Mental Health Act 2025
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Change 1
30 Periods for tribunal applications
(1) In section 66 of the Mental Health Act 1983 (applications to tribunals), in subsection (2)— (a) in paragraph (a), for “14 days” substitute “21 days”; (b) in paragraph (b), for “six months” substitute “three months”; (c) in paragraph (e), for “six months” substitute “three months”. (2) In section 75 of the Mental Health Act 1983 (applications and references concerning conditionally discharged restricted patients)— (a) in subsection (1), after “above” insert “(“conditionally discharged”)”; (b) in subsection (2)— (i) in the words before paragraph (a), for “as aforesaid but” substitute “, is not subject to conditions amounting to a deprivation of liberty and”; (ii) in paragraph (a), for the words from “beginning” to “discharged”, substitute beginning— (i) in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions, and (ii) in any other case, with the date on which the patient was conditionally discharged ; (c) after subsection (2) insert— (2A) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the patient may apply to the appropriate tribunal— (a) in the period between the expiration of six months and the expiration of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and (b) in any subsequent period of two years.
30 Periods for tribunal applications
(1) In section 66 of the Mental Health Act 1983 (applications to tribunals), in subsection (2)— (a) in paragraph (a), for “14 days” substitute “21 days”; (b) in paragraph (b), for “six months” substitute “three months”; (c) in paragraph (e), for “six months” substitute “three months”. (2) In section 75 of the Mental Health Act 1983 (applications and references concerning conditionally discharged restricted patients)— (a) in subsection (1), after “above” insert “(“conditionally discharged”)”; (b) in subsection (2)— (i) in the words before paragraph (a), for “as aforesaid but” substitute “, is not subject to conditions amounting to a deprivation of liberty and”; (ii) in paragraph (a), for the words from “beginning” to “discharged”, substitute beginning— (i) in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions, and (ii) in any other case, with the date on which the patient was conditionally discharged ; (c) after subsection (2) insert— (2A) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the patient may apply to the appropriate tribunal— (a) in the period between the expiration of six months and the expiration of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and (b) in any subsequent period of two years.
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