Section 76 Visiting and examination of patients.C1
England and Wales
For the purpose of advising whether an application to F1the appropriate tribunal should be made by or in respect of a patient who is liable to be detained or subject to guardianship F2. . . under Part II of this Act F3or a community patient, or of furnishing information as to the condition of a patient for the purposes of such an application, any registered medical practitioner F4or approved clinician authorised by or on behalf of the patient or other person who is entitled to make or has made the application—
may at any reasonable time visit the patient and examine him in private, and
may 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..
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. 76(1)(a) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 57
- F2
Words in s. 76(1) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4)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. 76(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 22 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)
- F4
Words in s. 76(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 13(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
- F5
Words in s. 76(1)(b) inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 11(b)
Modifications
- C1
S. 76 applied (with modifications) (1.4.1996) by S.I. 1996/295, reg. 2, Sch.
- C2
S. 76(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. 1210/2008), art. 6(h)
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)