SCHEDULES

SCHEDULE 1AF1Persons ineligible to be deprived of liberty by this Act

Annotations:
Amendments (Textual)
F1

Sch. 1A omitted (16.5.2019 for specified purposes) by virtue of Mental Capacity (Amendment) Act 2019 (c. 18), s. 6(3), Sch. 2 para. 2(c)

F1Part 2Interpretation

Hospital treatment regime

8

1

P is subject to the hospital treatment regime if he is subject to—

a

a hospital treatment obligation under the relevant enactment, or

b

an obligation under another England and Wales enactment which has the same effect as a hospital treatment obligation.

2

But where P is subject to any such obligation, he is to be regarded as not subject to the hospital treatment regime during any period when he is subject to the community treatment regime.

3

A hospital treatment obligation is an application, order or direction of a kind listed in the first column of the following table.

4

In relation to a hospital treatment obligation, the relevant enactment is the enactment in the Mental Health Act which is referred to in the corresponding entry in the second column of the following table.

Hospital treatment obligation

Relevant enactment

Application for admission for assessment

Section 2

Application for admission for assessment

Section 4

Application for admission for treatment

Section 3

Order for remand to hospital

Section 35

Order for remand to hospital

Section 36

Hospital order

Section 37

Interim hospital order

Section 38

Order for detention in hospital

Section 44

Hospital direction

Section 45A

Transfer direction

Section 47

Transfer direction

Section 48

Hospital order

Section 51