MHA 1983 s61

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

• Additional safeguards for ECT introduced in new s58A 3/11/08
• Treatment while under SCT is covered by new Part 4A 3/11/08
• Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 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], 17. Medical treatment of Supervised Community Treatment patients (Part 4A) [Note that the chapter number relates to the old Reference Guide] — paragraphs 16.62 to 16.67, and 17.50 and 17.51
• Mental Health Act 1983 Code Of Practice for England, 23. Medical treatment under the Act, 24. Treatments subject to special rules and procedures

Law

Review of treatment

61.—(1) Where a patient is given treatment in accordance with section 57(2)[, 58(3)(b) or 58A(4) or (5)] above[, or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section),] [that falls within section 64C(4) below] a report on the treatment and the patient’s condition shall be given [by the approved clinician in charge of the treatment] to the [the regulatory authority]—

(a) on the next occasion on which the [responsible clinician] furnishes a report [under section 20(3) [, 20A(4) or 21B(2) above in respect] of the patient]; and

(b) at any other time if so required by the [the regulatory authority].

(2) In relation to a patient who is subject to a restriction order[, limitation direction] or restriction direction subsection (1) above shall have effect as if paragraph (a) required the report to be made—

(a) in the case of treatment in the period of six months beginning with the date of the order or direction, at the end of that period;

(b) in the case of treatment at any subsequent time, on the next occasion on which the [responsible clinician] makes a report in respect of the patient under section 41(6)[, 45B(3)] or 49(3) above.

(3) The [the regulatory authority] may at any time give notice [...] directing that, subject to section 62 below, a certificate given in respect of a patient under section. 57(2)[, 58(3)(b) or 58A(4) or (5)] above shall not apply to treatment given to him [(whether in England or Wales)] after a date specified in the notice and sections 57[, 58 and 58A] above shall then apply to any such treatment as if that certificate had not been given.

[(3A) The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment.]

Amendments