LegalizeThe Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
The Forms referred to in Part 3 in respect of the above are in Schedule 1.
Part 4 (Regulation 26) concerns the provision of information on a patient’s transfer from hospital to hospital and to and from special hospitals, renewal of a patient’s detention in different circumstances, extension of a community treatment order, assignment of a patient, transfer from hospital to guardianship, from one guardian to another, on the vesting of a patient’s guardianship in the local social services authority and renewal of guardianship in different circumstances. The method of giving such information is provided for.
Part 5 (Regulation 27) relates to consent to treatment. It prescribes treatments (other than those specified in Part 4 of the Act) which require consent and a second opinion, or consent or a second opinion. It also prescribes the administration of medicine as part of electro-convulsive therapy as a treatment to which section 58A of the Act applies, except where such treatment is immediately necessary to save the patient’s life or to prevent a serious deterioration in their condition.
The Forms referred to in Part 5 in respect of the above are in Schedule 1.
Part 6 (Regulation 28) concerns the treatment of community patients not recalled to hospital. It prescribes the certificate required for the treatment of such patients in certain circumstances and when such a certificate is not required for the administration of medicine as part of electro-convulsive therapy as a treatment where such treatment is immediately necessary to save the patient’s life or to prevent a serious deterioration in their condition.
The Form referred to in Part 6 in respect of the above are in Schedule 1.
Part 7 (Regulations 29 to 31) contains provisions on the correspondence of patients. Procedures to be followed on the inspection and opening of postal packets and for making an application to Mental Health Act Commission under section 121(7) of the Act for the review of a decision to withhold a postal packet or anything contained in it are set out. Patient advocacy and liaison services are defined and arrangements in respect of independent mental capacity advocate service are prescribed.
Part 8 (Regulation 32 and Schedule 2) contains revocations. In particular, the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 and the Mental Health (Correspondence of Patients, Patient Advocacy and Liaison Services) Regulations 2003 are revoked.
Schedule 1 contains the Forms setting out the form of applications, recommendations, records and other documents referred to in the Regulations and to be used in connection with compulsory admission to hospital, guardianship and treatment. It relates to regulations 4 to 9, 13 to 17, 25, 27 and 28.
Schedule 2 specifies the Regulations that have been revoked and the extent of such revocation.
A full impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.
Schedule 1 contains the Forms setting out the form of applications, recommendations, records and other documents referred to in the Regulations and to be used in connection with compulsory admission to hospital, guardianship and treatment. It relates to regulations 4 to 9, 13 to 17, 25, 27 and 28.
Schedule 2 specifies the Regulations that have been revoked and the extent of such revocation.
A full impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.
Footnotes
1983 c.20. The Mental Health Act 1983 was amended by the Mental Health Act 2007 (c.12).
The Mental Health Act Commission was established as a Special Health Authority under section 11 of the National Health Service Act 1977 (c.49), as consolidated by section 28 of the National Health Service Act 2006 (c.41). Section 121 of the Mental Health Act 1983 provides for the continuance of the Mental Health Act Commission as a Special Health Authority.
Section 85ZA was inserted by paragraph 12 of Schedule 5 to the Mental Health Act 2007 (c.12).
Section 80C was inserted by paragraph 4(1) of Schedule 5 to the Mental Health Act 2007.
As amended section 48 and Schedule 6 of the Mental Health Act 2007 (c.12) . By virtue of section 45(4) of the Domestic Violence, crime and Victims Act 2004 a function conferred on the managers of a hospital under sections 35 to 44B of that Act is to be treated as a function of those managers under Part 3 of the Mental Health Act 1983 for the purposes of section 32(3) of the 1983 Act (regulations as to delegation of managers’ functions, etc).
As provided for by Part 2, Chapter 3 of the National Health Service Act 2006 (c.41).
As provided for by Part 2, Chapter 5 of the National Health Service Act 2006.
As provided for by Part 2, Chapter 2 of the National Health Service Act 2006.
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