The Mental Health (Mutual Recognition) Regulations 2008

Guardianship

4.—(1) In relation to a patient subject to guardianship, the circumstances in which a responsible local social services authority in England may treat a person who is approved to act as an approved clinician in relation to Wales as approved in relation to England in order to authorise that person to be the patient’s responsible clinician are where—

(a) the patient is in Wales, or

(b) the patient receives medical treatment for mental disorder in Wales.

(2) In relation to a patient subject to guardianship, the circumstances in which a responsible local social services authority in Wales may treat a person who is approved to act as an approved clinician in relation to England as approved in relation to Wales in order to authorise that person to be the patient’s responsible clinician are where—

(a) the patient is in England, or

(b) the patient receives medical treatment for mental disorder in England.

(3) In relation to a patient subject to guardianship, the circumstances in which a person approved to act as an approved clinician in England shall be treated as approved to act as an approved clinician in relation to Wales are where—

(a) that approved clinician has been authorised to act as the patient’s responsible clinician by the patient’s responsible local social services authority in England, and

(b) that approved clinician is acting in respect of a patient who is in Wales.

(4) In relation to a patient subject to guardianship, the circumstances in which a person approved to act as an approved clinician in Wales shall be treated as approved to act as an approved clinician in relation to England are where—

(a) that approved clinician has been authorised to act as the patient’s responsible clinician by the patient’s responsible local social services authority in Wales, and

(b) that approved clinician is acting in respect of a patient who is in England.

(5) In this regulation, “responsible local social services authority” has the same meaning as in section 34(3) of the Act(1).

(1)

Reference is made as to where this definition may be found because section 34(3) of the Act only applies to Part II of the Act, whereas the power under which these Regulations are made is in Part X.