Legislation – Mental Health Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Mental Health Act 2025, Section 30.
Changes to Legislation
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Periods for applications and references to tribunal
30Periods for tribunal applications
(1)
In section 66 of the Mental Health Act 1983 (applications to tribunals), in subsection (2)—
(a)
in paragraph (a), for “14 days” substitute “21 days”
;
(b)
in paragraph (b), for “six months” substitute “three months”
;
(c)
in paragraph (e), for “six months” substitute “three months”
.
(2)
In section 75 of the Mental Health Act 1983 (applications and references concerning conditionally discharged restricted patients)—
(a)
in subsection (1), after “above” insert “(“conditionally discharged”)”
;
(b)
in subsection (2)—
(i)
in the words before paragraph (a), for “as aforesaid but” substitute “, is not subject to conditions amounting to a deprivation of liberty and”
;
(ii)
“beginning—
(i)
in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions, and
(ii)
in any other case, with the date on which the patient was conditionally discharged”;
(c)
“(2A)
Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the patient may apply to the appropriate tribunal—
(a)
in the period between the expiration of six months and the expiration of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and
(b)
in any subsequent period of two years.”