Legislation – Mental Health Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Mental Health Act 2025, Section 7.
Changes to Legislation
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Grounds for detention and community treatment orders
7Grounds for discharge by tribunal
(1)
The Mental Health Act 1983 is amended as follows.
(2)
In section 72 (powers of tribunals)—
(a)
in subsection (1)(a), for sub-paragraphs (i) and (ii) substitute “that the grounds in section 2(2) are made out;”
;
(b)
“(i)
that the conditions in section 20(4) are met;”;
(c)
“(i)
that the criteria in section 17A(5) are met;”;
(d)
in subsection (1A), for “whether the criterion in subsection (1)(c)(iii) above” substitute “for the purposes of subsection (1)(c)(i) whether the criterion in section 17A(5)(e)”
.
(3)
In section 73 (power to discharge restricted patients), in subsection (1)(a), for “as to the matters mentioned in paragraph (b)(i), (ii) or (iia) of section 72(1) above” substitute “that the conditions in section 20(4) are met”
.
(4)
The amendments made by this section—
(a)
so far as relating to persons who are liable to be detained by virtue of Part 3 of the Mental Health Act 1983, apply in relation to such a person whether the person became so liable before or after the coming into force of this section;
(b)
so far as relating to persons who are subject to community treatment orders (within the meaning given by section 17A of the Mental Health Act 1983) by virtue of Part 3 of that Act, apply in relation to such a person whether the person became subject to a community treatment order before or after the coming into force of this section.