Mental Health (Patients in the Community) Act 1995 (c. 52)

F1 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Schedule 1 to this Act (supplementary provisions about after-care under supervision) shall have effect. Textual Amendments F1 S. 1(1) repealed (3.11.2008) by Mental Health Act 2007 (c. 12) , s. 56(1) , Sch. 11 Pt. 5 ; S.I. 2008/1210 , art. 2(d)

(1) In section 18 of the M1 Mental Health Act 1983 (return of patients absent without leave), for subsection (4) (which provides that a patient may not be taken into custody after the end of the period of 28 days beginning with the first day of his absence without leave) there shall be substituted the following subsection— “ (4) A patient shall not be taken into custody under this section after the later of— (a) the end of the period of six months beginning with the first day of his absence without leave; and (b) the end of the period for which (apart from section 21 below) he is liable to be detained or subject to guardianship; and, in determining for the purposes of paragraph (b) above or any other provision of this Act whether a person who is or has been absent without leave is at any time liable to be detained or subject to guardianship, a report furnished under section 20 or 21B below before the first day of his absence without leave shall not be taken to have renewed the authority for his detention or guardianship unless the period of renewal began before that day. ” (2) For section 21 of that Act (duration of authority for detention and guardianship: special provisions as to patients absent without leave) there shall be substituted the following sections— (1) Where a patient is absent without leave— (a) on the day on which (apart from this section) he would cease to be liable to be detained or subject to guardianship under this Part of this Act; or (b) within the period of one week ending with that day, he shall not cease to be so liable or subject until the relevant time. (2) For the purposes of subsection (1) above the relevant time— (a) where the patient is taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he is returned to the hospital or place where he ought to be; (b) where the patient returns himself to the hospital or place where he ought to be within the period during which he can be taken into custody under section 18 above, is the end of the period of one week beginning with the day on which he so returns himself; and (c) otherwise, is the end of the period during which he can be taken into custody under section 18 above.