Office of Public Sector Information

Regulation 32

SCHEDULE 2 REVOCATIONS

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are the principal regulations dealing with the procedural matters relating to the compulsory treatment of persons who have a mental disorder under the Mental Health Act 1983 (c.20), as amended by the Mental Health Act 2007 (c.12). The Mental Health Act 1983 (“the Act”) allows the detention in hospital of people with mental disorder, or the imposition of other compulsory measures on them, including guardianship and community treatment orders. The Regulations provide for certain applications, recommendations and records under the Act to be in the form set out in the Forms in Schedule 1.

Part 1 (Regulations 1 to 3) contains general provisions affecting the interpretation of the regulations and procedures required by the Act in relation to the service of documents.

Part 2 (Regulations 4 to 21) contain provisions relating to the procedures for, and records of, hospital admissions, guardianship and community treatment orders, including medical recommendations for those purposes. In this Part provision is also made for the:

• the specification of conditions of a community treatment order

• notices to recall a community patient to hospital

• transfer of patients between hospitals, from the guardianship of one guardian to another, and between hospital and guardianship

• record of patients removed to England from Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man

• assignment of responsibility for community patients

• delegation of hospital managers’ functions under the Act and under the Domestic Violence, Crime and Victims Act 2004

• delegation by local social services authorities to who section 101 of the Local Government Act 1972 applies.

• The Forms referred to in Part 2 in respect of the above are in Schedule 1.

• Part 3 (Regulations 22 to 25) relates to the functions of private guardians and of nearest relatives. In this Part provision is made for:

• duties of guardians who are not local social services authorities, but who are private guardians (additional to those imposed by the Act) are prescribed

• local social services authorities responsible for any patients subject to guardianship to visit such patients regularly

• nearest relatives of patients to authorise another person to exercise their functions under the Act (and functions that may be performed by another person are prescribed, together with the conditions of notification required)

• the form in which the discharge of a patient by a nearest relative may be barred by the responsible clinician.

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.