MHA 1983 s76

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

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

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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, 22. Applications to the First-tier Tribunal [Note that the chapter number relates to the old Reference Guide], 23. References to the Tribunal [Note that the chapter number relates to the old Reference Guide] — paragraphs 22.16 to 22.18 (applications), 23.25 to 23.26 (references)


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.


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