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S61 text: Difference between revisions

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'''Review of treatment'''
'''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)]<ref name="MHA">[[Mental Health Act 2007]] s12, s28, s34, s55 & sch 11; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> above[, or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section),]<ref name="MHA"/>a report on the treatment and the patient’s condition shall be given [by the approved clinician in charge of the treatment]<ref name="MHA"/> to the [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>—
61.—(1) Where a patient is given treatment in accordance with section 57(2)[, 58(3)(b) or 58A(4) or (5)]<ref name="MHA">[[Mental Health Act 2007]] s12, s28, s34, s55 & sch 11; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> above[, or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section),]<ref name="MHA"/> [that falls within section 64C(4) below]<ref>[[Health and Social Care Act 2012]] s299(7); [[Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013]] (1/6/12)</ref> a report on the treatment and the patient’s condition shall be given [by the approved clinician in charge of the treatment]<ref name="MHA"/> to the [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>—


:(a) on the next occasion on which the [responsible clinician]<ref name="MHA"/> furnishes a report '''['''under section 20(3) [, 20A(4) or 21B(2) above in respect]<ref name="MHA"/> of the patient''']''';<ref>[[Mental Health (Patients in the Community) Act 1995]]</ref> and
:(a) on the next occasion on which the [responsible clinician]<ref name="MHA"/> furnishes a report '''['''under section 20(3) [, 20A(4) or 21B(2) above in respect]<ref name="MHA"/> of the patient''']''';<ref>[[Mental Health (Patients in the Community) Act 1995]]</ref> and
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'''Prospective amendment'''
The following change will be made by s299 [[Health and Social Care Act 2012]] when it comes into force:
(1) Where a patient is given treatment in accordance with section 57(2)[, 58(3)(b) or 58A(4) or (5)]<ref name="MHA">[[Mental Health Act 2007]] s12, s28, s34, s55 & sch 11; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> 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]<ref name="HSC12">s299 [[Health and Social Care Act 2012]]</ref>,''']'''<ref name="MHA"/> a report on the treatment and the patient’s condition shall be given [by the approved clinician in charge of the treatment]<ref name="MHA"/> to the [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>—
:(a) on the next occasion on which the [responsible clinician]<ref name="MHA"/> furnishes a report '''['''under section 20(3) [, 20A(4) or 21B(2) above in respect]<ref name="MHA"/> of the patient''']''';<ref>[[Mental Health (Patients in the Community) Act 1995]]</ref> and
:(b) at any other time if so required by the [the regulatory authority].<ref name="HSCA"/>
<references/>
<references/>
</div>
</div>
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Revision as of 19:06, 11 May 2013

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

(a) on the next occasion on which the [responsible clinician][1] furnishes a report [under section 20(3) [, 20A(4) or 21B(2) above in respect][1] of the patient];[4] and
(b) at any other time if so required by the [the regulatory authority].[3]

(2) In relation to a patient who is subject to a restriction order[, limitation direction][5] 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][1] makes a report in respect of the patient under section 41(6)[, 45B(3)][5] or 49(3) above.

(3) The [the regulatory authority][3] may at any time give notice [...][1] 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)][1] above shall not apply to treatment given to him [(whether in England or Wales)][3] after a date specified in the notice and sections 57[, 58 and 58A][1] 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.][1]

Amendments

  1. ↑ Jump up to: 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 Mental Health Act 2007 s12, s28, s34, s55 & sch 11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. ↑ Health and Social Care Act 2012 s299(7); Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013 (1/6/12)
  3. ↑ Jump up to: 3.0 3.1 3.2 3.3 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
  4. ↑ Mental Health (Patients in the Community) Act 1995
  5. ↑ Jump up to: 5.0 5.1 Crime (Sentences) Act 1997
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