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Article 76 References by Secretary of State concerning restricted patients

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

(1)

The Secretary of State may at any time refer the case of a restricted patient to the Review Tribunal.

(2)

The Secretary of State shall refer to the Review Tribunal the case of any restricted patient detained in a hospital whose case has not been considered by the tribunal, whether on his own application or otherwise, within the last 2 years.

(3)

The Secretary of State may by order vary the length of the period mentioned in paragraph (2).

Notes on Part V

Textual amendments

F1

Pt. V heading substituted (2.12.2019) by Mental Capacity Act (Northern Ireland) 2016 (c. 18), s. 307(2), Sch. 8 para. 38 (with ss. 285-287); S.R. 2019/163, art. 2(2), Sch. Pt. 2 (with art. 3) (as amended by S.R. 2019/190, art. 2)