The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997

Made: 13th March 1997

Laid before Parliament: 13th March 1997

Coming into force: 7th April 1997

The Secretary of State for Health in exercise of the powers conferred on him by section 32 of the Mental Health Act 1983[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997 and shall come into force on 7th April 1997.

• (2) In these Regulations “the principal Regulations” means the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983[^f00002].

Amendment of the principal Regulations

2

After regulation 10 of the principal Regulations there shall be inserted the following regulation—

(10A) Any report for the purposes of section 21B(2) (authority for detention or guardianship of patients who are taken into custody or return after more than 28 days)— (a) in relation to a patient who is liable to be detained, shall be in the form set out in Part I of Form 31A; and (b) in relation to a patient who is subject to guardianship, shall be in the form set out in Part I of Form 31B and the receipt of that report shall be recorded by the managers of the hospital in which the patient is liable to be detained or, as the case may be, the responsible local social services authority in the form set out in Part II of Form 31A or, as the case may be, 31B.

Amendment of Schedule 1 to the principal Regulations

3

In Schedule 1 to the principal Regulations (forms for use in connection with compulsory admission to hospital, guardianship and consent to treatment) after Form 31 there shall be inserted the Forms 31A and 31B set out in the Schedule to these Regulations.

SCHEDULE

FORM 31A

MENTAL HEALTH ACT 1983 SECTION 21B

AUTHORITY FOR DETENTION AFTER ABSENCE WITHOUT LEAVE FOR MORE THAN 28 DAYS

Regulation 10A(a)

FORM 31B

MENTAL HEALTH ACT 1983 SECTION 21B

AUTHORITY FOR GUARDIANSHIP AFTER ABSENCE WITHOUT LEAVE FOR MORE THAN 28 DAYS

Regulation 10A(b)

Signed

Signed by authority of the Secretary of State for Health.

Simon Burns — Parliamentary Under Secretary of State — Department of Health — 13th March 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 by prescribing forms for continuing the detention in hospital or guardianship of a patient who returns, or is returned, after being absent without leave from hospital or the place where he ought to be for more than 28 days.

Footnotes

[^f00001]: 1983 c. 20; section 32 is amended by the Mental Health (Patients in the Community) Act 1995 (c. 52), section 1(2) and Schedule 1, paragraph 2 and by the Health Authorities Act 1995 (c. 17), section 2(1) and Schedule 1, paragraph 107(4).

[^f00002]: S.I. 1983/893; the relevant amending instrument is S.I. 1996/540.