Paragraph 17 Amendments of Part 5 of the Mental Health Act 1983I1

Section 72 (grounds for discharge by tribunal) is amended as follows.

After subsection (1) insert—

“(1ZA)

In relation to a patient admitted to hospital in pursuance of a hospital order (see section 55(4)), section 20(4) is to be read, for the purposes of subsection (1)(b), as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A).”

In subsection (1A), for “mental”, in both places it occurs, substitute “psychiatric”.

After subsection (1A) insert—

“(1B)

In relation to a person who is a community patient by virtue of a community treatment order under section 17A as applied by Part 1 of Schedule 1—

(a)

for the purposes of subsection (1)(c), section 17A(5) is to be read as if the reference to psychiatric disorder were a reference to relevant disorder (within the meaning given by section 34A), and

(b)

subsection (1A) is to be read as if the references to psychiatric disorder were references to relevant disorder (within the meaning given by section 34A).”

In subsection (4) (guardianship), in paragraph (a), for “mental disorder” substitute—

“(i)

psychiatric disorder,

(ii)

autism, or

(iii)

learning disability which has serious behavioural consequences”.