OpenLegislation

Section 45B Effect of hospital and limitation directions.F1F2

England and Wales

(1)

A hospital direction and a limitation direction shall be sufficient authority—

(a)

for a constable or any other person directed to do so by the court to convey the patient to the hospital specified in the hospital direction within a period of 28 days; and

(b)

for the managers of the hospital to admit him at any time within that period and thereafter detain him in accordance with the provisions of this Act.

(2)

With respect to any person—

(a)

a hospital direction shall have effect as a transfer direction; and

(b)

a limitation direction shall have effect as a restriction direction.

(3)

While a person is subject to a hospital direction and a limitation direction the F3responsible clinician shall at such intervals (not exceeding one year) as the Secretary of State may direct examine and report to the Secretary of State on that person; and every report shall contain such particulars as the Secretary of State may require.

Annotations

Textual amendments

F1

Ss. 45A, 45B inserted (1.10.1997) by 1997 c. 43, ss. 46; S.I. 1997/2200, art. 2 (with saving in art. 5(1))

F2

S. 45B inserted (1.10.1997) by 1997 c. 43, s. 46; S.I. 1997/2200, art. 2 (with saving in art. 5(1))

F3

Words in s. 45B(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 10(9)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

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 III

Modifications

C1

Pt. 3: certain defintions applied (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art. 2

C2

Pt. 3 applied in part (17.4.2024) by The Armed Forces (Appeals Against Review of Sentence) Regulations 2024 (S.I. 2024/619), regs. 1(2), 6(5)(6), 29(6)(7); S.I. 2024/562, reg. 2