View source for S75 text

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'''Applications and references concerning conditionally discharged restricted patients'''

75.—(1) Where a restricted patient has been conditionally discharged under section 42(2), 73 or 74 above and is subsequently recalled to hospital—

:(a)	the Secretary of State shall, within one month of the day on which the patient returns or is returned to hospital, refer his case to [the appropriate tribunal];<ref name="TTFO">[[Transfer of Tribunal Functions Order 2008]] wef 3/11/08</ref> and

:(b)	section 70 above shall apply to the patient as if the relevant hospital order[, hospital direction]<ref>[[Crime (Sentences) Act 1997]]</ref> or transfer direction had been made on that day.

(2)	Where a restricted patient has been conditionally discharged as aforesaid but has not been recalled to hospital he may apply to [the appropriate tribunal]—<ref name="TTFO"/>

:(a)	in the period between the expiration of 12 months and the expiration of two years beginning with the date on which he was conditionally discharged; and

:(b)	in any subsequent period of two years.

(3)	Sections 73 and 74 above shall not apply to an application under subsection (2) above but on any such application the tribunal may—

:(a)	vary any condition to which the patient is subject in connection with his discharge or impose any condition which might have been imposed in connection therewith; or

:(b)	direct that the restriction order[, limitation direction]<ref name="MHA">[[Mental Health Act 2007]]; [[Mental Health Act 2007 (Commencement No. 3) Order 2007]] wef 1/10/07</ref> or restriction direction to which he is subject shall cease to have effect;

and if the tribunal [gives]<ref name="TTFO"/> a direction under paragraph (b) above the patient shall cease to be liable to be detained by virtue of the relevant hospital order[, hospital direction]<ref name="MHA"/> or transfer direction.

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