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MHA 1983 s130C

Mental Health Act 1983
(as amended)

Law as at 19/11/11 unless otherwise stated under "Amendments" heading

Part X contents

130A, 130B, 130C, 130D, 130E, 130F, 130G, 130H, 130I, 130J, 130K, 130L, 131, 131A, 132, 132A, 133, 134, 135, 136, 136A, 136B, 136C, 137, 138, 139, 140, 141, 142, 142A, 142B, 143, 144, 145, 146, 147, 148, 149

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Change made by Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Section 130A: supplemental

England Wales
[130C.][1]—(1) This section applies for the purposes of section 130A above.
(2) A patient is a qualifying patient if he —
(a) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below);
(b) subject to guardianship under this Act; or
(c) a community patient.
 [(2) A patient is a qualifying patient if he is–
(a) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England;
(b) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in England;
(c) a community patient and the responsible hospital is situated in England.][2]
(3) A patient is also a qualifying patient if — (3) A patient is also a qualifying patient if [the patient is to be regarded as being in England for the purposes of this subsection and][2]—
(a) not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 57 above applies; or
(b) not having attained the age of 18 years and not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 58A above applies.
[(3A) For the purposes of subsection (3), a patient is to be regarded as being in England if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130I(4), and published, by the Secretary of State and the Welsh Ministers.][2]
(4) Where a patient who is a qualifying patient falling within subsection (3) above is informed that the treatment concerned is proposed in his case, he remains a qualifying patient falling within that subsection until—
(a) the proposal is withdrawn; or
(b) the treatment is completed or discontinued.
[(5) References to the appropriate national authority are—
(a) in relation to a qualifying patient in England, to the Secretary of State;
(b) in relation to a qualifying patient in Wales, to the Welsh Ministers.][3]
 (5) [...][4]
(6) For the purposes of subsection (5) above—
(a) a qualifying patient falling within subsection (2)(a) above is to be regarded as being in the territory in which the hospital or registered establishment in which he is liable to be detained is situated;
(b) a qualifying patient falling within subsection (2)(b) above is to be regarded as being in the territory in which the area of the responsible local social services authority within the meaning of section 34(3) above is situated;
(c) a qualifying patient falling within subsection (2)(c) above is to be regarded as being in the territory in which the responsible hospital is situated;
(d) a qualifying patient falling within subsection (3) above is to be regarded as being in the territory determined in accordance with arrangements made for the purposes of this paragraph, and published, by the Secretary of State and the Welsh Ministers.
 (6) [...][4]

Amendments

  1. ↑ Section inserted by Mental Health Act 2007 s30; in force 3/11/08 in Wales (Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008); in force 1/4/09 in England (Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009)
  2. ↑ 2.0 2.1 2.2 WALES ONLY. Mental Health (Wales) Measure 2010 sch 1 para 4; (in force 3/1/12 'except in so far as it relates to Welsh qualifying informal patients' (Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011 art 2(k); in force 2/4/12 'in so far as not already commenced' (same Order, art 3 (j)); subject to the transitional provision that 'where a qualifying patient in Wales is receiving help under arrangements made under section 130A, [f]rom 3/1/12 the help is to be treated as if it had been given under arrangements made under section 130E' (same Order, art 5)
  3. ↑ This subsection was brought into force early: Mental Health Act 2007 s30; Mental Health Act 2007 (Commencement No. 4) Order 2008 wef 1/4/08
  4. ↑ 4.0 4.1 WALES ONLY: repeal of subsections (5) and (6). Mental Health (Wales) Measure 2010 sch 1 para 4; (in force 3/1/12 'except in so far as it relates to Welsh qualifying informal patients' (Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011 art 2(l); in force 2/4/12 'in so far as not already commenced' (same Order, art 3(k)); subject to the transitional provision that 'where a qualifying patient in Wales is receiving help under arrangements made under section 130A, [f]rom 3/1/12 the help is to be treated as if it had been given under arrangements made under section 130E' (same Order, art 5)
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