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Paragraph 8 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

P is subject to the hospital treatment regime if he is subject to—

(a)

a hospital treatment obligation under the relevant enactment, or

(b)

an obligation under another England and Wales enactment which has the same effect as a hospital treatment obligation.

(2)

But where P is subject to any such obligation, he is to be regarded as not subject to the hospital treatment regime during any period when he is subject to the community treatment regime.

(3)

A hospital treatment obligation is an application, order or direction of a kind listed in the first column of the following table.

(4)

In relation to a hospital treatment obligation, the relevant enactment is the enactment in the Mental Health Act which is referred to in the corresponding entry in the second column of the following table.

Hospital treatment obligationRelevant enactment
Application for admission for assessmentSection 2
Application for admission for assessmentSection 4
Application for admission for treatmentSection 3
Order for remand to hospitalSection 35
Order for remand to hospitalSection 36
Hospital orderSection 37
Interim hospital orderSection 38
Order for detention in hospitalSection 44
Hospital directionSection 45A
Transfer directionSection 47
Transfer directionSection 48
Hospital orderSection 51

Annotations

Textual amendments

F1

Sch. 1A inserted (1.4.2009) by Mental Health Act 2007 (c. 12), ss. 50, 56, Sch. 8 (with s. 50(8)-(13)); S.I. 2009/139, art. 2(d) (with art. 3)