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Statutory Instruments

2008 No. 1184

Mental Health, England

The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

Made

28th April 2008

Laid before Parliament

7th May 2008

Coming into force

3rd November 2008

Contents

Go to Preamble

  1. PART 1

    GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Documents

  2. PART 2

    Procedures and Records Relating to Hospital Admissions, Guardianship and Community Treatment Orders

    1. 4.Procedure for and record of hospital admissions

    2. 5.Procedure for and acceptance of guardianship applications

    3. 6.Procedure for and records relating to community treatment orders

    4. 7.Transfer from hospital to hospital or guardianship

    5. 8.Transfer from guardianship to guardianship or hospital

    6. 9.Transfer of community patients recalled to hospital

    7. 10.Transfers from England to Wales and from Wales to England

    8. 11.Conveyance to hospital on transfer from hospital or guardianship

    9. 12.Conveyance from hospital to hospital following recall of community patients

    10. 13.Renewal of authority for detention or guardianship and extension of community treatment period

    11. 14.Detention, guardianship or community treatment after absence without leave for more than 28 days

    12. 15.Removal to England

    13. 16.Removal to England of patients subject to compulsion in the community

    14. 17.Assignment of responsibility for community patients

    15. 18.Discharge of patients

    16. 19.Delegation of hospital managers’ functions under the Act

    17. 20.Delegation of managers’ functions under the Domestic Violence, Crime and Victims Act 2004

    18. 21.Delegation by local social services authorities

  3. PART 3

    Functions of Guardians and Nearest Relatives

    1. 22.Duties of private guardians

    2. 23.Visits to patients subject to guardianship

    3. 24.Performance of functions of nearest relative

    4. 25.Discharge by nearest relative

  4. PART 4

    Provision of Information

  5. PART 5

    Consent to Treatment

    1. 27.Consent to treatment

  6. PART 6

    Treatment of Community Patients not Recalled to Hospital

  7. PART 7

    Correspondence of Patients

    1. 29.Inspection and opening of postal packets

    2. 30.Review of decisions to withhold postal packets

    3. 31.Patient advocacy and liaison services and independent mental capacity advocate services

  8. PART 8

    Revocations

    1. 32.Revocations

  9. SCHEDULE 1

    FORMS FOR USE IN CONNECTION WITH COMPULSORY ADMISSION TO HOSPITAL, GUARDIANSHIP AND TREATMENT

  10. SCHEDULE 2

    REVOCATIONS

Go to Explanatory Note

The Secretary of State for Health, in exercise of the powers conferred by sections 9, 17F(2), 19(1) and (4), 19A(1), 32(1), (2) and (3), 57(1)(b), 58A(1)(b), 64(2), 64H(2), 134(3A)(a) and 134(8) of the Mental Health Act 1983(1), makes the following regulations:

In accordance with sections 57A(4) and 58A(8) of that Act, the Secretary of State has consulted with such bodies as appear to the Secretary of State to be concerned.

(1)

1983 c.20. The Mental Health Act 1983 was amended by the Mental Health Act 2007 (c.12). Back [1]

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