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30 November 2006

Module 1: Getting in on The Act

What rights have patients who were not Voluntary patients under 1945 Act nor were they Temporary patients under 1945 Act (Patients with no status under 1945 Act, their Temporary status was not renewed and they could not sign a Voluntary form) and continue to be cared for in an approved centre under 2001 Act? Should they be re-certified according to 2001 Act or should they continue to be cared for without the protection of an automatic review by a tribunal? What is the position re: their absence of consent to receiving medication? Are they entitled to a second opinion?

A patient detained under the provisions of the Mental Treatment Act 1945 (Temporary or Person of Unsound Mind) on the 31/10/2006 at 12 midnight that person is regarded has having been detained under the 2001 Act. The detention of this person shall be referred to a mental health tribunal for review.

 

A person can only be certified/involuntary detained under the provisions of the 2001 Act if the meet the criteria for mental disorder (Section 3).