the day on which a patient has been admitted to a hospital in pursuance of an application for admission for assessment or for treatment the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of the managers of the hospital, be amended by the person by whom it was signed; and upon such amendment being made the application or recommendation shall have effect and shall be deemed to have had effect as if it had been originally made as so amended.
(2)Without prejudice to subsection (1) above, if within the period mentioned in that subsection it appears to the managers of the hospital that one of the two medical recommendations on which an application for the admission of a patient is founded is insufficient to warrant the detention of the patient in pursuance of the application, they may, within that period, give notice in writing to that effect to the applicant; and where any such notice is given in respect of a medical recommendation, that recommendation shall be disregarded, but the application shall be, and shall be deemed always to have been, sufficient if—
(a)a fresh medical recommendation complying with the relevant provisions of this Part of this Act (other than the provisions relating to the time of signature and the interval between examinations) is furnished to the managers within that period; and
(b)that recommendation, and the other recommendation on which the application is founded, together comply with those provisions.
(3)Where the medical recommendations upon which an application for admission is founded are, taken together, insufficient to warrant the detention of the patient in pursuance of the application, a notice under subsection (2) above may be given in respect of either of those recommendationsF35...
(4)Nothing in this section shall be construed as authorising the giving of notice in respect of an application made as an emergency application, or the detention of a patient admitted in pursuance of such an application, after the period of 72 hours referred to in section 4(4) above, unless the conditions set out in paragraphs (a) and (b) of that section are complied with or would be complied with apart from any error or defect to which this section applies.
Annotations: Help about AnnotationAmendments (Textual)F35Words in s. 15(3) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 1 (with Sch. 10); S.I. 2008/1900, art. 2(p) (with art. 3, Sch.) Position of patients subject to detention or guardianship16 Reclassification of patients.F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations: Help about AnnotationAmendments (Textual)F36S. 16 repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 1 (with Sch. 10); S.I. 2008/1900, art. 2(p) (with art. 3, Sch.)17 Leave of absence from hospital.(1)The [F37responsible clinician]F37 may grant to any patient who is for the time being liable to be detained in a hospital under this Part of this Act leave to be absent from the hospital subject to such conditions (if any) as [F38that clinician]F38 considers necessary in the interests of the patient or for the protection of other persons.
(2)Leave of absence may be granted to a patient under this section either indefinitely or on specified occasions or for any specified period; and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the patient.
[F39(2A)But longer-term leave may not be granted to a patient unless the responsible clinician first considers whether the patient should be dealt with under section 17A instead.
(2B)For these purposes, longer-term leave is granted to a patient if—
(a)leave of absence is granted to him under this section either indefinitely or for a specified period of more than seven consecutive days; or
(b)a specified period is extended under this section such that the total period for which leave of absence will have been granted to him under this section exceeds seven consecutive days.]
F39(3)Where it appears to the [F40responsible clinician]F40 that it is necessary so to do in the interests of the patient or for the protection of other persons, he may, upon granting leave of absence under this section, direct that the patient remain in custody during his absence; and where leave of absence is so granted the patient may be kept in the custody of any officer on the staff of the hospital, or of any other person authorised in writing by the managers of the hospital or, if the patient is required in accordance with conditions imposed on the grant of leave of absence to reside in another hospital, of any officer on the staff of that other hospital.
(4)In any case where a patient is absent from a hospital in pursuance of leave of absence granted under this section, and it appears to the [F41responsible clinician]F41 that it is necessary so to do in the interests of the patient’s health or safety or for the protection of other persons, [F42that clinician]F42 may, subject to subsection (5) below, by notice in writing given to the patient or to the person for the time being in charge of the patient, revoke the leave of absence and recall the patient to the hospital.
(5)A patient to whom leave of absence is granted under this section shall not be recalled under subsection (4) above after he has ceased to be liable to be detained under this Part of this Act;F43...
[F44(6)Subsection (7) below applies to a person who is granted leave by or by virtue of a provision—
(a)in force in Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man; and
(b)corresponding to subsection (1) above.
(7)For the purpose of giving effect to a direction or condition imposed by virtue of a provision corresponding to subsection (3) above, the person may be conveyed to a place in, or kept in custody or detained at a place of safety in, England and Wales by a person authorised in that behalf by the direction or condition.]
Annotations: Help about AnnotationAmendments (Textual)F37Words in s. 17(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(a)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F38Words in s. 17(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(a)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F39S. 17(2A)(2B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 33(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(j) (with art. 3, Sch.)F40Words in s. 17(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F41Words in s. 17(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(c)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F42Words in s. 17(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(c)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F43Words in s. 17(5) omitted (1.4.1996 with application as mentioned in s. 3(3) of the omitting Act)) by virtue of 1995 c. 52, ss. 3(1)(3), 7(2)F44S. 17(6)(7) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39(1), 56 (with Sch. 10); S.I. 2007/2798, art. 2[F4517ACommunity treatment orders(1)The responsible clinician may by order in writing discharge a detained patient from hospital subject to his being liable to recall in accordance with section 17E below.
(2)A detained patient is a patient who is liable to be detained in a hospital in pursuance of an application for admission for treatment.
(3)An order under subsection (1) above is referred to in this Act as a “community treatment order”.
(4)The responsible clinician may not make a community treatment order unless—
(a)in his opinion, the relevant criteria are met; and
(b)an approved mental health professional states in writing—
(i)that he agrees with that opinion; and
(ii)that it is appropriate to make the order.
