MHA 1983 s76

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

Changes 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.

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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

Visiting and examination of patients

76.—(1) For the purpose of advising whether an application to [the appropriate tribunal][1] should be made by or in respect of a patient who is liable to be detained or subject to guardianship [...][2] under Part II of this Act [or a community patient,][2] or of furnishing information as to the condition of a patient for the purposes of such an application, any registered medical practitioner [or approved clinician][2] authorised by or on behalf of the patient or other person who is entitled to make or has made the application—

(a) may at any reasonable time visit the patient and examine him in private, and
(b) may require the production of and inspect any records relating to the detention or treatment of the patient in any hospital [or to any after-care services provided for the patient under section 117 below].[3]

(2) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.

Amendments

  1. Transfer of Tribunal Functions Order 2008 wef 3/11/08
  2. 2.0 2.1 2.2 Mental Health Act 2007 s13, s32 & sch 3, s55 & sch 11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
  3. Mental Health (Patients in the Community) Act 1995

Transfers from Scotland: See the Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996.