Mental Health Act 2007

Applications and references to Mental Health Review Tribunal

18 (1) Section 66 (applications to tribunals) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (c) insert—

“(ca) a community treatment order is made in respect of a patient; or

(cb) a community treatment order is revoked under section 17F above in respect of a patient; or”,

(b) in paragraph (f), after “discharged” insert “under section 23 above”,

(c) after that paragraph insert—

“(fza) a report is furnished under section 20A above in respect of a patient and the patient is not discharged under section 23 above; or”,

(d) after paragraph (fa) insert—

“(faa) a report is furnished under subsection (2) of section 21B above in respect of a community patient and subsection (6A) of that section applies (or subsections (6A) and (6B)(b) of that section apply) in the case of the report; or”,

(e) in paragraph (g), after “treatment” insert “or a community patient”, and

(f) in paragraph (h), after “this Act” insert “or who is a community patient”.

(3) In subsection (2)—

(a) after paragraph (c) insert—

“(ca) in the case mentioned in paragraph (ca) of that subsection, six months beginning with the day on which the community treatment order is made;

(cb) in the case mentioned in paragraph (cb) of that subsection, six months beginning with the day on which the community treatment order is revoked;”, and

(b) after paragraph (f) insert—

“(fza) in the cases mentioned in paragraphs (fza) and (faa) of that subsection, the period or periods for which the community treatment period is extended by virtue of the report;”.

(4) After subsection (2) insert—

“(2A) Nothing in subsection (1)(b) above entitles a community patient to make an application by virtue of that provision even if he is admitted to a hospital on being recalled there under section 17E above.”