Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
England and Wales
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Schedule 1 to this Act (supplementary provisions about after-care under supervision) shall have effect.
In section 18 of the Mental Health Act 1983 (return of patients absent without leave), for subsection (4) (which provides that a patient may not be taken into custody after the end of the period of 28 days beginning with the first day of his absence without leave) there shall be substituted the following subsection—
For section 21 of that Act (duration of authority for detention and guardianship: special provisions as to patients absent without leave) there shall be substituted the following sections—
In section 22 of that Act (special provisions as to patients sentenced to imprisonment etc.)—
in subsection (2) (detained patient in whose case application for admission for treatment or guardianship application does not cease to have effect), for the words “and 21” there shall be substituted “ , 21 and 21A ”; and
after that subsection there shall be inserted the following subsection—
In section 40 of that Act (effect of hospital orders and guardianship orders), after subsection (5) there shall be inserted the following subsection—
In section 61 of that Act (review of treatment), in subsection (1) (report on treatment and patient’s condition to be given to Secretary of State), in paragraph (a) (report to be given when report furnished under section 20(3)), for the words “in respect of the patient under section 20(3) above” there shall be substituted “ under section 20(3) or 21B(2) above renewing the authority for the detention of the patient ”.
In section 66 of that Act (applications to tribunals)—
in subsection (1) (cases where application may be made), after paragraph (f) there shall be inserted the following paragraphs—; and
in subsection (2) (period within which application may be made), in paragraph (d), after “(d)” there shall be inserted “ , (fb) ” and, in paragraph (f), for the words “of that subsection, the period” there shall be substituted “ or (fa) of that subsection, the period or periods ”.
In section 68 of that Act (duty of managers of hospitals to refer cases to tribunal), in subsection (2) (reference where detention is renewed under section 20 and three years have elapsed since last consideration of case), after “20” there shall be inserted “ or 21B ”.
In Schedule 1 to that Act (application of provisions to patients subject to hospital and guardianship orders), in Part I (patients not subject to special restrictions), in paragraph 1 (provisions applying without modification), for “21,” there shall be substituted “ 21 to 21B, ”.
In section 17 of the Mental Health Act 1983 (leave of absence for patient liable to be detained in a hospital under Part II of that Act), in subsection (5), the words from “; and without prejudice” to the end (which cause a patient on leave of absence to cease to be liable to be so detained six months after the beginning of his absence even though he would not otherwise have by then ceased to be so liable) shall be omitted.
In Schedule 1 to that Act (application of provisions to patients subject to hospital and guardianship orders), in Part II (patients subject to special restrictions), in paragraph 3(c) (modifications of section 17(5)), for the word “six” there shall be substituted “ twelve ”.
Subsections (1) and (2) apply where leave of absence has been granted to a patient before the day on which this section comes into force (as well as where it is granted to a patient after that day).
Scotland
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Supplementary
This Act may be cited as the Mental Health (Patients in the Community) Act 1995.
This Act shall come into force on 1st April 1996.
The provisions of this Act which amend other enactments have the same extent as the enactments which they amend.
After-care under supervision: supplementary
Records
In section 24 of the Mental Health Act 1983 (visiting and examination of patients), in each of subsections (2) and (4) (records) at the end there shall be inserted the words “ or to any after-care services provided for the patient under section 117 below. ”
Regulations
In section 32 of that Act (regulations for purposes of Part II), in subsection (2)(c) (records etc.)—
for the words “the managers of hospitals and local social services authorities” there shall be substituted “ such bodies as may be prescribed by the regulations ”;
for the words “prescribed by the regulations” there shall be substituted “ so prescribed ”; ...
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Wards of court
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Medical officers and supervisors
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Part III patients
In section 41 of that Act (power of higher courts to restrict discharge from hospital of persons subject to hospital order), in subsection (3) (nature of special restrictions), after paragraph (a) there shall be inserted the following paragraph—.
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Mental Health Review Tribunals
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Section 67 of that Act (references to tribunals by Secretary of State) shall be amended in accordance with sub-paragraphs (2) and (3) below.
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In subsection (2) (power of registered medical practitioner to require records), at the end there shall be inserted the words “ or to any after-care services provided for the patient under section 117 below ”.
In section 68 of that Act (duty of managers of hospitals to refer cases to tribunal), in subsection (3) (power of registered medical practitioner to require records), at the end there shall be inserted the words “ or to any after-care services provided for the patient under section 117 below ”.
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In section 76(1) of that Act (visiting and examination of patients)—
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in paragraph (b), at the end there shall be inserted the words “ or to any after-care services provided for the patient under section 117 below. ”
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In Schedule 1 to that Act (application of provisions to patients subject to hospital and guardianship orders), in Part I (patients not subject to special restrictions), in paragraph 9(b) (modifications of section 66(2)), for the words from “shall be omitted” to the end there shall be substituted “ , and in paragraph (d) “, (g)”, shall be omitted. ”
After-care services
Section 117 of that Act (after-care services) shall be amended in accordance with sub-paragraphs (2) to (4) below.
In subsection (1) (persons to whom section 117 applies), after the words “detained and” there shall be inserted “ (whether or not immediately after so ceasing) ”.
In subsection (2) (duty of authorities to provide after-care services), at the end there shall be inserted the words “ ; but they shall not be so satisfied in the case of a patient who is subject to after-care under supervision at any time while he remains so subject. ”
After that subsection there shall be inserted the following subsections—
Code of practice
In section 118 of that Act (code of practice), in subsection (1)(a) (guidance to medical practitioners, social workers etc.), after the word “Act” there shall be inserted “ and to guardianship and after-care under supervision under this Act ”.
Offences
In section 126 of that Act (forgery, false statements etc.), in subsection (3)(b) (subsection (1) to apply to medical recommendations and reports), after the word “medical” there shall be inserted “ or other ”.
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In section 129 of that Act (obstruction), in subsection (1)(b) (refusal to allow visiting, interviewing or examination by a person authorised by or under the Act), after the word “Act” there shall be inserted “ or to give access to any person to a person so authorised ”.
Interpretation
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Community care orders: supplementary
Mental Welfare Commission
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After-care services
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Part VI patients
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Offences
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Duty to inform nearest relative
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Code of practice
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Interpretation
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