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39Discharge of patients

(1)    In section 23 of the Mental Health Act 1983 (discharge of patients), omit subsections (3) and (3A).

(2)    In section 24 of that Act (visiting and examination of patients), omit subsections (3) and (4).

(3)    In Schedule 1 to that Act (application of certain provisions of that Act to patients subject to hospital and guardianship orders)—

(a)    in Part 1, in paragraph 1, omit “24(3) and (4),”, and

(b)    in Part 2, in paragraph 1, omit “24(3) and (4),”.

(4)    In consequence of the repeals made by this section—

(a)    in the National Health Service and Community Care Act 1990, in Schedule 9—

(i)    omit paragraph 24(3)(a) and the “and” following it, and

(ii)    omit paragraph 24(4),

(b)    in the Health Authorities Act 1995, in Schedule 1, omit paragraph 107(2)(a) and (3),

(c)    in the Care Standards Act 2000, in Schedule 4, omit paragraph 9(3),

(d)    in the Health and Social Care (Community Health and Standards) Act 2003, in Schedule 4, omit paragraphs 53(a) and 54,

(e)    in the Domestic Violence, Crime and Victims Act 2004—

(i)    omit sections 37A(5), 38A(3), 43A(5) and 44A(3),

(ii)    in section 37A(7)(a), omit “, (5)”, and

(iii)    in section 43A(7), omit “, (5)”, and

(f)    in the Mental Health Act 2007, in Schedule 3, omit paragraphs 10(5) and (6) and 11(3) and (4).

NOTES
Initial Commencement
Royal Assent

Royal Assent (in so far as is necessary for enabling the exercise on or after 27 March 2012 of any power to make an order or regulations or to give directions that is conferred by the above section or an amendment made by it.): 27 March 2012: see s 306(1)(d).

To be appointed

To be appointed (for remaining purposes): see s 306(4).

Extent

This section does not extend to Scotland: see s 308(1).

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