MHA 1983 s118: Difference between revisions

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118.—(1) The Secretary of State shall prepare, and from time to time revise, a code of practice—
== Law ==


:(a) for the guidance of registered medical practitioners, managers and staff of hospitals and mental nursing homes and approved social workers in relation to the admission of patients to hospitals and mental nursing homes under this Act; and
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:(b) for the guidance of registered medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder.
 
(2) The code shall, in particular, specify forms of medical treatment in addition to any specified by regulations made for the purposes of section 57 above which in the opinion of the Secretary of State give rise to special concern and which should accordingly not be given by a registered medical practitioner unless the patient has consented to the treatment (or to a plan of treatment including that treatment) and a certificate in writing as to the matters mentioned in subsection (2)(a) and (b) of that section has been given by another registered medical practitioner, being a practitioner appointed for the purposes of this section by the Secretary of State.
 
(3) Before preparing the code or making any alteration in it the Secretary of State shall consult such bodies as appear to him to be concerned.
 
(4) The Secretary of State shall lay copies af the code and of any alteration in the code before Parliament; and if either House of Parliament passes a resolution requiring the code or any alteration in it to be withdrawn the Secretary of State shall withdraw the code or alteration and, where he withdraws the code, shall prepare a code in substitution for the one which is withdrawn.
 
(5) No resolution shall be passed by either House of Parliament under subsection (4) above in respect of a code or alteration after the expiration of the period of 40 days beginning with the day on which a copy of the code or alteration was laid before that House; but for the purposes of this subsection no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
 
(6) The Secretary of State shall publish the code as for the time being in force.
 
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Revision as of 11:36, 28 May 2006

Law

Interpretation of Part V

79.—(1) In this Part of this Act "restricted patient" means a patient who is subject to a restriction order[, limitation direction][1] or restriction direction and this Part of this Act shall, subject to the provisions of this section, have effect in relation to any person who—

[(a) is treated by virtue of any enactment as subject to a hospital order and a restriction order; or][2]
(b) [...][2]
[(c) is treated as subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction, by virtue of any provision of Part 6 of this Act (except section 80D(3), 82A(2) or 85A(2) below),][3]

as it has effect in relation to a restricted patient.

(2) Subject to the following provisions of this section, in this Part of this Act "the relevant hospital order"[, "the relevant hospital direction"][1] and "the relevant transfer direction", in relation to a restricted patient, mean the hospital order[, the hospital direction][1] or transfer direction by virtue of which he is liable to be detained in a hospital.

(3) In the case of a person within paragraph (a) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the direction referred to in that paragraph.

(4) In the case of a person within paragraph (b) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in that paragraph.

(5) In the case of a person within paragraph (c) of subsection (1) above, references in this Part of this Act to the relevant hospital order, [the relevant hospital direction,][3] the relevant transfer direction, the restriction order[, the limitation direction][3] or the restriction direction or to a transfer direction under section 48 above shall be construed as references to the hospital order, [hospital direction,][3] transfer direction, restriction order, [limitation direction,][3] restriction direction or transfer direction under that section to which that person is treated as subject by virtue of the provisions mentioned in that paragraph.

[(5A) Section 75 above shall, subject to the modifications in subsection (5C) below, have effect in relation to a qualifying patient as it has effect in relation to a restricted patient who is conditionally discharged under section 42(2), 73 or 74 above.

(5B) A patient is a qualifying patient if he is treated by virtue of section 80D(3), 82A(2) or 85A(2) below as if he had been conditionally discharged and were subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction.

(5C) The modifications mentioned in subsection (5A) above are—

(a) references to the relevant hospital order, hospital direction or transfer direction, or to the restriction order, limitation direction or restriction direction to which the patient is subject, shall be construed as references to the hospital order, hospital direction or transfer direction, or restriction order, limitation direction or restriction direction, to which the patient is treated as subject by virtue of section 80D(3), 82A(2) or 85A(2) below; and
(b) the reference to the date on which the patient was conditionally discharged shall be construed as a reference to the date on which he was treated as conditionally discharged by virtue of a provision mentioned in paragraph (a) above.][3]

(6) In this Part of this Act, unless the context otherwise requires, "hospital" means a hospital[, and "the responsible clinician" means the responsible clinician,][3] within the meaning of Part II of this Act.

(7) [...][4]

Amendments