Section 61 Review of treatment.
England and Wales
Where a patient is given treatment in accordance with section 57(2) F1, 58(3)(b) or 58A(4) or (5) above F2, or by virtue of section 62A below in accordance with a Part 4A certificate (within the meaning of that section) F3that falls within section 64C(4) below, a report on the treatment and the patient’s condition shall be given F4by the approved clinician in charge of the treatment to F5the regulatory authority—
at any other time if so required by the regulatory authority.
In relation to a patient who is subject to a restriction order F9, limitation directionor restriction direction subsection (1) above shall have effect as if paragraph (a) required the report to be made—
in the case of treatment in the period of six months beginning with the date of the order or direction, at the end of that period;
The regulatory authority may at any time give notice F12. . . directing that, subject to section 62 below, a certificate given in respect of a patient under subsection 57(2) F13, 58(3)(b) or 58A(4) or (5) above shall not apply to treatment given to him F14(whether in England or Wales) after a date specified in the notice and sections 57 F15, 58 and 58A above shall then apply to any such treatment as if that certificate has not been given.
The notice under subsection (3) above shall be given to the approved clinician in charge of the treatment.
Annotations
Textual amendments
- F1
Words in s. 61(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(5)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)
- F2
Words in s. 61(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 34(3)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(j) (with art. 3, Sch.)
- F3
Words in s. 61(1) inserted (1.6.2012) by Health and Social Care Act 2012 (c. 7), ss. 299(7), 306(4); S.I. 2012/1319, art. 2(2)
- F4
Words in s. 61(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(4)(a)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
- F5
Words in s. 61 substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 4(2); S.I. 2009/462, art. 2, Sch. 1 para. 33
- F6
Words in s. 61(1)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(4)(a)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
- F7
Words in s. 61(1)(a) substituted (1.4.1996) by 1995 c. 52, ss. 2(5), 7(2)
- F8
Words in s. 61(1)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 34(3)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(j) (with art. 3, Sch.)
- F9
Words in s. 61(2) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 12(7)(a); S.I. 1997/2200, art. 2
- F10
Words in s. 61(2)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(4)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
- F11
Words in s. 61(2) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 12(7)(b); S.I. 1997/2200, art. 2
- F12
Words in s. 61(3) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(4)(c), 55, 56, Sch. 11 Pt. 3 (with Sch. 10); S.I. 2008/1900, art. 2(b)(p) (with art. 3, Sch.)
- F13
Words in s. 61(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(5)(b)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)
- F14
Words in s. 61(3) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 4(3); S.I. 2009/462, art. 2, Sch. 1 para. 33
- F15
Words in s. 61(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(5)(b)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)
- F16
S. 61(3A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(4)(d), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
Modifications
- C1
S. 61(1): functions transferred (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52(1)(c), 170 (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 20
- C2
S. 61(3): functions transferred (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52(1)(d), 170 (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 20
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)