The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997 © Crown Copyright 1997 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997 , ISBN 0 11 064231 7. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. STATUTORY INSTRUMENTS 1997 No. 801
The Secretary of State for Health in exercise of the powers conferred on him by section 32 of the Mental Health Act 1983[1] 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[2]. Amendment of the principal Regulations 2 . After regulation 10 of the principal Regulations there shall be inserted the following regulation -
10 A. 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) -
(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 Regulation 10A(a) (To be completed by the responsible medical officer) To the managers of [name of hospital or mental nursing home in which patient is liable to be detained]. I examined [name of patient] on [date of examination] who -
(b) was absent without leave from hospital or the place where he ought to be beginning on [date absence without leave began]; (c) was/is* liable to be detained for a period ending on [date authority for detention would have expired, apart from any extension under section 21, or date on which it will expire]; and (d) returned/was returned* to the hospital or place on [date]. In my opinion the patient is suffering from - (complete either (a) or (b) or both) * Delete the indents not applicable
or (ii) the patient, if discharged, is unlikely to be able to care for himself, to obtain the care which he needs or to guard himself against serious exploitation,
I am of the opinion that it is necessary -
(ii) in the interests of the patient's own safety (iii) with a view to the protection of other persons
that this patient should receive treatment and it cannot be provided unless the patient continues to be detained under the Act, for the following reasons: -
[Reasons should indicate whether other methods of care or treatment (e.g. out-patient treatment or local social services authority services) are available and if so why they are not appropriate, and why informal admission is not appropriate]. Add name in block capitals Date (To be completed by the managers) Delete the phrase which does not apply or both if nearest relative not known This report was received by the managers/persons authorised to act on behalf of managers on [date]. The patient was informed of this report on [date]. The patient's nearest relative/the person authorised to exercise the functions of the patient's nearest relative was informed of this report on [date]. Signed on behalf of the managers Date Regulation 10A(b) (To be completed by the responsible medical officer or nominated medical attendant) To [name of guardian] [name of responsible local social services authority if it is not the guardian]
Delete the phrase which does not applyI examined [name of patient] on [date of examination] who -
(b) was absent without leave from the place where he is required to reside beginning on [date absence without leave began]; (c) was/is
subject to guardianship for a period ending on [date authority for guardianship would have expired, apart from any extension under section 21, or date on which it will expire]; and(d) returned/was returned
to that place on [date].
* Insert mental illness, severe mental impairment, psychopathic disorder or mental impairment
(ii) for the protection of other persons
that the patient should remain under guardianship under the Act for the following reasons -
[Reasons should indicate why other methods of care are not appropriate]. Delete whichever does not apply
Responsible Medical OfficerNominated Medical Attendant Date (To be completed by the responsible local social services authority) This report was received by/on behalf of the local social services authority on [date]. The patient was informed of this report on [date]. The guardian was informed of this report on [date]. Signed on behalf of the responsible local social services authority Date (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. Notes: [1] 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). back [2] S.I. 1983/893; the relevant amending instrument is S.I. 1996/540. back
ISBN 0 11 064231 7
|
| Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office | ||
| We welcome your comments on this site | © Crown copyright 1997 | Prepared 16 April 1997 |