SCHEDULES

SCHEDULE 21Minor and consequential amendments

Mental Health Act 1983 (c. 20)

53

The Mental Health Act 1983 is amended in accordance with paragraphs 54 to 60.

54

In section 35 (remand to hospital for report on accused's mental condition), in subsection (6) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.

55

In section 36 (removal of accused person to hospital for treatment), in subsection (5) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.

56

In section 38 (interim hospital orders), in subsection (2) for “counsel or a solicitor and his counsel or solicitor” substitute “ an authorised person who ”.

57

In section 52 (further provisions as to persons remanded by magistrates' courts), in subsection (7)(b) for “counsel or a solicitor” substitute “ an authorised person ”.

58

In section 54 (requirements as to medical evidence), in subsection (3)(a)—

a

for “counsel or a solicitor” substitute “ an authorised person ”, and

b

for “his counsel or solicitor” substitute “ that authorised person ”.

59

In section 55 (interpretation of Part 3), in subsection (1) before the definitions of “child” and “young person” insert—

“authorised person” means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);

60

In section 78 (procedure of Mental Health Review Tribunals), in subsection (7) for “counsel or a solicitor” substitute “ an authorised person (within the meaning of Part 3) ”.