Section 17B ConditionsF1

England and Wales

(1)

A community treatment order shall specify conditions to which the patient is to be subject while the order remains in force.

C1(2)

But, subject to subsection (3) below, the order may specify conditions only if the responsible clinician, with the agreement of the approved mental health professional mentioned in section 17A(4)(b) above, thinks them necessary or appropriate for one or more of the following purposes—

(a)

ensuring that the patient receives medical treatment;

(b)

preventing risk of harm to the patient's health or safety;

(c)

protecting other persons.

(3)

The order shall specify—

(a)

a condition that the patient make himself available for examination under section 20A below; and

(b)

a condition that, if it is proposed to give a certificate under Part 4A of this Act F2that falls within section 64C(4) below in his case, he make himself available for examination so as to enable the certificate to be given.

(4)

The responsible clinician may from time to time by order in writing vary the conditions specified in a community treatment order.

(5)

He may also suspend any conditions specified in a community treatment order.

(6)

If a community patient fails to comply with a condition specified in the community treatment order by virtue of subsection (2) above, that fact may be taken into account for the purposes of exercising the power of recall under section 17E(1) below.

(7)

But nothing in this section restricts the exercise of that power to cases where there is such a failure.

Annotations

Textual amendments

F1: Ss. 17A-17G inserted (1.4.2008 s. 17F for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32(2), 56 (with Sch. 10); S.I. 2008/745, art. 2(c)(i); S.I. 2008/1900, art. 2(i) (with art. 3, Sch. )
F2: Words in s. 17B(3)(b) inserted (1.6.2012) by Health and Social Care Act 2012 (c. 7), ss. 299(6), 306(4); S.I. 2012/1319, art. 2(2)

Modifications

C1: S. 17B(2) modified (3.11.2008) by The Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 (S.I. 2008/1210), art. 6(c)

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)

Notes on Part II

Modifications

C1: Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)
C2: Part II (ss. 2-34) modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para.3 (with saving in s. 8); S.I. 1991/2488, art. 2