MHA 1983 s67
Mental Health Act 1983
(as amended)
Law as at 19/11/11 unless otherwise stated under "Amendments" heading
Changes made by Mental Health Act 2007
- Supervised Community Treatment replaces Supervised Discharge 3/11/08
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
Related cases
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See also
[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 23. References to the Tribunal [Note that the chapter number relates to the old Reference Guide] — paragraphs 23.16 to 23.19 and 23.25 to 23.27
- Mental Health Act 1983 Code Of Practice for England, 30. Functions of hospital managers
Procedure
Requests for referrals under section 67 of the 1983 Act should be sent to the Department of Health and Social Care. The procedure is set out in DHSC, 'Section 67 of the MHA 1983: References by the Secretary of State for Health and Social Care to the First-tier Tribunal' (14/8/19). See Contact:Department of Health and Social Care - Mental Health Legislation for their contact details. The relevant tribunal form is T111: see Tribunal forms.
Law
References to tribunals by Secretary of State concerning Part II patients
67.—(1) The Secretary of State may, if he thinks fit, at any time refer to [the appropriate tribunal][1] the case of any patient who is liable to be detained or subject to guardianship [...][2] under Part II of this Act [or of any community patient].[2]
(2) For the purpose of furnishing information for the purposes of a reference under subsection (1) above any registered medical practitioner [or approved clinician][2] authorised by or on behalf of the patient may, at any reasonable time, visit the patient and examine him in private and 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]
(3) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.
Amendments
- ↑ Transfer of Tribunal Functions Order 2008 wef 3/11/08
- ↑ 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
- ↑ Mental Health (Patients in the Community) Act 1995