Section 23: Discharge of patients., Mental Health Act 1983

Subject to the provisions of this section and section 25 below, a patient who is for the time being liable to be detained or subject to guardianship under this Part of this Act shall cease to be so liable or subject if an order in writing discharging him absolutely from detention or guardianship is made in accordance with this section

Subject to the provisions of this section and section 25 below, a community patient shall cease to be liable to recall under this Part of this Act, and the application for admission for treatment cease to have effect, if an order in writing discharging him from such liability is made in accordance with this section.

An order under subsection (1) or (1A) above shall be referred to in this Act as " an order for discharge ".

An order for discharge may be made in respect of a patient—

where the patient is liable to be detained in a hospital in pursuance of an application for admission for assessment or for treatment by the responsible clinician , by the managers or by the nearest relative of the patient;

where the patient is subject to guardianship, by the responsible clinician , by the responsible local social services authority or by the nearest relative of the patient.

where the patient is a community patient, by the responsible clinician, by the managers of the responsible hospital or by the nearest relative of the patient.

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The powers conferred by this section on any authority trust , board(other than an NHS foundation trust) or body of persons may be exercised subject to subsection (5) below by any three or more members of that authority trust, board or body authorised by them in that behalf or by three or more members of a committee or sub-committee of that authority trust, board or body which has been authorised by them in that behalf.

The reference in subsection (4) above to the members of an authority, trust , board or body or the members of a committee or sub-committee of an authority, trust , board or body,—

in the case of a Local Health Board or Special Health Authority ... or a committee or sub-committee of a Local Health Board or Special Health Authority ..., is a reference only to the chairman of the authority ... or board and such members (of the authority ..., board, committee or sub-committee, as the case may be) as are not also officers of the authority ... or board, within the meaning of the National Health Service Act 2006 or the National Health Service (Wales) Act 2006; and

in the case of a National Health Service trust or a committee or sub-committee of such a trust, is a reference only to the chairman of the trust and such directors or (in the case of a committee or sub-committee) members as are not also employees of the trust.

The powers conferred by this section on any NHS foundation trust may be exercised by any three or more persons authorised by the board of the trust in that behalf each of whom is neither an executive director of the board nor an employee of the trust. .

Section 23: Discharge of patients.

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