{
  "url": "https://openlegislation.uk/mental-capacity-act-2005/schedule-1A/paragraph-8",
  "json_url": "https://openlegislation.uk/mental-capacity-act-2005/schedule-1A/paragraph-8.json",
  "legislation": "ukpga/2005/9",
  "legislation_title": "Mental Capacity Act 2005",
  "legislation_url": "https://openlegislation.uk/mental-capacity-act-2005",
  "path": "schedule/1A/paragraph/8",
  "kind": "paragraph",
  "number": "8",
  "heading": null,
  "text": "(1) P is subject to the hospital treatment regime if he is subject to—\n(a) a hospital treatment obligation under the relevant enactment, or\n(b) an obligation under another England and Wales enactment which has the same effect as a hospital treatment obligation.\n(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.\n(3) A hospital treatment obligation is an application, order or direction of a kind listed in the first column of the following table.\n(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.\nHospital treatment obligation\nRelevant enactment\nApplication for admission for assessment\nSection 2\nApplication for admission for assessment\nSection 4\nApplication for admission for treatment\nSection 3\nOrder for remand to hospital\nSection 35\nOrder for remand to hospital\nSection 36\nHospital order\nSection 37\nInterim hospital order\nSection 38\nOrder for detention in hospital\nSection 44\nHospital direction\nSection 45A\nTransfer direction\nSection 47\nTransfer direction\nSection 48\nHospital order\nSection 51",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [
    {
      "type": "omitted",
      "affecting": "ukpga/2019/18",
      "affecting_title": "Mental Capacity (Amendment) Act 2019"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2005/9/schedule/1A/paragraph/8",
    "retrieved_at": "2026-10-29T09:16:24.228713+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}