MHA 1983 s39A

Mental Health Act 1983
(as amended)

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

Part III contents

35, 36, 37, 38, 39, 39A, 40, 41, 42, 43, 44, 45, 45A, 45B, 46, 47, 48, 49, 50, 51, 52, 53, 54, 54A, 55

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

Overview of the MHA 1983
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Mental Health Act 2007

• This section is not changed by the Mental Health Act 2007.

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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, 19. Guardianship and guardianship orders [Note that the chapter number relates to the old Reference Guide] — paragraph 19.67
• Mental Health Act 1983 Code Of Practice for England, 33. Patients concerned with criminal proceedings

Law

Information to facilitate guardianship orders

39A. Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate—

(a) to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and

(b) if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below;

and that authority shall comply with any such request.

Amendments