MHA 1983 s68A

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part V contents

65, 66, 67, 68, 68A, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79

All Parts

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

Change made by Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Power to reduce periods under section 68

[68A.—(1) The appropriate national authority may from time to time by order amend subsection (2) or (6) of section 68 above so as to substitute for a period mentioned there such shorter period as is specified in the order.

(2) The order may include such transitional, consequential, incidental or supplemental provision as the appropriate national authority thinks fit.

(3) The order may, in particular, make provision for a case where—

(a) a patient in respect of whom subsection (1) of section 68 above applies is, or is about to be, transferred from England to Wales or from Wales to England; and
(b) the period by reference to which subsection (2) or (6) of that section operates for the purposes of the patient's case is not the same in one territory as it is in the other.

(4) A patient is transferred from one territory to the other if—

(a) he is transferred from a hospital, or from guardianship, in one territory to a hospital in the other in pursuance of regulations made under section 19 above;
(b) he is removed under subsection (3) of that section from a hospital or accommodation in one territory to a hospital or accommodation in the other;
(c) he is a community patient responsibility for whom is assigned from a hospital in one territory to a hospital in the other in pursuance of regulations made under section 19A above; [or][1]
(d) on the revocation of a community treatment order in respect of him under section 17F above he is detained in a hospital in the territory other than the one in which the responsible hospital was situated; [...][1]
(e) [...][1]

(5) Provision made by virtue of subsection (3) above may require or authorise the managers of a hospital determined in accordance with the order to refer the patient's case to [the appropriate tribunal].[2]

(6) In so far as making provision by virtue of subsection (3) above, the order—

(a) may make different provision for different cases;
(b) may make provision which applies subject to specified exceptions.

(7) Where the appropriate national authority for one territory makes an order under subsection (1) above, the appropriate national authority for the other territory may by order make such provision in consequence of the order as it thinks fit.

(8) An order made under subsection (7) above may, in particular, make provision for a case within subsection (3) above (and subsections (4) to (6) above shall apply accordingly).

(9) In this section, "the appropriate national authority" means—

(a) in relation to a hospital in England, the Secretary of State;
(b) in relation to a hospital in Wales, the Welsh Ministers.][3]

Amendments

  1. 1.0 1.1 1.2 Health and Social Care Act 2012 s42; Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012/1319 (1/7/12) (removal of reference to s123). Note s42(5): 'This section does not affect (a) the authority for the detention of a person who is liable to be detained under the Mental Health Act 1983 before the commencement of this section, (b) that Act in relation to any application, order or direction for admission or removal to a hospital made under that Act before that commencement, or (c) the authority for the retaking of a person who, before that commencement, escapes while being taken to or from a hospital as mentioned in section 138(4)(a) of that Act.'
  2. Transfer of Tribunal Functions Order 2008 wef 3/11/08
  3. Mental Health Act 2007 s37; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08