Eligibility periods

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One application may be made to the MHRT in each eligibility period. These periods vary from section to section.


Section/event Applicant Eligibility period(s) Authority
s2 Patient Application may only be made during the first 14 days' detention s66(1)(a) and (2)(a)
s3 Patient One application during first six-month period; once during subsequent six-month period; once during each annual period thereafter s66(1)(b) and (2)(b)
s37 Patient No application during first six-month period; otherwise as for s3 s69(1)(a)
s37/41 Patient As for s37 s70
Notional s37 Patient As for s3 s69(2) (first six-month period), s69(1)(a)
s47/49 Patient As for s3 s69(2)(b) (first six-month period), s70


This is in addition to the right to make periodic applications to the hospital managers and the right of the nearest relative to 'order' discharge under s23.