Interpretation of Part V
79.—(1) In this Part of this Act "restricted patient" means a patient who is subject to a restriction order[, limitation direction][1] or restriction direction and this Part of this Act shall, subject to the provisions of this section, have effect in relation to any person who—
- [(a) is treated by virtue of any enactment as subject to a hospital order and a restriction order; or][1]
- (b) [...][1]
- [(c) is treated as subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction, by virtue of any provision of Part 6 of this Act (except section 80D(3), 82A(2) or 85A(2) below),][1]
as it has effect in relation to a restricted patient.
(2) Subject to the following provisions of this section, in this Part of this Act "the relevant hospital order"[, "the relevant hospital direction"][1] and "the relevant transfer direction", in relation to a restricted patient, mean the hospital order[, the hospital direction][1] or transfer direction by virtue of which he is liable to be detained in a hospital.
(3) In the case of a person within paragraph (a) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the direction referred to in that paragraph.
(4) In the case of a person within paragraph (b) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in that paragraph.
(5) In the case of a person within paragraph (c) of subsection (1) above, references in this Part of this Act to the relevant hospital order, [the relevant hospital direction,][1] the relevant transfer direction, the restriction order[, the limitation direction][1] or the restriction direction or to a transfer direction under section 48 above shall be construed as references to the hospital order, [hospital direction,][1] transfer direction, restriction order, [limitation direction,][1] restriction direction or transfer direction under that section to which that person is treated as subject by virtue of the provisions mentioned in that paragraph.
[(5A) Section 75 above shall, subject to the modifications in subsection (5C) below, have effect in relation to a qualifying patient as it has effect in relation to a restricted patient who is conditionally discharged under section 42(2), 73 or 74 above.
(5B) A patient is a qualifying patient if he is treated by virtue of section 80D(3), 82A(2) or 85A(2) below as if he had been conditionally discharged and were subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction.
(5C) The modifications mentioned in subsection (5A) above are—
- (a) references to the relevant hospital order, hospital direction or transfer direction, or to the restriction order, limitation direction or restriction direction to which the patient is subject, shall be construed as references to the hospital order, hospital direction or transfer direction, or restriction order, limitation direction or restriction direction, to which the patient is treated as subject by virtue of section 80D(3), 82A(2) or 85A(2) below; and
- (b) the reference to the date on which the patient was conditionally discharged shall be construed as a reference to the date on which he was treated as conditionally discharged by virtue of a provision mentioned in paragraph (a) above.][1]
(6) In this Part of this Act, unless the context otherwise requires, "hospital" means a hospital[, and "the responsible clinician" means the responsible clinician,][1] within the meaning of Part II of this Act.
[(7) In this Part of this Act any reference to the area of a tribunal is—
- (a) in relation to a tribunal for a region of England, a reference to that region; and
- (b) in relation to the tribunal for Wales, a reference to Wales.][1]
Amendments
New law
Once the relevant parts of the Mental Health Act 2007 come into force, the text of this section will be as follows. Section 38(4) MHA 2007, which replaces s79(7) MHA 1983, is not yet in force.
Interpretation of Part V
79.—(1) In this Part of this Act "restricted patient" means a patient who is subject to a restriction order[, limitation direction][1] or restriction direction and this Part of this Act shall, subject to the provisions of this section, have effect in relation to any person who—
- [(a) is treated by virtue of any enactment as subject to a hospital order and a restriction order; or][1]
- (b) [...][1]
- [(c) is treated as subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction, by virtue of any provision of Part 6 of this Act (except section 80D(3), 82A(2) or 85A(2) below),][1]
as it has effect in relation to a restricted patient.
(2) Subject to the following provisions of this section, in this Part of this Act "the relevant hospital order"[, "the relevant hospital direction"][1] and "the relevant transfer direction", in relation to a restricted patient, mean the hospital order[, the hospital direction][1] or transfer direction by virtue of which he is liable to be detained in a hospital.
(3) In the case of a person within paragraph (a) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the direction referred to in that paragraph.
(4) In the case of a person within paragraph (b) of subsection (1) above, references in this Part of this Act to the relevant hospital order or restriction order shall be construed as references to the order under the provisions mentioned in that paragraph.
(5) In the case of a person within paragraph (c) of subsection (1) above, references in this Part of this Act to the relevant hospital order, [the relevant hospital direction,][1] the relevant transfer direction, the restriction order[, the limitation direction][1] or the restriction direction or to a transfer direction under section 48 above shall be construed as references to the hospital order, [hospital direction,][1] transfer direction, restriction order, [limitation direction,][1] restriction direction or transfer direction under that section to which that person is treated as subject by virtue of the provisions mentioned in that paragraph.
[(5A) Section 75 above shall, subject to the modifications in subsection (5C) below, have effect in relation to a qualifying patient as it has effect in relation to a restricted patient who is conditionally discharged under section 42(2), 73 or 74 above.
(5B) A patient is a qualifying patient if he is treated by virtue of section 80D(3), 82A(2) or 85A(2) below as if he had been conditionally discharged and were subject to a hospital order and a restriction order, or to a hospital direction and a limitation direction, or to a transfer direction and a restriction direction.
(5C) The modifications mentioned in subsection (5A) above are—
- (a) references to the relevant hospital order, hospital direction or transfer direction, or to the restriction order, limitation direction or restriction direction to which the patient is subject, shall be construed as references to the hospital order, hospital direction or transfer direction, or restriction order, limitation direction or restriction direction, to which the patient is treated as subject by virtue of section 80D(3), 82A(2) or 85A(2) below; and
- (b) the reference to the date on which the patient was conditionally discharged shall be construed as a reference to the date on which he was treated as conditionally discharged by virtue of a provision mentioned in paragraph (a) above.][1]
(6) In this Part of this Act, unless the context otherwise requires, "hospital" means a hospital[, and "the responsible clinician" means the responsible clinician,][1] within the meaning of Part II of this Act.
[(7) For the purposes of this Part of this Act—
- (a) the area of the Mental Health Review Tribunal for England is England; and
- (b) the area of the Mental Health Review Tribunal for Wales is Wales.][1]
Amendments