MHA 1983 s64

Mental Health Act 1983
(as amended)

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

Part IV contents

56, 57, 58, 58A, 59, 60, 61, 62, 62A, 63, 64

All Parts

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

Overview of the MHA 1983
Plain text for printing
Legislation.gov.uk

For details, see Compulsory treatment.

Changes made by Mental Health Act 2007

• Appropriate treatment test replaces treatability test and applies to all patients under long-term detention 3/11/08
• Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
• Additional safeguards for ECT introduced in new s58A 3/11/08

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.]

• Reference Guide to the Mental Health Act 1983, 16. Medical treatment for patients in hospital, etc (Part 4) [Note that the chapter number relates to the old Reference Guide] — chapter 16 generally, especially paragraphs 16.9 and 16.23
• Mental Health Act 1983 Code Of Practice for England, 23. Medical treatment under the Act

Law

Supplementary provisions for Part IV

64.—(1) In this Part of this Act ["the responsible clinician" means the approved clinician with overall responsibility for the case] of the patient in question and "hospital" includes a [registered establishment].

[(1A) References in this Part of this Act to the approved clinician in charge of a patient's treatment shall, where the treatment in question is a form of treatment to which section 57 above applies, be construed as references to the person in charge of the treatment.]

[(1B) References in this Part of this Act to the approved clinician in charge of a patient's treatment shall, where the treatment in question is a form of treatment to which section 58A above applies and the patient falls within section 56(5) above, be construed as references to the person in charge of the treatment.

(1C) Regulations made by virtue of section 32(2)(d) above apply for the purposes of this Part as they apply for the purposes of Part 2 of this Act.]

(2) Any certificate for the purposes of this Part of this Act shall be in such form as may be prescribed by regulations made by the Secretary of State.

[(3) For the purposes of this Part of this Act, it is appropriate for treatment to be given to a patient if the treatment is appropriate in his case, taking into account the nature and degree of the mental disorder from which he is suffering and all other circumstances of his case.]

Amendments