View source for S64H text

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'''Certificates: supplementary provisions'''

[64H.—(1)  A certificate under section 64B(2)(b) or 64E(2)(b) above (a "Part 4A certificate") may relate to a plan of treatment under which the patient is to be given (whether within a specified period or otherwise) one or more forms of section 58 type treatment or section 58A type treatment.

(2)  A Part 4A certificate shall be in such form as may be prescribed by regulations made by the appropriate national authority[; and the regulations may make different provision for the different descriptions of Part 4A certificate].<ref name="HSC12">[[Health and Social Care Act 2012]] s299; [[Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012]] (1/6/12)</ref>

(3)   Before giving a Part 4A certificate [that falls within section 64C(4) above],<ref name="HSC12"/> the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient's medical treatment but, of those persons—

:(a)    at least one shall be a person who is not a registered medical practitioner; and

:(b)    neither shall be the patient's responsible clinician or the person in charge of the treatment in question.

(4)   Where a patient is given treatment in accordance with a Part 4A certificate [that falls within section 64C(4) above],<ref name="HSC12"/> a report on the treatment and the patient's condition shall be given by the person in charge of the treatment to the [regulatory authority]<ref name="HSCA">[[Health and Social Care Act 2008]] sch 3; [[Health and Social Care Act 2008 (Commencement No 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009]] wef 1/4/09</ref> if required by that authority.

(5)   The [regulatory authority]<ref name="HSCA"/> may at any time give notice directing that a Part 4A certificate  [that falls within section 64C(4) above]<ref name="HSC12"/> shall not apply to treatment given to a patient after a date specified in the notice, and the relevant section shall then apply to any such treatment as if that certificate had not been given.

(6)   The relevant section is—

:(a)    if the patient is not recalled to hospital in accordance with section 17E above, section 64B or 64E above;

:(b)    if the patient is so recalled or is liable to be detained under this Act following revocation of the community treatment order under section 17F above—

::(i)  section 58 above, in the case of section 58 type treatment;

::(ii)  section 58A above, in the case of section 58A type treatment;

:(subject to section 62A(2) above).

(7)   The notice under subsection (5) above shall be given to the person in charge of the treatment in question.

(8)   Subsection (5) above shall not preclude the continuation of any treatment or of treatment under any plan pending compliance with the relevant section if the person in charge of the treatment considers that the discontinuance of the treatment or of treatment under the plan would cause serious suffering to the patient.

(9)   In this section, "the appropriate national authority" means—

:(a)    in relation to community patients in respect of whom the responsible hospital is in England, the Secretary of State;

:(b)    in relation to community patients in respect of whom the responsible hospital is in Wales, the Welsh Ministers.]<ref name="MHA">[[Mental Health Act 2007]] s35; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08. Note that for the purpose only of making regulations s64H came into force on 1/4/08: [[Mental Health Act 2007 (Commencement No. 4) Order 2008]]. That Order also brought s35 into force generally insofar as it inserted the definition of “appropriate national authority” in subsection (9).</ref>

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