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Paragraph 3

England and Wales

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

In section 17—

(a)

in subsection (1) after the word “may” there shall be inserted the words “with the consent of the Secretary of State”;

F1(aa)

subsections (2A) and (2B) shall be omitted;

(b)

in subsection (4) after the words F2“the responsible clinician” and after the words “that clinician” there shall be inserted the words “or the Secretary of State”; and

(c)

in subsection (5) after the word “recalled” there shall be inserted the words F3 “by the responsible clinician” , and for the words from “he has ceased” to the end of the subsection there shall be substituted the words “the expiration of the period of F4twelve months beginning with the first day of his absence on leave”.

Annotations

Textual amendments

F1

Sch. 1 Pt. 2 para. 3(aa) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 33(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(j) (with art. 3, Sch.)

F2

Words in Sch. 1 Pt. 2 para. 3(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(8)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F3

Words in Sch. 1 Pt. 2 para. 3(c) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 11(8)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F4

Words in Sch. 1, Pt. II, para. 3(c) substituted (1.4.1996 with application as mentioned in s. 3(3) of substituting Act) by 1995 c. 52, ss. 3(2)(3), 7(2)

Notes on the whole Act

Textual amendments

F1

For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)