OpenLegislation

Section 134 Correspondence of patients.

England and Wales

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

(1)

A postal packet addressed to any person by a patient detained in a hospital under this Act and delivered by the patient for dispatch may be withheld from F1the postal operator concerned—

(a)

if that person has requested that communications addressed to him by the patient should be withheld; or

(b)

subject to subsection (3) below, if the hospital is F2one at which high security psychiatric services are provided and the managers of the hospital consider that the postal packet is likely—

(i)

to cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital); or

(ii)

to cause danger to any person;

and any request for the purposes of paragraph (a) above shall be made by a notice in writing given to the managers of the hospital, F3or the F4approved clinician with overall responsibility for the patient's case F5... .

(2)

Subject to subsection (3) below, a postal packet addressed to a patient detained F6under this Act in a hospital at which high security psychiatric services are provided may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.

(3)

Subsections (1)(b) and (2) above do not apply to any postal packet addressed by a patient to, or sent to a patient by or on behalf of—

(a)

any Minister of the Crown F7or the Scottish Ministers or Member of either House of Parliament or member of the Scottish Parliament F8or of the Northern Ireland Assembly;

F9(aa)

any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;

F10(b)

any judge or officer of the Court of Protection, any of the Court of Protection Visitors or any person asked by that Court for a report under section 49 of the Mental Capacity Act 2005 concerning the patient;

C1(c)

the Parliamentary Commissioner for Administration, F11the Scottish Public Services Ombudsman, F12the Public Services Ombudsman for Wales the Health Service Commissioner for England, F13. . . or a Local Commissioner within the meaning of Part III of the M1Local Government Act 1974;

F14(ca)

the Care Quality Commission;

F15(cb)

the Citizen Voice Body for Health and Social Care, Wales;

(d)

F16the First-tier Tribunal or the Mental Health Review Tribunal for Wales;

(e)

F17NHS England F18, an integrated care board, a F19... F20Local Health Board F21or Special Health Authority F22..., a local social services authority F23... F24... F25, a F26local probation board established under section 4 of the Criminal Justice and Court Services Act 2000) F27or a provider of probation services;

F28(ea)

a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers;

(eb)

a provider of independent advocacy services for the patient;

(f)

the managers of the hospital in which the patient is detained;

(g)

any legally qualified person instructed by the patient to act as his legal adviser; or

(h)

the European Commission of Human Rights or the European Court of Human Rights.

F29 and for the purposes of paragraph (d) above the reference to the First-tier Tribunal is a reference to that tribunal so far as it is acting for the purposes of any proceedings under this Act or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984F30.

F31(3A)

In subsection (3) above—

(a)

“patient advocacy and liaison service” means a service of a description prescribed by regulations made by the Secretary of State, and

“independent advocacy services” means services provided under arrangements under F32 section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006.

F33(b)

“independent advocacy services” means services provided under—

(i)

arrangements under section 130A F34or section 130E above;

(ii)

arrangements under F35section 223A of the Local Government and Public Involvement in Health Act 2007 or section 187 of the National Health Service (Wales) Act 2006; or

(iii)

arrangements of a description prescribed as mentioned in paragraph (a) above.

(4)

The managers of a hospital may inspect and open any postal packet for the purposes of determining—

(a)

whether it is one to which subsection (1) or (2) applies, and

(b)

in the case of a postal packet to which subsection (1) or (2) above applies, whether or not it should be withheld under that subsection;

and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it.

(5)

Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing.

(6)

Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) above the managers of the hospital shall within seven days give notice of that fact to the patient and, in the case of a packet withheld under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall be given in writing and shall contain a statement of the effect of F36section 134A(1) to (4).

(7)

The functions of the managers of a hospital under this section shall be discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose and different persons may be appointed to discharge different functions.

(8)

The Secretary of State may make regulations with respect to the exercise of the powers conferred by this section.

