Mental Treatment Act, 1945

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Person detained becoming desirous of being received as voluntary patient.

216.—(1) Where—

(a) a person who is detained under a reception order in a district mental hospital or other institution maintained by a mental hospital authority becomes capable of expressing himself, and does express himself, as desirous of being received as a voluntary patient in an approved institution, and

(b) both the mental hospital authority and the resident medical superintendent approve of that course being adopted, and

(c) the necessary steps for adopting that course are taken under Part XV of this Act,

the person detained shall be discharged from such hospital or other institution for the purpose of being received as a voluntary patient in an approved institution.

(2) The recommendation referred to in sub-section (3) of section 190 of this Act shall, in the case of an application made in pursuance of sub-section (1) of this section in relation to a person detained in an institution and who does not ordinarily reside in the dispensary district in which the institution is situate, be made by the authorised medical officer who would be appropriate to make the recommendation if such person were ordinarily resident in that dispensary district.

(3) Where—

(a) a person who is detained under a reception order in a private institution, a private charitable institution, or an authorised institution becomes capable of expressing himself, and does express himself, as desirous of being received as a voluntary patient in an approved institution, and

(b) both the person in charge of the institution and the chief medical officer of the institution approve of that course being adopted, and

(c) the necessary steps for adopting that course are taken under Part XV of this Act,

the person detained shall be discharged from such institution for the purpose of being received as a voluntary patient in an approved institution.

(4) In sub-section (3) of this section, the reference to the chief medical officer of a private institution shall, where the institution consists of premises for the reception of one person only, be construed as a reference to the medical attendant of the person received.