OpenLegislation

Section 61 Review of treatment.

England and Wales

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

C1(1)

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—

(a)

on the next occasion on which the F6responsible clinician furnishes a report F7under section 20(3) F8, 20A(4) or 21B(2) above in respect of the patient; and

(b)

at any other time if so required by the regulatory authority.

(2)

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—

(a)

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;

(b)

in the case of treatment at any subsequent time, on the next occasion on which the F10responsible clinician makes a report in respect of the patient under section 41(6) F11, 45B(3) or 49(3) above.

C2(3)

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.

F16(3A)

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)