MHA 1983 s119
Change made by Mental Health Act 2007
Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.
[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, 35. Code of Practice, Mental Health Act Commission and general protection of patients [Note that the chapter number relates to the old Reference Guide] — paragraphs 35.20 to 35.21
Practitioners approved for Part IV and section 118
119.—(1) [The regulatory authority] may make such provision as [it] may with the approval of the Treasury determine for the payment of remuneration, allowances, pensions or gratuities to or in respect of registered medical practitioners appointed [by the authority] for the purposes of Part IV of this Act and section 118 above and to or in respect of other persons appointed for the purposes of section 57(2)(a) above.
(2) A registered medical practitioner or other person appointed [...] for the purposes of the provisions mentioned in subsection (1) above may, for the purpose of exercising his functions under those provisions [or under Part 4A of this Act], at any reasonable time—
- (a) visit and interview and, in the case of a registered medical practitioner, examine in private any patient detained [in a hospital or registered establishment or any community patient in a hospital or [regulated establishment (other than a hospital)] or (if access is granted) other place]; and
- (b) require the production of and inspect any records relating to the treatment of the patient [there].
[(3) In this section “regulated establishment” means—
- (a) an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000; or
- (b) premises used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, in respect of which a person is registered under Chapter 2 of that Part.]
- 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
- Mental Health Act 2007 s35; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
- Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010/813 art 5(4), wef 1/10/10