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Section 92 Interpretation of Part VI.

United Kingdom

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

(1)

References in this Part of this Act to a hospital, being a hospital in England and Wales, shall be construed as references to a hospital within the meaning of Part II of this Act.

F1(1A)

References in this Part of this Act to the responsible clinician shall be construed as references to the responsible clinician within the meaning of Part 2 of this Act.

(2)

Where a patient is treated by virtue of this Part of this Act as if he had been removed to a hospital in England and Wales in pursuance of a direction under Part III of this Act, that direction shall be deemed to have been given on the date of his reception into the hospital.

(3)

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(4)

Sections 80 to 85A above shall have effect as if—

(a)

any hospital direction under section 45A above were a transfer direction under section 47 above; and

(b)

any limitation direction under section 45A above were a restriction direction under section 49 above.

(5)

Sections 80(5), 81(6) and 85(4) above shall have effect as if any reference to a transfer direction given while a patient was serving a sentence of imprisonment imposed by a court included a reference to a hospital direction given by a court after imposing a sentence of imprisonment on a patient.

Annotations

Textual amendments

F1

S. 92(1A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 39, 56, Sch. 5 para. 17 (with Sch. 10); S.I. 2008/1900, art. 2(n) (with art. 3, Sch.)

F2

S. 92(3) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 1 (with Sch. 10); S.I. 2008/1900, art. 2(p) (with art. 3, Sch.)

F3

S. 92(4)(5) inserted (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 12(16); S.I. 1997/2200, art. 2

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)