(5)The relevant criteria are—
(a)the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment;
(b)it is necessary for his health or safety or for the protection of other persons that he should receive such treatment;
(c)subject to his being liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his continuing to be detained in a hospital;
(d)it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) below to recall the patient to hospital; and
(e)appropriate medical treatment is available for him.
(6)In determining whether the criterion in subsection (5)(d) above is met, the responsible clinician shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were not detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder).
(7)In this Act—
“community patient” means a patient in respect of whom a community treatment order is in force;
“the community treatment order”, in relation to such a patient, means the community treatment order in force in respect of him; and
“the responsible hospital”, in relation to such a patient, means the hospital in which he was liable to be detained immediately before the community treatment order was made, subject to section 19A below.
Annotations: Help about AnnotationAmendments (Textual)F45Ss. 17A-17G inserted (1.4.2008 s. 17F for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32(2), 56 (with Sch. 10); S.I. 2008/745, art. 2(c)(i); S.I. 2008/1900, art. 2(i) (with art. 3, Sch. )Modifications etc. (not altering text)C6S. 17A modified (3.11.2008) by The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 (S.I. 2008/1210), art. 6(b)C7S. 17A(7) modified (3.11.2008) by The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 (S.I. 2008/1210), art. 11(a)17BConditions(1)A community treatment order shall specify conditions to which the patient is to be subject while the order remains in force.
(2)But, subject to subsection (3) below, the order may specify conditions only if the responsible clinician, with the agreement of the approved mental health professional mentioned in section 17A(4)(b) above, thinks them necessary or appropriate for one or more of the following purposes—
(a)ensuring that the patient receives medical treatment;
(b)preventing risk of harm to the patient's health or safety;
(c)protecting other persons.
(3)The order shall specify—
(a)a condition that the patient make himself available for examination under section 20A below; and
(b)a condition that, if it is proposed to give a certificate under Part 4A of this Act in his case, he make himself available for examination so as to enable the certificate to be given.
(4)The responsible clinician may from time to time by order in writing vary the conditions specified in a community treatment order.
(5)He may also suspend any conditions specified in a community treatment order.
(6)If a community patient fails to comply with a condition specified in the community treatment order by virtue of subsection (2) above, that fact may be taken into account for the purposes of exercising the power of recall under section 17E(1) below.
(7)But nothing in this section restricts the exercise of that power to cases where there is such a failure.
Annotations: Help about AnnotationModifications etc. (not altering text)C8S. 17B(2) modified (3.11.2008) by The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 (S.I. 2008/1210), art. 6(c)17CDuration of community treatment orderA community treatment order shall remain in force until—
(a)the period mentioned in section 20A(1) below (as extended under any provision of this Act) expires, but this is subject to sections 21 and 22 below;
Etc etc etc etc........
1 Application of Act: “mental disorder”.(1)The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters.
(2)In this Act—
[F1“mental disorder” means any disorder or disability of the mind; and
“mentally disordered” shall be construed accordingly;]
F1F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and other expressions shall have the meanings assigned to them in section 145 below.
[F3(2A)But a person with learning disability shall not be considered by reason of that disability to be—
(a)suffering from mental disorder for the purposes of the provisions mentioned in subsection (2B) below; or
(b)requiring treatment in hospital for mental disorder for the purposes of sections 17E and 50 to 53 below,
unless that disability is associated with abnormally aggressive or seriously irresponsible conduct on his part.
(2B)The provisions are—
(a)sections 3, 7, 17A, 20 and 20A below;
(b)sections 35 to 38, 45A, 47, 48 and 51 below; and
(c)section 72(1)(b) and (c) and (4) below.]
[F4(3)Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.]
[F5(4)In subsection (2A) above, “learning disability” means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning.]
Procedure for hospital admission2 Admission for assessment.(1)A patient may be admitted to a hospital and detained there for the period allowed by subsection (4) below in pursuance of an application (in this Act referred to as “an application for admission for assessment”) made in accordance with subsections (2) and (3) below.
(2)An application for admission for assessment may be made in respect of a patient on the grounds that—
(a)he is suffering from mental disorder of a nature or degree which warrants the detention of the patient in a hospital for assessment (or for assessment followed by medical treatment) for at least a limited period; and
(b)he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons.
(3)An application for admission for assessment shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with.
(4)Subject to the provisions of section 29(4) below, a patient admitted to hospital in pursuance of an application for admission for assessment may be detained for a period not exceeding 28 days beginning with the day on which he is admitted, but shall not be detained after the expiration of that period unless before it has expired he has become liable to be detained by virtue of a subsequent application, order or direction under the following provisions of this Act.
3 Admission for treatment.(1)A patient may be admitted to a hospital and detained there for the period allowed by the following provisions of this Act in pursuance of an application (in this Act referred to as “an application for admission for treatment”) made in accordance with this section.
(2)An application for admission for treatment may be made in respect of a patient on the grounds that—
(a)he is suffering from [F1mental disorder]F1 of a nature or degree which makes it appropriate for him to receive medical treatment in a hospital; and
(b)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)it is necessary for the health or safety of the patient or for the protection of other persons that he should receive such treatment and it cannot be provided unless he is detained under this section[F3; and
(d)appropriate medical treatment is available for him.]
F3(3)An application for admission for treatment shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with; and each such recommendation shall include—
(a)such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraphs (a) and [F4(d)]F4 of that subsection; and
(b)a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (c) of that subsection, specifying whether other methods of dealing with the patient are available and, if so, why they are not appropriate.
