MHA 1983 s76
Changes made by Mental Health Act 2007
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
- Supervised Community Treatment replaces Supervised Discharge 3/11/08
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, 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] should be made by or in respect of a patient who is liable to be detained or subject to guardianship [...] under Part II of this Act [or a community patient,] 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] 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].
(2) Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.
- Transfer of Tribunal Functions Order 2008 wef 3/11/08
- Mental Health Act 2007 s13, s32 & sch 3, s55 & sch 11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
- Mental Health (Patients in the Community) Act 1995
Transfers from Scotland: See the Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996.