- Latest available (Revised)
- Original (As made)
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012
You are here:
- UK Statutory Instruments
- 2012 No. 1118
- Whole Instrument
- Previous
- Next
What Version
Opening Options
More Resources
Status:
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
2012 No. 1118
Mental Health, England
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012
Made
18th April 2012
Laid before Parliament
23rd April 2012
Coming into force in accordance with regulation 1(2)
The Secretary of State for Health makes these Regulations in exercise of the powers conferred by section 64H(2) of the Mental Health Act 1983(1).
Citation, commencement and application
1.—(1) These Regulations may be cited as the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012.
(2) These Regulations shall come into force immediately after the coming into force of section 299 of the Health and Social Care Act 2012(2).
(3) These Regulations apply to England only.
Amendment of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008
2.—(1) The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008(3) are amended as follows.
(2) In regulation 28 (treatment of community patients not recalled to hospital)—
(a)in paragraph (1), after “Form CTO11”, insert “except where paragraph (1A) applies”;
(b)after paragraph (1) insert—
“(1A) Where there is authority to give treatment to a patient by virtue of section 64C(2)(a) or section 64E(6)(a), the certificate required for the purposes of sections 64B(2)(b) and 64E(2)(b) shall be in the form set out in Form CTO12.”.
(3) In Schedule 1 (Forms for use in connection with compulsory admission to hospital, guardianship and treatment), after Form CTO11, insert the following form—
“
”
Signed by authority of the Secretary of State.
Paul Burstow
Minister of State,
Department of Health
18th April 2012
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 (S.I. 2008/1184) (“the 2008 Regulations”).
Section 299 of the Health and Social Care Act 2012 (c.7) amended sections 64C and 64E of the Mental Health Act 1983 (c.20) to vary the certificate requirement where the patient has capacity to consent to the treatment and has consented, or if the patient is under 16, where the patient is competent to consent and does so. Regulation 2(2) amends regulation 28 of the 2008 Regulations to reflect this. Regulation 2(3) inserts the new form (Form CTO12) into Schedule 1 to the 2008 Regulations.
(1)
1983 c.20. Section 64H was inserted by s.35 (1) of the Mental Health Act 2007 (c.12). The 1983 Act is also amended by the Health and Social Care Act 2012(c.7) .
(2)
(3)
S.I. 2008/1184 as amended by S.I. 2008/2560.
Options/Help
Print Options
PrintThe Whole Instrument
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Memorandum
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as made version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.