[F5(4)In this Act, references to appropriate medical treatment, in relation to a person suffering from mental disorder, are references to medical treatment which is appropriate in his case, taking into account the nature and degree of the mental disorder and all other circumstances of his case.]
Annotations: Help about AnnotationAmendments (Textual)F1Words in s. 3(2)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1, 56, Sch. 1 para. 2 (with Sch. 10); S.I. 2008/1900, art. 2(a) (with art. 3, Sch.)F2S. 3(2)(b) and following word repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(2)(a), 55, 56. {Sch. 11 Pt. 2} (with Sch. 10); S.I. 2008/1900, art. 2(b)(p) (with art. 3, Sch.)F3S. 3(2)(d) and preceding word inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F4Word in s. 3(3)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(2)(c), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F5S. 3(4) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)4 Admission for assessment in cases of emergency.(1)In any case of urgent necessity, an application for admission for assessment may be made in respect of a patient in accordance with the following provisions of this section, and any application so made is in this Act referred to as “an emergency application”.
(2)An emergency application may be made either by an [F6approved mental health professional]F6 or by the nearest relative of the patient; and every such application shall include a statement that it is of urgent necessity for the patient to be admitted and detained under section 2 above, and that compliance with the provisions of this Part of this Act relating to applications under that section would involve undesirable delay.
(3)An emergency application shall be sufficient in the first instance if founded on one of the medical recommendations required by section 2 above, given, if practicable, by a practitioner who has previous acquaintance with the patient and otherwise complying with the requirements of section 12 below so far as applicable to a single recommendation, and verifying the statement referred to in subsection (2) above.
(4)An emergency application shall cease to have effect on the expiration of a period of 72 hours from the time when the patient is admitted to the hospital unless—
(a)the second medical recommendation required by section 2 above is given and received by the managers within that period; and
(b)that recommendation and the recommendation referred to in subsection (3) above together comply with all the requirements of section 12 below (other than the requirement as to the time of signature of the second recommendation).
(5)In relation to an emergency application, section 11 below shall have effect as if in subsection (5) of that section for the words “the period of 14 days ending with the date of the application” there were substituted the words “the previous 24 hours”.
Annotations: Help about AnnotationAmendments (Textual)F6Words in s. 4(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 2(a) (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.)5 Application in respect of patient already in hospital.(1)An application for the admission of a patient to a hospital may be made under this Part of this Act notwithstanding that the patient is already an in-patient in that hospital or, in the case of an application for admission for treatment that the patient is for the time being liable to be detained in the hospital in pursuance of an application for admission for assessment; and where an application is so made the patient shall be treated for the purposes of this Part of this Act as if he had been admitted to the hospital at the time when that application was received by the managers.
(2)If, in the case of a patient who is an in-patient in a hospital, it appears to the registered medical practitioner [F7or approved clinician]F7 in charge of the treatment of the patient that an application ought to be made under this Part of this Act for the admission of the patient to hospital, he may furnish to the managers a report in writing to that effect; and in any such case the patient may be detained in the hospital for a period of 72 hours from the time when the report is so furnished.
[F8(3)The registered medical practitioner or approved clinician in charge of the treatment of a patient in a hospital may nominate one (but not more than one) person to act for him under subsection (2) above in his absence.
(3A)For the purposes of subsection (3) above—
(a)the registered medical practitioner may nominate another registered medical practitioner, or an approved clinician, on the staff of the hospital; and
(b)the approved clinician may nominate another approved clinician, or a registered medical practitioner, on the staff of the hospital.]
F8(4)If, in the case of a patient who is receiving treatment for mental disorder as an in-patient in a hospital, it appears to a nurse of the prescribed class—
(a)that the patient is suffering from mental disorder to such a degree that it is necessary for his health or safety or for the protection of others for him to be immediately restrained from leaving the hospital; and
(b)that it is not practicable to secure the immediate attendance of a practitioner [F9or clinician]F9 for the purpose of furnishing a report under subsection (2) above,
the nurse may record that fact in writing; and in that event the patient may be detained in the hospital for a period of six hours from the time when that fact is so recorded or until the earlier arrival at the place where the patient is detained of a practitioner [F9or clinician]F9 having power to furnish a report under that subsection.
(5)A record made under subsection (4) above shall be delivered by the nurse (or by a person authorised by the nurse in that behalf) to the managers of the hospital as soon as possible after it is made; and where a record is made under that subsection the period mentioned in subsection (2) above shall begin at the time when it is made.
(6)The reference in subsection (1) above to an in-patient does not include an in-patient who is liable to be detained in pursuance of an application under this Part of this Act [F10or a community patient]F10 and the references in subsections (2) and (4) above do not include an in-patient who is liable to be detained in a hospital under this Part of this Act [F10or a community patient]F10 .
(7)In subsection (4) above “prescribed” means prescribed by an order made by the Secretary of State.
