MHA 1983 s39

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

Part III contents

35, 36, 37, 38, 39, 39A, 40, 41, 42, 43, 44, 45, 45A, 45B, 46, 47, 48, 49, 50, 51, 52, 53, 54, 54A, 55

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Change made by Mental Health Act 2007

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.  

See also

[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, 4. Hospital orders [Note that the chapter number relates to the old Reference Guide], 5. Hospital and limitation directions [Note that the chapter number relates to the old Reference Guide], 7. Interim hospital orders [Note that the chapter number relates to the old Reference Guide] — paragraphs 4.11 to 4.12 (also 5.8 and 7.10)
  • Mental Health Act 1983 Code Of Practice for England, 33. Patients concerned with criminal proceedings

Law

Information as to hospitals

39.—(1) Where a court is minded to make a hospital order or interim hospital order in respect of any person it may request—

(a) the [...][1] [clinical commissioning group or][1] [Local Health Board][2] for [the area][3] in which that person resides or last resided; or
(b) [the National Health Service Commissioning Board or][1] [the National Assembly for Wales or any other][2] [...][1] [clinical commissioning group or][1] [Local Health Board][2] that appears to the court to be appropriate,

to furnish the court with such information as [that [...][1] [clinical commissioning group or][1] [Local Health Board][2]][3] [or [the National Health Service Commissioning Board or the][1] National Assembly for Wales][2] have or can reasonably obtain with respect to the hospital or hospitals (if any) in [their area][3] or elsewhere at which arrangements could be made for the admission of that person in pursuance of the order, and [that [...][1] [clinical commissioning group or][1] [Local Health Board or [the National Health Service Commissioning Board or the][1] National Assembly for Wales][2] shall][3] comply with any such request.

[(1ZA) A request under this section to the National Health Service Commissioning Board may relate only to services or facilities the provision of which the Board arranges.][1]

[(1A) In relation to a person who has not attained the age of 18 years, subsection (1) above shall have effect as if the reference to the making of a hospital order included a reference to a remand under section 35 or 36 above or the making of an order under section 44 below.

(1B) Where the person concerned has not attained the age of 18 years, the information which may be requested under subsection (1) above includes, in particular, information about the availability of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years.][4]

(2) [...][3]

Amendments