Made | 18th November 2001 | ||
Laid before Parliament | 19th November 2001 | ||
Coming into force | 26th November 2001 |
(b) the tribunal shall direct the discharge of a patient liable to be detained otherwise than under section 2 above if they are not satisfied -
Amendment of section 73 of the Act
4.
In section 73 of the Act (power to discharge restricted patients) for subsections (1) and (2) there shall be substituted -
In order to remove the incompatibility, the Order amends sections 72(1) and 73(1) of the 1983 Act to provide that a Mental Health Review Tribunal shall direct the discharge of a patient if they are not satisfied that the criteria justifying his detention in hospital for treatment continue to exist. The Order also makes a consequential amendment to subsection (2) of section 73 of the 1983 Act.
The Order will come into force on 26th November 2001 pursuant to the "urgent" procedure prescribed in paragraph 4 of Schedule 2 to the Human Rights Act 1998. The Order will cease to have effect if, at the end of the period of 120 days beginning with the day on which the Order was made, a resolution has not been passed by each House of Parliament approving the Order.
[2] By the Court of Appeal in the case of The Queen on the application of H v Mental Health Review Tribunal North & East London Region (Secretary of State for Health Intervening) 2001 EWCA Civ 415.back
[4] See section 1(1) of the Human Rights Act 1998 for the definition of "Convention right" and section 21(1) of that Act for the definition of "Convention".back
[5] See section 21(1) of the Human Rights Act 1998 for the definition of a "remedial order".back
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