# Notional Hospital Orders and H3

**URL:** <https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081>\
**Category:** Mental Health Act\
**Created:** [19 August 2025 16:58 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081 "2025-08-19T16:58:38Z")\
**Posts on this page:** 4\
**Page:** 1

<div class="post-metadata">

**Author:** ![ECl](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/e/c5a1d2/32.png) [@ECl](https://forum.mentalhealthlaw.co.uk/u/ECl)\
**Post date:** [19 August 2025 16:58 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081/1 "2025-08-19T16:58:38Z")

</div>

Would there be a seperate Hospital order when 49 restrictions have expired and the Section 47/49 is now a Section 37

---

<div class="post-metadata">

**Author:** ![ZacSussex](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/z/e8c25b/32.png) [@ZacSussex](https://forum.mentalhealthlaw.co.uk/u/ZacSussex)\
**Post date:** [19 August 2025 17:18 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081/2 "2025-08-19T17:18:03Z")

</div>

Hi Emily! When a 49 direction expires and the custodial element ends, the patient is then only on s.47, rather than s.47/49.

For some reason the legal world has decided to call a s.47 a “Notional 37,” even though the patient isn’t actually under a s.37 hospital order. It’s a bit of a misnomer, but that’s the terminology that’s stuck.

---

<div class="post-metadata">

**Author:** ![SteveC](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/s/ecb155/32.png) [@SteveC](https://forum.mentalhealthlaw.co.uk/u/SteveC)\
**Post date:** [19 August 2025 17:18 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081/3 "2025-08-19T17:18:40Z")

</div>

This is covered in MHA s50. They will remain in hospital **AS IF** they were subject to an unrestricted hospital order under s37, and it’s generally referred to as a Nominal s37.

---

<div class="post-metadata">

**Author:** ![TraceyVickery](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/t/77aa72/32.png) [@TraceyVickery](https://forum.mentalhealthlaw.co.uk/u/TraceyVickery)\
**Post date:** [20 August 2025 07:21 UTC](https://forum.mentalhealthlaw.co.uk/t/notional-hospital-orders-and-h3/4081/4 "2025-08-20T07:21:12Z")

</div>

There is no new Hospital Order issued when the 49 restrictions end. The 47/49 warrant remains as the ‘section papers’, but it will have the sentence end date on it to confirm when the 49 restriction ends.