Annotations: Help about AnnotationAmendments (Textual)F7Words in s. 5(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(2)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F8S. 5(3)(3A) substituted (3.11.2008) for s. 5(3) by Mental Health Act 2007 (c. 12), ss. 9(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F9Words in s. 5(4) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(2)(c), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F10Words in s. 5(6) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 2 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)6 Effect of application for admission.(1)An application for the admission of a patient to a hospital under this Part of this Act, duly completed in accordance with the provisions of this Part of this Act, shall be sufficient authority for the applicant, or any person authorised by the applicant, to take the patient and convey him to the hospital at any time within the following period, that is to say—
(a)in the case of an application other than an emergency application, the period of 14 days beginning with the date on which the patient was last examined by a registered medical practitioner before giving a medical recommendation for the purposes of the application;
(b)in the case of an emergency application, the period of 24 hours beginning at the time when the patient was examined by the practitioner giving the medical recommendation which is referred to in section 4(3) above, or at the time when the application is made, whichever is the earlier.
(2)Where a patient is admitted within the said period to the hospital specified in such an application as is mentioned in subsection (1) above, or, being within that hospital, is treated by virtue of section 5 above as if he had been so admitted, the application shall be sufficient authority for the managers to detain the patient in the hospital in accordance with the provisions of this Act.
(3)Any application for the admission of a patient under this Part of this Act which appears to be duly made and to be founded on the necessary medical recommendations may be acted upon without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given or of any matter of fact or opinion stated in it.
(4)Where a patient is admitted to a hospital in pursuance of an application for admission for treatment, any previous application under this part of this Act by virtue of which he was liable to be detained in a hospital or subject to guardianship shall cease to have effect.
Guardianship7 Application for guardianship.(1)A patient who has attained the age of 16 years may be received into guardianship, for the period allowed by the following provisions of this Act, in pursuance of an application (in this Act referred to as “a guardianship application”) made in accordance with this section.
(2)A guardianship application may be made in respect of a patient on the grounds that—
(a)he is suffering from mental disorder, F11... of a nature or degree which warrants his reception into guardianship under this section; and
(b)it is necessary in the interests of the welfare of the patient or for the protection of other persons that the patient should be so received.
(3)A guardianship application shall be founded on the written recommendations in the prescribed form of two registered medical practitioners, including in each case a statement that in the opinion of the practitioner the conditions set out in subsection (2) above are complied with; and each such recommendation shall include—
(a)such particulars as may be prescribed of the grounds for that opinion so far as it relates to the conditions set out in paragraph (a) of that subsection; and
(b)a statement of the reasons for that opinion so far as it relates to the conditions set out in paragraph (b) of that subsection.
(4)A guardianship application shall state the age of the patient or, if his exact age is not known to the applicant, shall state (if it be the fact) that the patient is believed to have attained the age of 16 years.
(5)The person named as guardian in a guardianship application may be either a local social services authority or any other person (including the applicant himself); but a guardianship application in which a person other than a local social services authority is named as guardian shall be of no effect unless it is accepted on behalf of that person by the local social services authority for the area in which he resides, and shall be accompanied by a statement in writing by that person that he is willing to act as guardian.
Annotations: Help about AnnotationAmendments (Textual)F11Words in s. 7(2)(a) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 1, 55, 56, Sch. 1 para. 3 {Sch. 11 Pt. 1} (with Sch. 10); S.I. 2008/1900, art. 2(a)(p) (with art. 3, Sch.)8 Effect of guardianship application, etc.(1)Where a guardianship application, duly made under the provisions of this Part of this Act and forwarded to the local social services authority within the period allowed by subsection (2) below is accepted by that authority, the application shall, subject to regulations made by the Secretary of State, confer on the authority or person named in the application as guardian, to the exclusion of any other person—
(a)the power to require the patient to reside at a place specified by the authority or person named as guardian;
(b)the power to require the patient to attend at places and times so specified for the purpose of medical treatment, occupation, education or training;
(c)the power to require access to the patient to be given, at any place where the patient is residing, to any registered medical practitioner, [F12approved mental health professional]F12 or other person so specified.
(2)The period within which a guardianship application is required for the purposes of this section to be forwarded to the local social services authority is the period of 14 days beginning with the date on which the patient was last examined by a registered medical practitioner before giving a medical recommendation for the purposes of the application.
(3)A guardianship application which appears to be duly made and to be founded on the necessary medical recommendations may be acted upon without further proof of the signature or qualification of the person by whom the application or any such medical recommendation is made or given, or of any matter of fact or opinion stated in the application.
(4)If within the period of 14 days beginning with the day on which a guardianship application has been accepted by the local social services authority the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of that authority, be amended by the person by whom it was signed; and upon such amendment being made the application or recommendation shall have effect and shall be deemed to have had effect as if it had been originally made as so amended.
(5)Where a patient is received into guardianship in pursuance of a guardianship application, any previous application under this Part of this Act by virtue of which he was subject to guardianship or liable to be detained in a hospital shall cease to have effect.
Annotations: Help about AnnotationAmendments (Textual)F12Words in s. 8(1)(c) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 2(b) (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.)9 Regulations as to guardianship.(1)Subject to the provisions of this Part of this Act, the Secretary of State may make regulations—
(a)for regulating the exercise by the guardians of patients received into guardianship under this Part of this Act of their powers as such; and
(b)for imposing on such guardians, and upon local social services authorities in the case of patients under the guardianship of persons other than local social services authorities, such duties as he considers necessary or expedient in the interests of the patients.
(2)Regulations under this section may in particular make provision for requiring the patients to be visited, on such occasions or at such intervals as may be prescribed by the regulations, on behalf of such local social services authorities as may be so prescribed, and shall provide for the appointment, in the case of every patient subject to the guardianship of a person other than a local social services authority, of a registered medical practitioner to act as the nominated medical attendant of the patient.
