5.—(1) Subject to sub-paragraph (2), the assessment of, or medical treatment (other than surgical procedures) for, a mental disorder affecting a person in a hospital where that person is—
(a)detained in that hospital pursuant to the provisions of the 1983 Act (with the exception of section 135 or 136),
(b)recalled to that hospital under section 17E of that Act M1, or
(c)detained in that hospital pursuant to an order or direction made under another enactment, where that detention takes effect as if the order or direction were made pursuant to the provisions of the 1983 Act.
(2) Sub-paragraph (1) does not apply to the assessment or treatment by a registered medical practitioner appointed for the purposes of Part 4 of the 1983 Act in giving a certificate under sections 57 (treatment requiring consent and a second opinion), 58 (treatment requiring consent or a second opinion) or 58A (electro-convulsive therapy, etc) of that Act.
(3) In this paragraph—
“hospital” means a hospital within the meaning of Part 2 of the 1983 Act;
“medical treatment” has the same meaning as in section 145 (interpretation) of that Act;
“mental disorder” has the same meaning as in section 1 of that Act.
Marginal Citations
M1Section 17E was inserted into the Mental Health Act 1983 (c. 20) by section 32(1) and (2) of the Mental Health Act 2007 (c. 12).