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]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][2]—
- (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];[3] and
- (b) at any other time if so required by the [the regulatory authority].[2]
(2) In relation to a patient who is subject to a restriction order[, limitation direction][4] 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)][4] or 49(3) above.
(3) The [the regulatory authority][2] 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)][2] 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
- ↑ 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
- ↑ Jump up to: 2.0 2.1 2.2 2.3 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
- ↑ Mental Health (Patients in the Community) Act 1995
- ↑ Jump up to: 4.0 4.1 Crime (Sentences) Act 1997
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)][1] 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][2],][1] 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]
- ↑ Jump up to: 1.0 1.1 1.2 1.3 1.4 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
- ↑ s299 Health and Social Care Act 2012
- ↑ Jump up to: 3.0 3.1 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
- ↑ Mental Health (Patients in the Community) Act 1995