Part V contents
65, 66, 67, 68, 68A, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79
I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules
Changes made by Mental Health Act 2007
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.
- R (MN) v MHRT (2008) EWHC 3383 (Admin) — Tribunal application made under s70 when patient subject to s47/49 (restricted transfer direction) lapses when s49 (restriction direction) lapses; to avoid delay, the application can be treated as if it were an application under s69(2)(a).
[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]
Applications to tribunals concerning patients subject to hospital and guardianship orders
69.—(1) Without prejudice to any provision of section 66(1) above as applied by section 40(4) above, an application to [the appropriate tribunal] may also be made—
- [(a) in respect of a patient liable to be detained in pursuance of a hospital order or a community patient who was so liable immediately before he became a community patient, by the nearest relative of the patient in any period in which an application may be made by the patient under any such provision as so applied;]
- (b) in respect of a patient placed under guardianship by a guardianship order—
- (i) by the patient, within the period of six months beginning with the date of the order;
- (ii) by the nearest relative of the patient, within the period of 12 months beginning with the date of the order and in any subsequent period of 12 months.
(2) Where a person detained in a hospital—
- (a) is treated as subject to a hospital order[, hospital direction] or transfer direction by virtue of section 41(5) above [or section 80B(2), 82(2) or 85(2) below]; or
- (b) is subject to a direction having the same effect as a hospital order by virtue of section [...] 47(3) or 48(3) above,
then, without prejudice to any provision of Part II of this Act as applied by section 40 above, that person may make an application to [the appropriate tribunal] in the period of six months beginning with the date of the order or direction mentioned in paragraph (a) above or, as the case may be, the date of the direction mentioned in paragraph (b) above.
[(3) The provisions of section 66 above as applied by section 40(4) above are subject to subsection (4) below.
(4) If the initial detention period has not elapsed when the relevant application period begins, the right of a hospital order patient to make an application by virtue of paragraph (ca) or (cb) of section 66(1) above shall be exercisable only during whatever remains of the relevant application period after the initial detention period has elapsed.
(5) In subsection (4) above—
- (a) "hospital order patient" means a patient who is subject to a hospital order, excluding a patient of a kind mentioned in paragraph (a) or (b) of subsection (2) above;
- (b) "the initial detention period", in relation to a hospital order patient, means the period of six months beginning with the date of the hospital order; and
- (c) "the relevant application period" means the relevant period mentioned in paragraph (ca) or (cb), as the case may be, of section 66(2) above.]
- ↑ 1.0 1.1 Transfer of Tribunal Functions Order 2008 wef 3/11/08
- ↑ 2.0 2.1 2.2 2.3 Mental Health Act 2007 s32 & sch 3; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
- ↑ Mental Health Act 2007 s 39 & sch 5; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07