Mental Treatment Act, 1945
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Amendment of recommendation for reception or chargeable patient reception order. |
174.—(1) Where a recommendation for reception is found, within twenty-one days after the reception of the person to whom the recommendation relates into the district mental hospital mentioned in the recommendation, to be in any respect incorrect or defective, the resident medical superintendent of the hospital may refer the recommendation to the person by whom it was made for amendment, and that person may, with the consent of the Minister, amend the recommendation within such twenty-one days. | |
(2) Where a chargeable patient reception order is found, within twenty-one days after the reception of the person to whom the order relates, to be in any respect incorrect or defective, the person by whom the order was made may, with the consent of the Minister, amend the order within such twenty-one days. | ||
(3) Where, within twenty-one days after the reception of a person in a district mental hospital consequent upon a recommendation for reception, the Minister is satisfied that the recommendation for reception or the chargeable patient reception order in pursuance of which such person is detained is in any respect incorrect or defective, the Minister may, by notice in writing given to the resident medical superintendent of the hospital, require the recommendation or order to be amended under this section, and, if it is not so amended to the satisfaction of the Minister within such twenty-one days, the Minister may, if he so thinks fit, direct that such person shall be discharged and if the Minister so directs, such person shall be discharged accordingly. | ||
(4) Where an amendment is made under this section in a recommendation for reception or in a chargeable patient reception order, the recommendation or order shall have effect as if the amendment had been contained in it when it was signed. | ||
(5) Where, within twenty-one days after the reception of a person in a district mental hospital consequent upon a recommendation for reception, the recommendation or the chargeable patient reception order in pursuance of which such person is detained is found to be incorrect or defective, the resident medical superintendent of the hospital and the other persons mentioned in section 172 of this Act shall have in relation to such person the powers specified in that section during such twenty-one days. |