10 Transfer of guardianship in case of death, incapacity, etc., of guardian.(1)If any person (other than a local social services authority) who is the guardian of a patient received into guardianship under this Part of this Act—
(a)dies; or
(b)gives notice in writing to the local social services authority that he desires to relinquish the functions of guardian,
the guardianship of the patient shall thereupon vest in the local social services authority, but without prejudice to any power to transfer the patient into the guardianship of another person in pursuance of regulations under section 19 below.
(2)If any such person, not having given notice under subsection (1)(b) above, is incapacitated by illness or any other cause from performing the functions of guardian of the patient, those functions may, during his incapacity, be performed on his behalf by the local social services authority or by any other person approved for the purposes by that authority.
(3)If it appears to the county court, upon application made by an [F13approved mental health professional acting on behalf of the local social services authority]F13 , that any person other than a local social services authority having the guardianship of a patient received into guardianship under this Part of this Act has performed his functions negligently or in a manner contrary to the interests of the welfare of the patient, the court may order that the guardianship of the patient be transferred to the local social services authority or to any other person approved for the purpose by that authority.
(4)Where the guardianship of a patient is transferred to a local social services authority or other person by or under this section, subsection (2)(c) of section 19 below shall apply as if the patient had been transferred into the guardianship of that authority or person in pursuance of regulations under that section.
[F14(5)In this section “the local social services authority”, in relation to a person (other than a local social services authority) who is the guardian of a patient, means the local social services authority for the area in which that person resides (or resided immediately before his death).]
Annotations: Help about AnnotationAmendments (Textual)F13Words in s. 10(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 3(2) (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.)F14S. 10(5) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 3(3) (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.) General provisions as to applications and recommendations11 General provisions as to applications.(1)Subject to the provisions of this section, an application for admission for assessment, an application for admission for treatment and a guardianship application may be made either by the nearest relative of the patient or by an [F15approved mental health professional]F15 ; and every such application shall specify the qualification of the applicant to make the application.
[F16(1A)No application mentioned in subsection (1) above shall be made by an approved mental health professional if the circumstances are such that there would be a potential conflict of interest for the purposes of regulations under section 12A below.]
F16(2)Every application for admission shall be addressed to the managers of the hospital to which admission is sought and every guardianship application shall be forwarded to the local social services authority named in the application as guardian, or, as the case may be, to the local social services authority for the area in which the person so named resides.
(3)Before or within a reasonable time after an application for the admission of a patient for assessment is made by an [F17approved mental health professional, that professional]F17 shall take such steps as are practicable to inform the person (if any) appearing to be the nearest relative of the patient that the application is to be or has been made and of the power of the nearest relative under section 23(2)(a) below.
[F18(4)An approved mental health professional may not make an application for admission for treatment or a guardianship application in respect of a patient in either of the following cases—
(a)the nearest relative of the patient has notified that professional, or the local social services authority on whose behalf the professional is acting, that he objects to the application being made; or
(b)that professional has not consulted the person (if any) appearing to be the nearest relative of the patient, but the requirement to consult that person does not apply if it appears to the professional that in the circumstances such consultation is not reasonably practicable or would involve unreasonable delay.]
F18(5)None of the applications mentioned in subsection (1) above shall be made by any person in respect of a patient unless that person has personally seen the patient within the period of 14 days ending with the date of the application.
(6)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Each of the applications mentioned in subsection (1) above shall be sufficient if the recommendations on which it is founded are given either as separate recommendations, each signed by a registered medical practitioner, or as a joint recommendation signed by two such practitioners.
Annotations: Help about AnnotationAmendments (Textual)F15Words in s. 11(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 4(2) (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.)F16S. 11(1A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 22(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(e) (with art. 3, Sch.)F17Words in s. 11(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 4(3) (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.)F18S. 11(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 4(4) (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.)F19S. 11(6) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch.11 Pt. 1 (with Sch. 10); S.I. 2008/1900, art. 2(p) (with art. 3, Sch.)12 General provisions as to medical recommendations.(1)The recommendations required for the purposes of an application for the admission of a patient under this Part of this Act [F20or a guardianship application]F20(in this Act referred to as “medical recommendations”) shall be signed on or before the date of the application, and shall be given by practitioners who have personally examined the patient either together or separately, but where they have examined the patient separately not more than five days must have elapsed between the days on which the separate examinations took place.
(2)Of the medical recommendations given for the purposes of any such application, one shall be given by a practitioner approved for the purposes of this section by the Secretary of State as having special experience in the diagnosis or treatment of mental disorder; and unless that practitioner has previous acquaintance with the patient, the other such recommendation shall, if practicable, be given by a registered medical practitioner who has such previous acquaintance.
[F21(2A)A registered medical practitioner who is an approved clinician shall be treated as also approved for the purposes of this section under subsection (2) above as having special experience as mentioned there.]
[F22(3)No medical recommendation shall be given for the purposes of an application mentioned in subsection (1) above if the circumstances are such that there would be a potential conflict of interest for the purposes of regulations under section 12A below.]
