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SCHEDULE 3 continued
(2) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.
(3) The managers of the responsible hospital shall, except where the community patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsection (1) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.”
31 In section 133 (duty of managers of hospitals to inform nearest relatives of discharge), after subsection (1) insert—
“(1A) The reference in subsection (1) above to a patient who is to be discharged includes a patient who is to be discharged from hospital under section 17A above.
(1B) Subsection (1) above shall also apply in a case where a community patient is discharged under section 23 or 72 above (otherwise than by virtue of an order for discharge made by his nearest relative), but with the reference in that subsection to the managers of the hospital or registered establishment being read as a reference to the managers of the responsible hospital.”
32 In section 138 (retaking of patients escaping from custody), in subsection (1)(b) after “under this Act,” insert “or a community patient who was recalled to hospital under section 17E above,”.
33 In section 141 (Members of Parliament suffering from mental disorder), after subsection (6B) (inserted by Schedule 1 to this Act) insert—
“(6C) References in this section to a member who is authorised to be detained shall not include a member who is a community patient (whether or not he is recalled to hospital under section 17E above).”
34 (1) Section 145 (interpretation) is amended as follows.
(2) In subsection (1), in the definition of “absent without leave”, after “related expressions” insert “(including expressions relating to a patient’s liability to be returned to a hospital or other place)”.
(3) In that subsection, at the appropriate places insert—
““community patient” has the meaning given in section 17A above;”
““community treatment order” and “the community treatment order” have the meanings given in section 17A above;”
““the community treatment period” has the meaning given in section 20A above;”
““the responsible hospital” has the meaning given in section 17A above;”.
(4) In subsection (3), after “guardianship” insert “or a community patient”.
35 (1) In section 146 (application to Scotland), omit the words from “128” to “guardianship)”.
(2) This paragraph does not extend to Scotland.
36 (1) In Schedule 1 (application of certain provisions to patients subject to hospital and guardianship orders), Part 1 (patients not subject to special restrictions) is amended as follows.
(2) In paragraph 1, after “17” insert “to 17C, 17E, 17F, 20A”.
(3) In paragraph 2—
(a) for “18, 19, 20” substitute “17D, 17G, 18 to 20, 20B”, and
(b) for “paragraphs 3” substitute “paragraphs 2A”.
(4) After paragraph 2 insert—
“2A In section 17D(2)(a) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below.
2B In section 17G—
(a) in subsection (2) for the reference to section 6(2) above there shall be substituted a reference to section 40(1)(b) below;
(b) in subsection (4) for paragraphs (a) and (b) there shall be substituted the words “the order or direction under Part 3 of this Act in respect of him were an order or direction for his admission or removal to that other hospital”; and
(c) in subsection (5) for the words from “the patient” to the end there shall be substituted the words “the date of the relevant order or direction under Part 3 of this Act were the date on which the community treatment order is revoked”.”
(5) After paragraph 5 insert—
“5A In section 19A(2), paragraph (b) shall be omitted.”
(6) After paragraph 6 insert—
“6A In section 20B(1), for the reference to the application for admission for treatment there shall be substituted a reference to the order or direction under Part 3 of this Act by virtue of which the patient is liable to be detained.”
(7) In paragraph 8(b), for “and (b)” substitute “to (c)”.
37 (1) Part 2 of that Schedule (patients subject to special restrictions) is amended as follows.
(2) In paragraph 2, for “17 to 19” substitute “17, 18, 19”.
(3) For paragraph 6 substitute—
“6 In section 22, subsections (1) and (5) shall not apply.”
Mental Health Act 2007