MHA 1983 s133
Change made by Mental Health Act 2007
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[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 12. Detention in hospital, 15. Supervised Community Treatment — paragraphs 12.126 to 12.128 (detention) and 15.26 and 15.123 (SCT)
- Mental Health Act 1983 Code Of Practice for England, 2. Information for patients, nearest relatives and others
Duty of managers of hospitals to inform nearest relative of discharge
133.—(1) Where a patient liable to be detained under this Act in a hospital or [registered establishment] is to be discharged otherwise than by virtue of an order for discharge made by his nearest relative, the managers of the hospital or [registered establishment] shall, subject to subsection (2) below, take such steps as are practicable to inform the person (if any) appearing to them to be the nearest relative of the patient; and that information shall, if practicable, be given at least seven days before the date of discharge.
[(1A) The reference in subsection (1) above to a patient who is to be discharged includes a patient who is to be discharged from hospital under section 17A above.
(1B) Subsection (1) above shall also apply in a case where a community patient is discharged under section 23 or 72 above (otherwise than by virtue of an order for discharge made by his nearest relative), but with the reference in that subsection to the managers of the hospital or registered establishment being read as a reference to the managers of the responsible hospital.]
(2) Subsection (1) above shall not apply if the patient or his nearest relative has requested that information about the patient’s discharge should not be given under this section.