Annotations: Help about AnnotationAmendments (Textual)F20Words in s. 12(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 22(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(e) (with art. 3, Sch.)F21S. 12(2A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 16, 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F22S. 12(3) substituted (3.11.2008) for s. 12(3)-(7) by Mental Health Act 2007 (c. 12), ss. 22(4), 56 (with Sch. 10); S.I. 2008/1900, art. 2(e) (with art. 3, Sch.)Modifications etc. (not altering text)C3S. 12(2): certain functions not to be exercisable by a Primary Care Trust (E.) (1.4.2002) by virtue of 2000/695, reg. 4(1), Sch. 4 (as amended by S.I. 2002/555, reg. 6(3))C4S. 12(2): transfer of functions (E.) (1.4.2001) by S.I. 2001/747, regs. 2(1), 3, 4, Sch. 1C5S. 12(2): functions made exercisable (W.) (1.10.2009) by Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. 2009/1511), reg. 4, Sch.[F2312AConflicts of interest(1)The appropriate national authority may make regulations as to the circumstances in which there would be a potential conflict of interest such that—
(a)an approved mental health professional shall not make an application mentioned in section 11(1) above;
(b)a registered medical practitioner shall not give a recommendation for the purposes of an application mentioned in section 12(1) above.
(2)Regulations under subsection (1) above may make—
(a)provision for the prohibitions in paragraphs (a) and (b) of that subsection to be subject to specified exceptions;
(b)different provision for different cases; and
(c)transitional, consequential, incidental or supplemental provision.
(3)In subsection (1) above, “the appropriate national authority” means—
(a)in relation to applications in which admission is sought to a hospital in England or to guardianship applications in respect of which the area of the relevant local social services authority is in England, the Secretary of State;
(b)in relation to applications in which admission is sought to a hospital in Wales or to guardianship applications in respect of which the area of the relevant local social services authority is in Wales, the Welsh Ministers.
(4)References in this section to the relevant local social services authority, in relation to a guardianship application, are references to the local social services authority named in the application as guardian or (as the case may be) the local social services authority for the area in which the person so named resides.]
Annotations: Help about AnnotationAmendments (Textual)F23S. 12A inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 22(5), 56 (with Sch. 10); S.I. 2008/745, art. 3(c)13[F24Duty of approved mental health professionals to make applications for admission or guardianship]F24.[F25(1)If a local social services authority have reason to think that an application for admission to hospital or a guardianship application may need to be made in respect of a patient within their area, they shall make arrangements for an approved mental health professional to consider the patient's case on their behalf.
(1A)If that professional is—
(a)satisfied that such an application ought to be made in respect of the patient; and
(b)of the opinion, having regard to any wishes expressed by relatives of the patient or any other relevant circumstances, that it is necessary or proper for the application to be made by him,
he shall make the application.
(1B)Subsection (1C) below applies where—
(a)a local social services authority makes arrangements under subsection (1) above in respect of a patient;
(b)an application for admission for assessment is made under subsection (1A) above in respect of the patient;
(c)while the patient is liable to be detained in pursuance of that application, the authority have reason to think that an application for admission for treatment may need to be made in respect of the patient; and
(d)the patient is not within the area of the authority.
(1C)Where this subsection applies, subsection (1) above shall be construed as requiring the authority to make arrangements under that subsection in place of the authority mentioned there.]
F25(2)Before making an application for the admission of a patient to hospital an [F26approved mental health professional]F26 shall interview the patient in a suitable manner and satisfy himself that detention in a hospital is in all the circumstances of the case the most appropriate way of providing the care and medical treatment of which the patient stands in need.
[F27(3)An application under subsection (1A) above may be made outside the area of the local social services authority on whose behalf the approved mental health professional is considering the patient's case.]
F27(4)It shall be the duty of a local social services authority, if so required by the nearest relative of a patient residing in their area, to [F28make arrangements under subsection (1) above for an approved mental health professional to consider the patient's case]F28 with a view to making an application for his admission to hospital; and if in any such case [F29that professional]F29 decides not to make an application he shall inform the nearest relative of his reasons in writing.
(5)Nothing in this section shall be construed as authorising or requiring an application to be made by an [F30approved mental health professional]F30 in contravention of the provisions of section 11(4) above [F31or of regulations under section 12A]F31, or as restricting the power of [F32a local social services authority to make arrangements with an approved mental health professional to consider a patient's case or of]F32 an [F30approved mental health professional]F30 to make any application under this Act.
Annotations: Help about AnnotationAmendments (Textual)F24S. 13 heading: words substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(1) (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.)F25S. 13(1)-(1C) substituted (3.11.2008) for s. 13(1) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(2) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (art. 3, Sch.)F26Words in s. 13(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(3) (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.)F27S. 13(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(4) (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.)F28Words in s. 13(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(5)(a) (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.)F29Words in s. 13(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(5)(b) (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.)F30Words in s. 13(5) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(6)(a) (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.)F31Words in s. 13(5) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 22(6), 56 (with Sch. 10); S.I. 2008/1900, art. 2(e) (with art. 3, Sch.)F32Words in s. 13(5) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 5(6)(b) (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.)14Where a patient is admitted to a hospital in pursuance of an application (other than an emergency application) made under this Part of this Act by his nearest relative, the managers of the hospital shall as soon as practicable give notice of that fact to the local social services authority for the area in which the patient resided immediately before his admission; and that authority shall as soon as practicable arrange for [F33an approved mental health professional]F34... to interview the patient and provide the managers with a report on his social circumstances.
