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Section 16: Review of treatment

Mental Health Act 2025 · 2025 c. 33View on legislation.gov.uk

The Mental Health Act 1983 is amended as follows.

In section 61 (review of treatment)—

in subsection (1)—
in the words before paragraph (a), for “58(3)(b) or 58A(4) or (5)” substitute ;“57A(3), 58(3)(b) or 58A(5)”
in paragraph (a), after “patient” insert ;“, except that, in the case of a patient who is liable to be detained in pursuance of an application for admission for treatment, no report is required under this subsection on the first occasion on which the responsible clinician furnishes a report under section 20(3) in respect of them”
after subsection (1) insert—

(1A)Where a patient is given treatment in accordance with section 58(3)(a) or 58A(3) or (4), a report on the treatment and the patient’s condition must be given by the approved clinician in charge of the treatment to the regulatory authority at any time, if so required by the regulatory authority. (1B) In relation to a patient to whom paragraph 5B or 5D of Part 1 of Schedule 1 applies, subsection (1) has effect as if, in paragraph (a), for the words “application for admission for treatment” there were substituted“order under Part 3 of this Act”. (1C) In relation to a patient to whom paragraph 5C or 6 of Part 1 of Schedule 1 applies, subsection (1) has effect as if, in paragraph (a), the words from “, except that” to the end of that paragraph were omitted.

;

in subsection (3)—
for “58(3)(b)” substitute ;“57A(3), 58(3)”
for “58A(4)” substitute ;“58A(3), (4)”
for “sections 57” substitute .“sections 57, 57A”

In section 55, in subsection (4), after “section 42 above or” insert .“section 61(1B) or”

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.