Open justice | Let us know if you have a tribunal decision you would like to publish (see Re A)
Email updates | CPD scheme

Online forum | Latest topic on forum: Ward with intermittent RC cover | News

S23 text: Difference between revisions

No edit summary
No edit summary
Line 16: Line 16:
:[(c)  where the patient is a community patient, by the responsible clinician, by the managers of the responsible hospital or by the nearest relative of the patient.]<ref name="MHA"/>
:[(c)  where the patient is a community patient, by the responsible clinician, by the managers of the responsible hospital or by the nearest relative of the patient.]<ref name="MHA"/>


(3) Where the patient [falls within subsection (3A) below],<ref name="MHA"/> an order for his discharge may, without prejudice to subsection (2) above, be made by the Secretary of State and, if [arrangements have been made in respect of the patient]<ref name="MHA"/> under a contract with a [National Health Service trust]<ref name="NHS">[[NHS and Community Care Act 1990]]</ref> '''[''', [NHS foundation trust,]<ref name="HSC">[[Health and Social Care (Community Health and Standards) Act 2003]]</ref> [[Local Health Board],<ref name="RHA">[[References to Health Authorities Order 2007]]</ref> Special Health Authority or Primary Care Trust]<ref name="HAO">[[Health Act 1999 (Supplementary, Consequential, etc Provisions) Order 2000]]</ref>, by that National Health Service trust, [NHS foundation trust,]<ref name="HSC" /> [[Local Health Board],<ref name="RHA"/> Special Health Authority or Primary Care Trust]<ref name="HAO" />.''']'''<ref name="Health">[[Health Authorities Act 1995]]</ref>
[...]<ref name="HSC-Jul12">Subs (3) and (3A) repealed by [[Health and Social Care Act 2012]] s39 (1/7/12)</ref>


[(3A)  A patient falls within this subsection if—
(4) The powers conferred by this section on any authority [trust]<ref name="NHS">[[NHS and Community Care Act 1990]]</ref> [, board]<ref name="RHA">[[References to Health Authorities Order 2007]]</ref> [(other than an NHS foundation trust)]<ref name="HSC">[[Health and Social Care (Community Health and Standards) Act 2003]]</ref>" or body of persons may be exercised [subject to subsection (5) below]<ref name="NHS" /> by any three or more members of that authority [trust]<ref name="NHS" /> [, board]<ref name="RHA"/>or body authorised by them in that behalf or by three or more members of a committee or sub-committee of that authority [trust]<ref name="NHS" /> [, board]<ref name="RHA"/>or body which has been authorised by them in that behalf.
 
:(a)  he is liable to be detained in a registered establishment in pursuance of an application for admission for assessment or for treatment; or
 
: (b)  he is a community patient and the responsible hospital is a registered establishment.]<ref name="MHA"/>
 
(4) The powers conferred by this section on any authority [trust]<ref name="NHS" /> [, board]<ref name="RHA"/> [(other than an NHS foundation trust)]<ref name="HSC" /> or body of persons may be exercised [subject to subsection (5) below]<ref name="NHS" /> by any three or more members of that authority [trust]<ref name="NHS" /> [, board]<ref name="RHA"/>or body authorised by them in that behalf or by three or more members of a committee or sub-committee of that authority [trust]<ref name="NHS" /> [, board]<ref name="RHA"/>or body which has been authorised by them in that behalf.


[(5) The reference in subsection (4) above to the members of an authority, trust [, board]<ref name="RHA"/> or body or the members of a committee or sub-committee of an authority, trust [, board]<ref name="RHA"/> or body,—
[(5) The reference in subsection (4) above to the members of an authority, trust [, board]<ref name="RHA"/> or body or the members of a committee or sub-committee of an authority, trust [, board]<ref name="RHA"/> or body,—


:(a) in the case of a '''['''a [[Local Health Board],<ref name="RHA"/> Special Health Authority or Primary Care Trust]<ref name="HAO" />''']'''<ref name="Health" /> or a committee or sub-committee of '''['''a [[Local Health Board],<ref name="RHA"/> Special Health Authority or Primary Care Trust]<ref name="HAO" />''']'''<ref name="Health" />, is a reference only to the chairman of the authority [, trust or board]<ref name="RHA"/> and [such members (of the authority, trust, board, committee or sub-committee],<ref name="RHA"/> as the case may be) as are not also officers of the authority [, trust or board],<ref name="RHA"/> within the meaning of the [the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]<ref>[[National Health Service (Consequential Provisions) Act 2006]] wef 1/3/07</ref>; and
:(a) in the case of a '''['''a [[Local Health Board]<ref name="RHA"/> [or Special Health Authority]<ref name="HSC-Apr13">[[Health and Social Care Act 2012]] s26; [[Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013]] (1/4/13)</ref> [...]<ref name="HSC-Apr13"/>]<ref name="HAO">[[Health Act 1999 (Supplementary, Consequential, etc Provisions) Order 2000]]</ref>''']'''<ref name="Health">[[Health Authorities Act 1995]]</ref> or a committee or sub-committee of '''['''a [[Local Health Board]<ref name="RHA"/> [or Special Health Authority]<ref name="HSC-Apr13"/> [...]<ref name="HSC-Apr13"/>]<ref name="HAO" />''']'''<ref name="Health" />, is a reference only to the chairman of the authority [[...]<ref name="HSC-Apr13"/> or board]<ref name="RHA"/> and [such members (of the authority [...]<ref name="HSC-Apr13"/>, board, committee or sub-committee],<ref name="RHA"/> as the case may be) as are not also officers of the authority [[...]<ref name="HSC-Apr13"/> or board],<ref name="RHA"/> within the meaning of the [the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]<ref>[[National Health Service (Consequential Provisions) Act 2006]] wef 1/3/07</ref>; and


