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Section 64 Supplementary provisions for Part IV.

England and Wales

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

(1)

In this Part of this Act F1“the responsible clinician” means the approved clinician with overall responsibility for the case of the patient in question and “hospital” includes a F2registered establishment.

F3(1A)

References in this Part of this Act to the approved clinician in charge of a patient's treatment shall, where the treatment in question is a form of treatment to which section 57 above applies, be construed as references to the person in charge of the treatment.

F4(1B)

References in this Part of this Act to the approved clinician in charge of a patient's treatment shall, where the treatment in question is a form of treatment to which section 58A above applies and the patient falls within section 56(5) above, be construed as references to the person in charge of the treatment.

(1C)

Regulations made by virtue of section 32(2)(d) above apply for the purposes of this Part as they apply for the purposes of Part 2 of this Act.

(2)

Any certificate for the purposes of this Part of this Act shall be in such form as may be prescribed by regulations made by the Secretary of State.

F5(3)

For the purposes of this Part of this Act, it is appropriate for treatment to be given to a patient if the treatment is appropriate in his case, taking into account the nature and degree of the mental disorder from which he is suffering and all other circumstances of his case.

Annotations

Textual amendments

F1

Words in s. 64(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(7)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)

F2

Words in s. 64(1) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (with transitional provisions in Schs. 1-3 and art. 3(4)-(10))

F3

S. 64(1A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(7)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F4

S. 64(1B)(1C) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 28(9), 56 (with Sch. 10); S.I. 2008/1900, art. 2(g) (with art. 3, Sch.)

F5

S. 64(3) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 6(3), 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)