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S117 text

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After-care

117.—(1) This section applies to persons who are detained under section 3 above, or admitted to a hospital in pursuance of a hospital order made under section 37 above, or transferred to a hospital in pursuance of [a hospital direction made under section 45A above or][1] a transfer direction made under section 47 or 48 above, and then cease to be detained and [(whether or not immediately after so ceasing)][2] leave hospital.

(2) It shall be the duty of the [Primary Care Trust or][3] [Local Health Board][4] and of the local social services authority to provide, in co-operation with relevant voluntary agencies, after-care services for any person to whom this section applies until such time as the [Primary Care Trust or][3] [Local Health Board][4] and the local social services authority are satisfied that the person concerned is no longer in need of such services[; but they shall not be so satisfied in the case of a [community patient while he remains such a patient.][5]][2]

[(2A) [...][5]

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

[(2C) References in this Act to after-care services provided for a patient under this section include references to services provided for the patient—

(a) in respect of which direct payments are made under regulations under section 57 of the Health and Social Care Act 2001 or section 12A(4) of the National Health Service Act 2006, and
(b) which would be provided under this section apart from the regulations.][6]

(3) In this [section "the [Primary Care Trust or][3] [Local Health Board][4]" means the [Primary Care Trust or][3] [Local Health Board][4], and "the local social services authority" means the local social services authority, for the area][7] in which the person concerned is resident or to which he is sent on discharge by the hospital in which he was detained.

Amendments

  1. Crime (Sentences) Act 1997
  2. 2.0 2.1 2.2 Mental Health (Patients in the Community) Act 1995
  3. 3.0 3.1 3.2 3.3 NHS Reform and Health Care Professions Act 2002
  4. 4.0 4.1 4.2 4.3 References to Health Authorities Order 2007
  5. 5.0 5.1 Mental Health Act 2007 s32 & sch 3, s55 & sch 11; Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 wef 3/11/08
  6. Health Act 2009 sch 1 para 3; Health Act 2009 (Commencement No. 1) Order 2010 (19/1/10)
  7. Health Authorities Act 1995