# Mental Capacity Act 2005, Paragraph 8


(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 obligation
Relevant enactment
Application for admission for assessment
Section 2
Application for admission for assessment
Section 4
Application for admission for treatment
Section 3
Order for remand to hospital
Section 35
Order for remand to hospital
Section 36
Hospital order
Section 37
Interim hospital order
Section 38
Order for detention in hospital
Section 44
Hospital direction
Section 45A
Transfer direction
Section 47
Transfer direction
Section 48
Hospital order
Section 51

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Source: https://www.legislation.gov.uk/ukpga/2005/9/schedule/1A/paragraph/8 (the official version)
Page: https://openlegislation.uk/mental-capacity-act-2005/schedule-1A/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.