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S69 text: Difference between revisions

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69.—(1) Without prejudice to any provision of section 66(1) above as applied by section 40(4) above, an application to a Mental Health Review Tribunal may also be made—
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'''Applications to tribunals concerning patients subject to hospital and guardianship orders'''


:(a) in respect of a patient admitted to a hospital in pursuance of a hospital order, by the nearest relative of the patient in the period between the expiration of six months and the expiration of 12 months beginning with the date of the order and in any subsequent period of 12 months; and
69.—(1) Without prejudice to any provision of section 66(1) above as applied by section 40(4) above, an application to [the appropriate tribunal]<ref name="TTFO">[[Transfer of Tribunal Functions Order 2008]] wef 3/11/08</ref> may also be made—
 
:[(a)   in respect of a patient liable to be detained in pursuance of a hospital order or a community patient who was so liable immediately before he became a community patient, by the nearest relative of the patient in any period in which an application may be made by the patient under any such provision as so applied;]<ref name="MHA">[[Mental Health Act 2007]] s32 & sch 3; [[Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref>


:(b) in respect of a patient placed under guardianship by a guardianship order—
:(b) in respect of a patient placed under guardianship by a guardianship order—
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(2) Where a person detained in a hospital—
(2) Where a person detained in a hospital—


:(a) is treated as subject to a hospital order or transfer direction by virtue of section 41(5) above, 82(2) or 85(2) below, section 73(2) of the Mental Health (Scotland) Act 1960 or section 5(1) of the Criminal Procedure (Insanity) Act 1964; or
:(a) is treated as subject to a hospital order[, hospital direction]<ref name="MHA3">[[Mental Health Act 2007]] s 39 & sch 5; [[Mental Health Act 2007 (Commencement No. 3) Order 2007]] wef 1/10/07</ref> or transfer direction by virtue of section 41(5) above [or section 80B(2), 82(2) or 85(2) below]<ref name="MHA"/>; or<!--"; or" should really be deleted -->
 
:(b) is subject to a direction having the same effect as a hospital order by virtue of section [...]<ref name="MHA"/> 47(3) or 48(3) above,
 
then, without prejudice to any provision of Part II of this Act as applied by section 40 above, that person may make an application to [the appropriate tribunal]<ref name="TTFO"/> in the period of six months beginning with the date of the order or direction mentioned in paragraph (a) above or, as the case may be, the date of the direction mentioned in paragraph (b) above.
 
[(3)   The provisions of section 66 above as applied by section 40(4) above are subject to subsection (4) below.
 
(4)  If the initial detention period has not elapsed when the relevant application period begins, the right of a hospital order patient to make an application by virtue of paragraph (ca) or (cb) of section 66(1) above shall be exercisable only during whatever remains of the relevant application period after the initial detention period has elapsed.
 
(5)  In subsection (4) above—
 
:(a)    "hospital order patient" means a patient who is subject to a hospital order, excluding a patient of a kind mentioned in paragraph (a) or (b) of subsection (2) above;


:(b) is subject to a direction having the same effect as a hospital order by virtue of section 46(3), 47(3) or 48(3) above,
:(b)   "the initial detention period", in relation to a hospital order patient, means the period of six months beginning with the date of the hospital order; and


then, without prejudice to any provision of Part II of this Act as applied by section 40 above, that person may make an application to a Mental Health Review Tribunal in the period of six months beginning with the date of the order or direction mentioned in paragraph (a) above or, as the case may be, the date of the direction mentioned in paragraph (b) above.
:(c)  "the relevant application period" means the relevant period mentioned in paragraph (ca) or (cb), as the case may be, of section 66(2) above.]<ref name="MHA"/>


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Latest revision as of 22:48, 5 August 2015

Applications to tribunals concerning patients subject to hospital and guardianship orders

69.—(1) Without prejudice to any provision of section 66(1) above as applied by section 40(4) above, an application to [the appropriate tribunal][1] may also be made—

[(a) in respect of a patient liable to be detained in pursuance of a hospital order or a community patient who was so liable immediately before he became a community patient, by the nearest relative of the patient in any period in which an application may be made by the patient under any such provision as so applied;][2]
(b) in respect of a patient placed under guardianship by a guardianship order—
(i) by the patient, within the period of six months beginning with the date of the order;
(ii) by the nearest relative of the patient, within the period of 12 months beginning with the date of the order and in any subsequent period of 12 months.

(2) Where a person detained in a hospital—

(a) is treated as subject to a hospital order[, hospital direction][3] or transfer direction by virtue of section 41(5) above [or section 80B(2), 82(2) or 85(2) below][2]; or
(b) is subject to a direction having the same effect as a hospital order by virtue of section [...][2] 47(3) or 48(3) above,

then, without prejudice to any provision of Part II of this Act as applied by section 40 above, that person may make an application to [the appropriate tribunal][1] in the period of six months beginning with the date of the order or direction mentioned in paragraph (a) above or, as the case may be, the date of the direction mentioned in paragraph (b) above.

[(3) The provisions of section 66 above as applied by section 40(4) above are subject to subsection (4) below.

(4) If the initial detention period has not elapsed when the relevant application period begins, the right of a hospital order patient to make an application by virtue of paragraph (ca) or (cb) of section 66(1) above shall be exercisable only during whatever remains of the relevant application period after the initial detention period has elapsed.

(5) In subsection (4) above—

(a) "hospital order patient" means a patient who is subject to a hospital order, excluding a patient of a kind mentioned in paragraph (a) or (b) of subsection (2) above;
(b) "the initial detention period", in relation to a hospital order patient, means the period of six months beginning with the date of the hospital order; and
(c) "the relevant application period" means the relevant period mentioned in paragraph (ca) or (cb), as the case may be, of section 66(2) above.][2]

Amendments

  1. ↑ Jump up to: 1.0 1.1 Transfer of Tribunal Functions Order 2008 wef 3/11/08
  2. ↑ Jump up to: 2.0 2.1 2.2 2.3 Mental Health Act 2007 s32 & sch 3; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  3. ↑ Mental Health Act 2007 s 39 & sch 5; Mental Health Act 2007 (Commencement No. 3) Order 2007 wef 1/10/07
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