(9)

In this section F37 and section 134A “hospital” has the same meaning as in Part II of this Act F38and “postal operator” and, “postal packet” F39have the same meaning as in F40 Part 3 of the Postal Services Act 2011 (see section 27)

Annotations

Textual amendments

F1

Words in s. 134(1) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(2); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F2

Words in s. 134(1)(b) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 68; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F3

Word in s. 134(1) inserted (1.7.2012) by Health and Social Care Act 2012 (c. 7) , ss. 44(1)(a) , 306(4) (with s. 44(2) ); S.I. 2012/1319 , art. 2(3)

F4

Words in s. 134(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 14(4), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F5

Words in s. 134(1) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7) , ss. 44(1)(b) , 306(4) (with s. 44(2) ); S.I. 2012/1319 , art. 2(3)

F6

Words in s. 134(2) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 68; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F7

Words in s. 134(3)(a) inserted (1.7.1999) by S.I. 1999/1820, art 4, Sch. 2 Pt. I, para. 71 (with art. 5); S.I. 1998/3178, art. 2

F8

Words in s. 134(3)(a) inserted (2.12.1999) by 1998 c. 47, s. 99, Sch. 13, para. 5(2); S.I. 1999/3209, art. 2, Sch.

F9

S. 134(3)(aa) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 18 (the amendment comming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F10

S. 134(3)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 29(2) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F11

Words in s. 134(3)(c) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 9

F12

Words in s. 134(3)(c) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 21(a); S.I. 2005/2800, art. 5(1) (with art. 5(2))

F13

Words in s. 134(3)(c) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 21(b), Sch. 7; S.I. 2005/2800, art. 5(1) (with art. 5(2))

F14

S. 134(3)(ca) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(2); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F15

S. 134(3)(cb) inserted (1.4.2023) by Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 6(a); S.I. 2023/370, art. 3(1)(t)

F16

Words in s. 134(3)(d) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 65(a)

F17

Words in s. 134 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F18

Words in s. 134(3)(e) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 17; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

F19

Words in s. 134(3)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 29(b) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )

F20

Words in s. 134(3)(e) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(10)

F21

Words in s. 134(3)(e) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 29(c) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )

F22

Words in s. 134(3)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 29(d) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )

F23

Words in s. 134(3)(e) omitted (1.4.2023) by virtue of Health and Social Care (Quality and Engagement) (Wales) Act 2020 (asc 1), s. 29(2), Sch. 3 para. 6(b); S.I. 2023/370, art. 3(1)(t)

F24

Words in s. 134(3)(e) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F25

Words in s. 134(3)(e) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 7(2)

F26

Words in s. 134(3)(e) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 74; S.I. 2001/919, art. 2(f)

F27

Words in s. 134(3)(e) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 7(2)

F28

S. 134(3)(ea)(eb) inserted (1.7.2002 for W. and 1.9.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 6(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 2; S.I. 2003/2245, art. 2(b)

F29

Words in s. 134(3) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 65(b)

F30

1984 c.47.

F31

S. 134(3A) inserted (1.7.2002 for W. and 1.9.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 6(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 2; S.I. 2003/2245, art. 2(b)

F32

Words in s. 134(3A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s.2, Sch. 1 para. 68 (with Sch. 3 Pt. 1)

F33

S. 134(3A)(b) substituted (1.4.2008 for certain purposes, 3.11.2008 for further purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12), ss. 30(3), 56 (with Sch. 10); S.I. 2008/745, art. 2(b)(ii); S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a) (with Sch. paras. 3, 4)

F34

Words in s. 134(3A)(b)(i) inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 8; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)

F35

Words in s. 134(3A)(b)(ii) substituted (27.3.2012 for specified purposes, otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 185(3), 306(1)(d), (4); S.I 2013/106, art. 2 (with arts. 7-9)

F36

Words in s. 134(6) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(3); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F37

Words in s. 134(9) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(4); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F38

Words in s. 134(9) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(3)(a); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F39

Words in s. 134(9) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(3)(b); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F40

Words in s. 134(9) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 115; S.I. 2011/2329, art. 3

Marginal citations

M1

1974 c. 7.

Modifications

C1

S. 134(3)(c) extended in part (1.7.1999) by S.I. 1999/1351, art. 17(2)(b) (with art. 18); S.I. 1998/3178, art. 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)