Annotations: Help about AnnotationAmendments (Textual)F33Words in s. 14 substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 6 (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (art. 3, Sch.)F34Words in s. 14 repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (2004 c. 31), ss.48, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)15 Rectification of applications and recommendations.(1)If within the period of 14 days beginning with the day on which a patient has been admitted to a hospital in pursuance of an application for admission for assessment or for treatment the application, or any medical recommendation given for the purposes of the application, is found to be in any respect incorrect or defective, the application or recommendation may, within that period and with the consent of the managers of the hospital, be amended by the person by whom it was signed; and upon such amendment being made the application or recommendation shall have effect and shall be deemed to have had effect as if it had been originally made as so amended.
(2)Without prejudice to subsection (1) above, if within the period mentioned in that subsection it appears to the managers of the hospital that one of the two medical recommendations on which an application for the admission of a patient is founded is insufficient to warrant the detention of the patient in pursuance of the application, they may, within that period, give notice in writing to that effect to the applicant; and where any such notice is given in respect of a medical recommendation, that recommendation shall be disregarded, but the application shall be, and shall be deemed always to have been, sufficient if—
(a)a fresh medical recommendation complying with the relevant provisions of this Part of this Act (other than the provisions relating to the time of signature and the interval between examinations) is furnished to the managers within that period; and
(b)that recommendation, and the other recommendation on which the application is founded, together comply with those provisions.
(3)Where the medical recommendations upon which an application for admission is founded are, taken together, insufficient to warrant the detention of the patient in pursuance of the application, a notice under subsection (2) above may be given in respect of either of those recommendationsF35...
(4)Nothing in this section shall be construed as authorising the giving of notice in respect of an application made as an emergency application, or the detention of a patient admitted in pursuance of such an application, after the period of 72 hours referred to in section 4(4) above, unless the conditions set out in paragraphs (a) and (b) of that section are complied with or would be complied with apart from any error or defect to which this section applies.
Annotations: Help about AnnotationAmendments (Textual)F35Words in s. 15(3) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 1 (with Sch. 10); S.I. 2008/1900, art. 2(p) (with art. 3, Sch.) Position of patients subject to detention or guardianship16 Reclassification of patients.F36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations: Help about AnnotationAmendments (Textual)F36S. 16 repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 1 (with Sch. 10); S.I. 2008/1900, art. 2(p) (with art. 3, Sch.)17 Leave of absence from hospital.(1)The [F37responsible clinician]F37 may grant to any patient who is for the time being liable to be detained in a hospital under this Part of this Act leave to be absent from the hospital subject to such conditions (if any) as [F38that clinician]F38 considers necessary in the interests of the patient or for the protection of other persons.
(2)Leave of absence may be granted to a patient under this section either indefinitely or on specified occasions or for any specified period; and where leave is so granted for a specified period, that period may be extended by further leave granted in the absence of the patient.
[F39(2A)But longer-term leave may not be granted to a patient unless the responsible clinician first considers whether the patient should be dealt with under section 17A instead.
(2B)For these purposes, longer-term leave is granted to a patient if—
(a)leave of absence is granted to him under this section either indefinitely or for a specified period of more than seven consecutive days; or
(b)a specified period is extended under this section such that the total period for which leave of absence will have been granted to him under this section exceeds seven consecutive days.]
F39(3)Where it appears to the [F40responsible clinician]F40 that it is necessary so to do in the interests of the patient or for the protection of other persons, he may, upon granting leave of absence under this section, direct that the patient remain in custody during his absence; and where leave of absence is so granted the patient may be kept in the custody of any officer on the staff of the hospital, or of any other person authorised in writing by the managers of the hospital or, if the patient is required in accordance with conditions imposed on the grant of leave of absence to reside in another hospital, of any officer on the staff of that other hospital.
(4)In any case where a patient is absent from a hospital in pursuance of leave of absence granted under this section, and it appears to the [F41responsible clinician]F41 that it is necessary so to do in the interests of the patient’s health or safety or for the protection of other persons, [F42that clinician]F42 may, subject to subsection (5) below, by notice in writing given to the patient or to the person for the time being in charge of the patient, revoke the leave of absence and recall the patient to the hospital.
(5)A patient to whom leave of absence is granted under this section shall not be recalled under subsection (4) above after he has ceased to be liable to be detained under this Part of this Act;F43...
[F44(6)Subsection (7) below applies to a person who is granted leave by or by virtue of a provision—
(a)in force in Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man; and
(b)corresponding to subsection (1) above.
(7)For the purpose of giving effect to a direction or condition imposed by virtue of a provision corresponding to subsection (3) above, the person may be conveyed to a place in, or kept in custody or detained at a place of safety in, England and Wales by a person authorised in that behalf by the direction or condition.]
Annotations: Help about AnnotationAmendments (Textual)F37Words in s. 17(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(a)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F38Words in s. 17(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(a)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F39S. 17(2A)(2B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 33(2), 56 (with Sch. 10); S.I. 2008/1900, art. 2(j) (with art. 3, Sch.)F40Words in s. 17(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F41Words in s. 17(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(c)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F42Words in s. 17(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 9(3)(c)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)F43Words in s. 17(5) omitted (1.4.1996 with application as mentioned in s. 3(3) of the omitting Act)) by virtue of 1995 c. 52, ss. 3(1)(3), 7(2)F44S. 17(6)(7) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 39(1), 56 (with Sch. 10); S.I. 2007/2798, art. 2[F4517ACommunity treatment orders(1)The responsible clinician may by order in writing discharge a detained patient from hospital subject to his being liable to recall in accordance with section 17E below.
(2)A detained patient is a patient who is liable to be detained in a hospital in pursuance of an application for admission for treatment.
