Section 67 References to tribunals by Secretary of State concerning Part II patients.

England and Wales

C1(1)

The Secretary of State may, if he thinks fit, at any time refer to F1the appropriate tribunal the case of any patient who is liable to be detained or subject to guardianship F2. . . under Part II of this Act F3or of any community patient .

(2)

For the purpose of furnishing information for the purposes of a reference under subsection (1) above any registered medical practitioner F4or approved clinician authorised by or on behalf of the patient may, at any reasonable time, visit the patient and examine him in private and require the production of and inspect any records relating to the detention or treatment of the patient in any hospital F5or to any after-care services provided for the patient under section 117 below.

(3)

Section 32 above shall apply for the purposes of this section as it applies for the purposes of Part II of this Act.

Annotations

Textual amendments

F1: Words in s. 67(1) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 47
F2: Words in s. 67(1) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4)
F3: Words in s. 67(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 19 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
F4: Words in s. 67(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 13(2)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F5: Words in s. 67(2) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 8(3)

Modifications

C1: S. 67(1) 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(g)

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)