# Section 3 expiry date

**URL:** <https://forum.mentalhealthlaw.co.uk/t/section-3-expiry-date/1329>\
**Category:** Mental Health Act\
**Created:** [1 November 2022 16:25 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-expiry-date/1329 "2022-11-01T16:25:44Z")\
**Posts on this page:** 2\
**Page:** 1

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**Author:** ![Bianca](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/b/3be4f8/32.png) [@Bianca](https://forum.mentalhealthlaw.co.uk/u/Bianca)\
**Post date:** [1 November 2022 16:25 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-expiry-date/1329/1 "2022-11-01T16:25:44Z")

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Hi, so section 3 started on 31st October and expiry date calculated as 30/04 as this six months back one day. Query over expiry date being 29/04 instead as this is one day back from end of the month ? What is the consensus please?

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**Author:** ![Jonathan](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/jonathan/32/88_2.png) [@Jonathan](https://forum.mentalhealthlaw.co.uk/u/Jonathan)\
**Post date:** [2 November 2022 22:14 UTC](https://forum.mentalhealthlaw.co.uk/t/section-3-expiry-date/1329/2 "2022-11-02T22:14:20Z")

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The first period lasts six months including the first day ([s20](https://www.mentalhealthlaw.co.uk/MHA_1983_s20)(1)). The [MHA Manual](https://www.mentalhealthlaw.co.uk/Richard_Jones,_Mental_Health_Act_Manual_(25th_edn,_Sweet_and_Maxwell_2022)) mentions that month means calendar month (25th edition, 1-344, p188). I think the first period would be 31/10/21 to 30/4/22 inclusive, the second period 1/5/22 to 30/10/22, and the third 31/10/22 to 30/10/23 inclusive.

A trickier question would involve a section starting on 1/11/21. I think the first period would end at the same time as the one which began on 31/10/21.

| First period | Second period | Third period |
| --- | --- | --- |
| 30/10/21–29/4/22 | 30/4/22–29/10/22 | 30/10/22–29/10/23 |
| 31/10/21– **30/4/22** | **1/5/22†** –30/10/22 | 31/10/22–30/10/23 |
| 1/11/21– **30/4/22†** | **1/5/22** –31/10/22 | 1/11/22–31/10/23 |
| 2/11/21–1/5/22 | 2/5/22–1/11/22 | 2/11/22–1/11/23 |

† These dates would both be 31/4/22 if that day existed.