# Section 46 patient **URL:** \ **Category:** Mental Health Tribunal\ **Created:** [5 July 2023 17:41 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701 "2023-07-05T17:41:30Z")\ **Posts on this page:** 8\ **Page:** 1
**Author:** ![Ali](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/ali/32/120_2.png) [@Ali](https://forum.mentalhealthlaw.co.uk/u/Ali)\ **Post date:** [5 July 2023 17:41 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701/1 "2023-07-05T17:41:30Z")
Can anyone tell me how to appeal or gain access to Section 46 information? Section 46 is believed to be from the Home Secretary. [Mental Health Act 1983](https://www.legislation.gov.uk/ukpga/1983/20/section/46/2005-03-31) ---
**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Post date:** [5 July 2023 17:48 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701/2 "2023-07-05T17:48:25Z")
The effects of section 46 do not exist anymore; it was repealed years ago. ---
**Author:** ![MentalHealthCop](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/m/6a8cbe/32.png) [@MentalHealthCop](https://forum.mentalhealthlaw.co.uk/u/MentalHealthCop)\ **Post date:** [5 July 2023 18:26 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701/3 "2023-07-05T18:26:34Z")
This provision was repealed in 1996. No longer exists. ---
**Author:** ![Ali](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/ali/32/120_2.png) [@Ali](https://forum.mentalhealthlaw.co.uk/u/Ali)\ **Post date:** [5 July 2023 19:00 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701/4 "2023-07-05T19:00:44Z")
I was told about Section 46 by MHT Leicester themselves & ascertained what it fully implies via below legislation website. “(1)The Secretary of State may by warrant direct that any person who, by virtue of any enactment to which this subsection applies, is required to be kept in custody during Her Majesty’s pleasure or until the directions of Her Majesty are known shall be detained in such hospital” > **[Mental Health Act 1983](https://www.legislation.gov.uk/ukpga/1983/20/section/46/2005-03-31)** > > An Act to consolidate the law relating to mentally disordered persons. ---
**Author:** ![GuyDavis](https://forum.mentalhealthlaw.co.uk/letter_avatar_proxy/v4/letter/g/eb9ed0/32.png) [@GuyDavis](https://forum.mentalhealthlaw.co.uk/u/GuyDavis)\ **Post date:** [5 July 2023 19:28 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701/5 "2023-07-05T19:28:54Z")
That’s what it used to say; here is the up to date link: [Mental Health Act 1983 (legislation.gov.uk)](https://www.legislation.gov.uk/ukpga/1983/20/section/46) ---
**Author:** ![Ali](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/ali/32/120_2.png) [@Ali](https://forum.mentalhealthlaw.co.uk/u/Ali)\ **Post date:** [6 July 2023 15:30 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701/6 "2023-07-06T15:30:24Z")
Thanks Guy but today I received a letter from the Tribunal confirming Section 46 being imposed upon me. ![20230706_123435](https://forum.mentalhealthlaw.co.uk/uploads/default/original/1X/d8c6e5f5597f14c2faaf069eb9fa4669004c764b.jpeg) ---
**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:** [6 July 2023 16:01 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701/7 "2023-07-06T16:01:04Z")
Ah! It makes sense now, though it’s an overly legalistic letter to send to an unrepresented patient who is subject to the Mental Heath Act. The letter’s not about [section 46](https://www.mentalhealthlaw.co.uk/MHA_1983_s46) of the MHA – it’s just referring to the tribunal’s [rule 46](https://www.mentalhealthlaw.co.uk/Tribunal_Procedure_(First-tier_Tribunal)_(Health,_Education_and_Social_Care_Chamber)_Rules_2008#Rule_46), which is about applications for permission to appeal. ---
**Author:** ![Ali](https://forum.mentalhealthlaw.co.uk/user_avatar/forum.mentalhealthlaw.co.uk/ali/32/120_2.png) [@Ali](https://forum.mentalhealthlaw.co.uk/u/Ali)\ **Post date:** [6 July 2023 20:18 UTC](https://forum.mentalhealthlaw.co.uk/t/section-46-patient/1701/8 "2023-07-06T20:18:23Z")
Thanks Jonathan. Having a patient thrown into this situation is distressing enough.