(b) where appropriate, that he is registered under the Health Professions Act [Chapter 27:19]. [Paragraph amended by Act 6/2000 with effect from the 2nd April, 2001.] 22 Periodical reports on patients (1) The superintendent of an institution or other place in which a patient is detained shall send to the Secretary— (a) for the first three years, annually; and (b) subsequently, every three years; a report in the prescribed form as to the patient’s mental and physical condition: Provided that, in the case of a patient who had not attained the age of sixteen years when the reception order relating to him was issued, a special report as to his mental and physical condition shall be sent within three months after he attains the age of sixteen years. (2) A report in terms of subsection (1) shall be sent in the year concerned in the month corresponding to that in which the patient was admitted to the institution or other place. (3) If the Secretary is not satisfied with a report sent in terms of subsection (1) he may— (a) call for such further information as he thinks fit; or (b) himself visit and examine the patient to ascertain his mental and physical condition; or (c) instruct a medical practitioner appointed by him for the purpose to examine the patient and report on his mental and physical condition. (4) After making any visit or considering any information or report received in terms of subsection (3), the Secretary may order the discharge of the patient or give such other directions as he thinks fit in relation to the care, treatment or custody of the patient: Provided that a patient detained under Part III or IV shall not be discharged except as permitted in terms of the Part concerned. 23 Amendment of applications, orders and certificates (1) If an application for a reception order or a reception order is found, whether before the reception of the patient or within one month thereafter, to he incorrect or deficient in any respect, any magistrate may permit the application to be amended or, as the case may be, may amend the reception order. (2) If a medical certificate is found, whether before the reception of the patient or within one month thereafter, to be incorrect or deficient in any respect not relating to the mental state of the patient, the medical practitioner or other person who gave the certificate may amend it, with the consent of a magistrate. (3) A reception order or medical certificate which has been amended in terms of subsection (1) or (2) shall have effect as if the amendment had been contained in it when the order or certificate was originally issued or signed, as the case may be. 24 Power of superintendent to discharge patients (1) Notwithstanding any other provision of this Act and without derogation from the powers of a mental hospital board under section seventy-two, a superintendent may discharge from his institution or other place any person lawfully detained under this Act, if he is satisfied that the person is not mentally disordered or intellectually handicapped or no longer requires detention in the institution or other place, as the case may be: Provided that a patient detained under Part III or IV shall not be discharged except as permitted in terms of the Part concerned. (2) If a superintendent discharges any patient in terms of subsection (1), he shall— (a) forthwith notify a magistrate, in writing, of the patient’s discharge; and (b) in the case of an informal patient, notify the Secretary in terms of section forty-three. (3) A superintendent may at any time refer to a mental hospital board for inquiry and consideration in terms of section seventy-two the case of any patient detained in his institution or other place. 25 Appeal to Mental Health Review Tribunal (1) Subject to this section, an appeal shall lie to the Mental Health Review Tribunal against the continued detention of a patient who is detained in an institution or other place in terms of this Part. (2) An appeal in terms of subsection (1) may be made— (a) by the patient concerned; or (b) by the patient’s guardian; or (c) if the patient is not a minor, by his curator, spouse, close relative or friend who is not a minor. (3) Except with the consent of the Mental Health Review Tribunal, not more than one appeal in respect of any patient shall be heard by the Tribunal in each year following the patient’s admission to the institution or other place. (4) Section eighty-one shall apply to the noting of an appeal in terms of subsection (1), the procedure to be followed, and the Mental Health Review Tribunal’s powers on such an appeal.

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