:(b) in the case of a National Health Service trust or a committee or sub-committee of such a trust, is a reference only to the chairman of the trust and such directors or (in the case of a committee or sub-committee) members as are not also employees of the trust.]<ref name="NHS" />
:(b) in the case of a National Health Service trust or a committee or sub-committee of such a trust, is a reference only to the chairman of the trust and such directors or (in the case of a committee or sub-committee) members as are not also employees of the trust.]<ref name="NHS" />

Revision as of 21:27, 6 May 2013

Discharge of patients

23.—(1) Subject to the provisions of this section and section 25 below, a patient who is for the time being liable to be detained or subject to guardianship under this Part of this Act shall cease to be so liable or subject if an order in writing discharging him [absolutely from detention or guardianship is made in accordance with this section].[1]

[(1A) Subject to the provisions of this section and section 25 below, a community patient shall cease to be liable to recall under this Part of this Act, and the application for admission for treatment cease to have effect, if an order in writing discharging him from such liability is made in accordance with this section.

(1B) An order under subsection (1) or (1A) above shall be referred to in this Act as "an order for discharge".][1]

(2) An order for discharge may be made in respect of a patient—

(a) where the patient is liable to be detained in a hospital in pursuance of an application for admission for assessment or for treatment by the [responsible clinician],[1] by the managers or by the nearest relative of the patient;
(b) where the patient is subject to guardianship, by the [responsible clinician],[1] by the responsible local social services authority or by the nearest relative of the patient.
[(c) where the patient is a community patient, by the responsible clinician, by the managers of the responsible hospital or by the nearest relative of the patient.][1]

[...][2]

(4) The powers conferred by this section on any authority [trust][3] [, board][4] [(other than an NHS foundation trust)][5]" or body of persons may be exercised [subject to subsection (5) below][3] by any three or more members of that authority [trust][3] [, board][4]or body authorised by them in that behalf or by three or more members of a committee or sub-committee of that authority [trust][3] [, board][4]or body which has been authorised by them in that behalf.

[(5) The reference in subsection (4) above to the members of an authority, trust [, board][4] or body or the members of a committee or sub-committee of an authority, trust [, board][4] or body,—

(a) in the case of a [a [[Local Health Board][4] [or Special Health Authority][6] [...][6]][7]][8] or a committee or sub-committee of [a [[Local Health Board][4] [or Special Health Authority][6] [...][6]][7]][8], is a reference only to the chairman of the authority [[...][6] or board][4] and [such members (of the authority [...][6], board, committee or sub-committee],[4] as the case may be) as are not also officers of the authority [[...][6] or board],[4] within the meaning of the [the National Health Service Act 2006 or the National Health Service (Wales) Act 2006][9]; and
(b) in the case of a National Health Service trust or a committee or sub-committee of such a trust, is a reference only to the chairman of the trust and such directors or (in the case of a committee or sub-committee) members as are not also employees of the trust.][3]

[(6) The powers conferred by this section on any NHS foundation trust may be exercised by any three or more [persons authorised by the board of the trust in that behalf each of whom is neither an executive director of the board nor an employee of the trust.][10]][5]

Amendments

  1. ↑ Jump up to: 1.0 1.1 1.2 1.3 1.4 Mental Health Act 2007 s9, s32 & sch 3; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. ↑ Subs (3) and (3A) repealed by Health and Social Care Act 2012 s39 (1/7/12)
  3. ↑ Jump up to: 3.0 3.1 3.2 3.3 3.4 NHS and Community Care Act 1990
  4. ↑ Jump up to: 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 References to Health Authorities Order 2007
  5. ↑ Jump up to: 5.0 5.1 Health and Social Care (Community Health and Standards) Act 2003
  6. ↑ Jump up to: 6.0 6.1 6.2 6.3 6.4 6.5 6.6 Health and Social Care Act 2012 s26; Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013 (1/4/13)
  7. ↑ Jump up to: 7.0 7.1 Health Act 1999 (Supplementary, Consequential, etc Provisions) Order 2000
  8. ↑ Jump up to: 8.0 8.1 Health Authorities Act 1995
  9. ↑ National Health Service (Consequential Provisions) Act 2006 wef 1/3/07
  10. ↑ Mental Health Act 2007 s45; Mental Health Act 2007 (Commencement No. 1) Order 2007 wef 24/7/07

Restricted patients

For restricted patients subsections (1) and (2) is modified by sched 1, Part II, paras 2 and 7.

Unrestricted hospital order patients

For these patients subsection (2) is modified by sched 1, Part I, paras 2 and 8.



Retrieved from "https://www.mentalhealthlaw.co.uk/index.php?title=S23_text&oldid=22887"