Mental Health Act 1983
(as amended)

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Law as at 19/11/11

Part IV contents

56, 57, 58, 58A, 59, 60, 61, 62, 62A, 63, 64

All Parts

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

Overview of the MHA 1983
Plain text for printing
Statute Law Database

For details, see Compulsory treatment.

Change made by Mental Health Act 2007

• Treatment while under SCT is covered by new Part 4A 3/11/08

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

• Reference Guide to the Mental Health Act 1983, 16. Medical treatment for patients in hospital, etc (Part 4), 17. Medical treatment of Supervised Community Treatment patients (Part 4A) — paragraphs 16.61 and 17.33 to 17.44
• Mental Health Act 1983 Code Of Practice for England, 23. Medical treatment under the Act, 24. Treatments subject to special rules and procedures

Law

Treatment on recall of community patient or revocation of order

[62A.—(1) This section applies where—

(a) a community patient is recalled to hospital under section 17E above; or

(b) a patient is liable to be detained under this Act following the revocation of a community treatment order under section 17F above in respect of him.

(2) For the purposes of section 58(1)(b) above, the patient is to be treated as if he had remained liable to be detained since the making of the community treatment order.

(3) But section 58 above does not apply to treatment given to the patient if—

(a) the certificate requirement is met for the purposes of section 64C or 64E below; or

(b) as a result of section 64B(4) or 64E(4) below, the certificate requirement would not apply (were the patient a community patient not recalled to hospital under section 17E above).

(4) Section 58A above does not apply to treatment given to the patient if there is authority to give the treatment, and the certificate requirement is met, for the purposes of section 64C or 64E below.

(5) In a case where this section applies, the certificate requirement is met only in so far as—

(a) the Part 4A certificate expressly provides that it is appropriate for one or more specified forms of treatment to be given to the patient in that case (subject to such conditions as may be specified); or

(b) a notice having been given under subsection (5) of section 64H below, treatment is authorised by virtue of subsection (8) of that section.

(6) Subsection (5)(a) above shall not preclude the continuation of any treatment, or of treatment under any plan, pending compliance with section 58 or 58A above if the approved clinician in charge of the treatment considers that the discontinuance of the treatment, or of the treatment under the plan, would cause serious suffering to the patient.

(7) In a case where subsection (1)(b) above applies, subsection (3) above only applies pending compliance with section 58 above.

(8) In subsection (5) above—

"Part 4A certificate" has the meaning given in section 64H below; and

"specified", in relation to a Part 4A certificate, means specified in the certificate.]

Amendments