View source for S61 text

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'''Review of treatment'''

61.—(1) Where a patient is given treatment in accordance with section 57(2)[, 58(3)(b) or 58A(4) or (5)]<ref name="MHA">[[Mental Health Act 2007]] s12, s28, s34, s55 & sch 11; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> above[, or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section),]<ref name="MHA"/> [that falls within section 64C(4) below]<ref>[[Health and Social Care Act 2012]] s299(7); [[Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013]] (1/6/12)</ref> a report on the treatment and the patient’s condition shall be given [by the approved clinician in charge of the treatment]<ref name="MHA"/> to the [the regulatory authority]<ref name="HSCA">[[Health and Social Care Act 2008]] sch 3; [[Health and Social Care Act 2008 (Commencement No 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009]] wef 1/4/09</ref>—

:(a) on the next occasion on which the [responsible clinician]<ref name="MHA"/> furnishes a report '''['''under section 20(3) [, 20A(4) or 21B(2) above in respect]<ref name="MHA"/> of the patient''']''';<ref>[[Mental Health (Patients in the Community) Act 1995]]</ref> and

:(b) at any other time if so required by the [the regulatory authority].<ref name="HSCA"/>

(2) In relation to a patient who is subject to a restriction order[, limitation direction]<ref name="CSA">[[Crime (Sentences) Act 1997]]</ref> or restriction direction subsection (1) above shall have effect as if paragraph (a) required the report to be made—

:(a) in the case of treatment in the period of six months beginning with the date of the order or direction, at the end of that period;

:(b) in the case of treatment at any subsequent time, on the next occasion on which the [responsible clinician]<ref name="MHA"/> makes a report in respect of the patient under section 41(6)[, 45B(3)]<ref name="CSA"/> or 49(3) above.

(3) The [the regulatory authority]<ref name="HSCA"/> may at any time give notice [...]<ref name="MHA"/> directing that, subject to section 62 below, a certificate given in respect of a patient under section. 57(2)[, 58(3)(b) or 58A(4) or (5)]<ref name="MHA"/> above shall not apply to treatment given to him [(whether in England or Wales)]<ref name="HSCA"/> after a date specified in the notice and sections 57[, 58 and 58A]<ref name="MHA"/> above shall then apply to any such treatment as if that certificate had not been given.

[(3A)   The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment.]<ref name="MHA"/>

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