Legislation – Mental Health Act 2025

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Periods for applications and references to tribunal

33References: restricted patients not subject to deprivation of liberty conditions

(1)

The Mental Health Act 1983 is amended as follows.

(2)

In section 71 (references by Secretary of State concerning restricted patients), for subsection (2) substitute—

“(2)

The Secretary of State must refer to the appropriate tribunal the case of any restricted patient detained in a hospital if—

(a)

the patient’s case has not been considered by the appropriate tribunal within the last 12 months, whether on the patient’s own application or otherwise, and

(b)

there is no pending application or reference to the appropriate tribunal in relation to the patient’s case.”

(3)

In section 75 (applications and references concerning conditionally discharged restricted patients)—

(a)

before subsection (2C) (as inserted by section 32(3)(a) of this Act) insert—

“(2B)

Where a restricted patient has been conditionally discharged, is not subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the Secretary of State must refer the patient’s case to the appropriate tribunal on the expiry of—

(a)

the period of two years 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, and

(b)

each subsequent period of four years.”;

(b)

in subsection (2D), after “subsection” insert “(2B) or”;

(c)

in subsection (2E) omit “, is subject to conditions amounting to a deprivation of liberty”;

(d)

in subsection (2F), after “subsection” insert “(2B),”;

(e)

in subsection (2H), after “subsection” insert “(2B),”;

(f)

in subsection (3), after “subsection”, in the second place it occurs, insert “(2B),”.

(4)

The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.