(3)An order under subsection (1) above is referred to in this Act as a “community treatment order”.
(4)The responsible clinician may not make a community treatment order unless—
(a)in his opinion, the relevant criteria are met; and
(b)an approved mental health professional states in writing—
(i)that he agrees with that opinion; and
(ii)that it is appropriate to make the order.
(5)The relevant criteria are—
(a)the patient is suffering from mental disorder of a nature or degree which makes it appropriate for him to receive medical treatment;
(b)it is necessary for his health or safety or for the protection of other persons that he should receive such treatment;
(c)subject to his being liable to be recalled as mentioned in paragraph (d) below, such treatment can be provided without his continuing to be detained in a hospital;
(d)it is necessary that the responsible clinician should be able to exercise the power under section 17E(1) below to recall the patient to hospital; and
(e)appropriate medical treatment is available for him.
(6)In determining whether the criterion in subsection (5)(d) above is met, the responsible clinician shall, in particular, consider, having regard to the patient's history of mental disorder and any other relevant factors, what risk there would be of a deterioration of the patient's condition if he were not detained in a hospital (as a result, for example, of his refusing or neglecting to receive the medical treatment he requires for his mental disorder).
(7)In this Act—
“community patient” means a patient in respect of whom a community treatment order is in force;
“the community treatment order”, in relation to such a patient, means the community treatment order in force in respect of him; and
“the responsible hospital”, in relation to such a patient, means the hospital in which he was liable to be detained immediately before the community treatment order was made, subject to section 19A below.
Annotations: Help about AnnotationAmendments (Textual)F45Ss. 17A-17G inserted (1.4.2008 s. 17F for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32(2), 56 (with Sch. 10); S.I. 2008/745, art. 2(c)(i); S.I. 2008/1900, art. 2(i) (with art. 3, Sch. )Modifications etc. (not altering text)C6S. 17A modified (3.11.2008) by The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 (S.I. 2008/1210), art. 6(b)C7S. 17A(7) modified (3.11.2008) by The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 (S.I. 2008/1210), art. 11(a)17BConditions(1)A community treatment order shall specify conditions to which the patient is to be subject while the order remains in force.
(2)But, subject to subsection (3) below, the order may specify conditions only if the responsible clinician, with the agreement of the approved mental health professional mentioned in section 17A(4)(b) above, thinks them necessary or appropriate for one or more of the following purposes—
(a)ensuring that the patient receives medical treatment;
(b)preventing risk of harm to the patient's health or safety;
(c)protecting other persons.
(3)The order shall specify—
(a)a condition that the patient make himself available for examination under section 20A below; and
(b)a condition that, if it is proposed to give a certificate under Part 4A of this Act in his case, he make himself available for examination so as to enable the certificate to be given.
(4)The responsible clinician may from time to time by order in writing vary the conditions specified in a community treatment order.
(5)He may also suspend any conditions specified in a community treatment order.
(6)If a community patient fails to comply with a condition specified in the community treatment order by virtue of subsection (2) above, that fact may be taken into account for the purposes of exercising the power of recall under section 17E(1) below.
(7)But nothing in this section restricts the exercise of that power to cases where there is such a failure.
Annotations: Help about AnnotationModifications etc. (not altering text)C8S. 17B(2) modified (3.11.2008) by The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 (S.I. 2008/1210), art. 6(c)17CDuration of community treatment orderA community treatment order shall remain in force until—
(a)the period mentioned in section 20A(1) below (as extended under any provision of this Act) expires, but this is subject to sections 21 and 22 below;
Etc etc etc etc........
Soldato
- Joined
- 4 Feb 2003
- Posts
- 6,135
- Location
- Birmingham
Dammit, I thought I had finally found the fitness program for me but unfortunately I would like to cycle for over 30 miles off road not in the forest and preferably double track so it just doesn't suit me 
I suppose I shall have to keep looking
I suppose I shall have to keep looking
If i were drinking at the time of reading this, i would have to get a new keyboard...
I was eating, and it's not a pretty sight. Damn you
Well... I subscribed to Arek's channel and got a message from the special one himself -
From the linked file...
Over 5 miles!? Puts my marathon efforts to shame, I must have been doing it all wrong
Not sure what the proximity to other humans has to do with anything, other than your chances of being assaulted while pratting about in the park
From the linked file...
Over 5 miles!? Puts my marathon efforts to shame, I must have been doing it all wrong
Not sure what the proximity to other humans has to do with anything, other than your chances of being assaulted while pratting about in the parkWell... I subscribed to Arek's channel and got a message from the special one himself -
From the linked file...
Over 5 miles!? Puts my marathon efforts to shame, I must have been doing it all wrong
Probably flaunting the fact he is breaching his multiple restraining orders put in place by super hot girls.
Soldato
- Joined
- 22 Jul 2012
- Posts
- 16,169
- Location
- London
Hang on, this guy actually IS our Arek?
Damn, he's so good...
Damn, he's so good...
Soldato
- Joined
- 22 Jul 2012
- Posts
- 16,169
- Location
- London
Wow upon wow. Sometimes, the truth really is stranger than fiction...
I always thought most of his posts were 'artful' trolling, but no. He really is loops.
I always thought most of his posts were 'artful' trolling, but no. He really is loops.
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Soldato
- Joined
- 23 May 2005
- Posts
- 2,964
- Location
- Auckland, New Zealand
I think Arek is a robot.
Arek would NOT pass the turing test.
Arek would NOT pass the turing test.
