View source for S34 text

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'''Interpretation of Part II'''

34.—(1) In this Part of this Act— 

:["the appropriate practitioner" means—

::(a)   in the case of a patient who is subject to the guardianship of a person other than a local social services authority, the nominated medical attendant of the patient; and

::(b)   in any other case, the responsible clinician;]<ref name="MHA">[[Mental Health Act 2007]] s9, s55 & sch 11; [[Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008]] and [[Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008]] respectively, wef 3/11/08</ref>

:[...]<ref name="MHA"/>

:"the nominated medical attendant", in relation to a patient who is subject to the guardianship of a person other than a local social services authority, means the person appointed in pursuance of regulations made under section 9(2) above to act as the medical attendant of the patient;

:["registered establishment" means an establishment which would not, apart from subsection (2) below, be a hospital for the purposes of this Part and which—

::(a) in England, is a hospital as defined by section 275 of the National Health Service Act 2006 that is used for the carrying on of a regulated activity, within the meaning of Part 1 of the Health and Social Care Act 2008, which relates to the assessment or medical treatment of mental disorder and in respect of which a person is registered under Chapter 2 of that Part; and

::(b) in Wales, is an establishment in respect of which a person is registered under Part 2 of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act;]<ref name="HSC2">[[Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010]] art 5(2), wef 1/10/10 (text substituted)</ref>

:["the responsible clinician" means—

::(a) in relation to a patient liable to be detained by virtue of an application for admission for assessment or an application for admission for treatment, or a community patient, the approved clinician with overall responsibility for the patient's case;

:: (b)  in relation to a patient subject to guardianship, the approved clinician authorised by the responsible local social services authority to act (either generally or in any particular case or for any particular purpose) as the responsible clinician;]<ref name="MHA"/>

:[...]<ref name="MHA"/>

(1A) [...]<ref name="MHA"/>

(2) Except where otherwise expressly provided, this Part of this Act applies in relation to [a registered establishment],<ref name="CSA">[[Care Standards Act 2000]]</ref> as it applies in relation to a hospital, and references in this Part of this Act to a hospital, and any reference in this Act to a hospital to which this Part of this Act applies, shall be construed accordingly.

(3) In relation to a patient who is subject to guardianship in pursuance of a guardianship application, any reference in this Part of this Act to the responsible local social services authority is a reference—

:(a) where the patient is subject to the guardianship of a local social services authority, to that authority;

:(b) where the patient is subject to the guardianship of a person other than a local social services authority, to the local social services authority for the area in which that person resides.

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