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PART 2E+WINDIVIDUAL DEVELOPMENT PLANS

Detention under Part 3 of Mental Health Act 1983; application of 2018 ActE+W

Child or young person without individual development plan prior to detention in hospitalE+W

23.—(1) This regulation applies where—

(a)a child is subject to a detention order,

(b)the child is detained in hospital under Part 3 of the 1983 Act, and

(c)immediately before the beginning of the detention in hospital, an individual development plan was neither being maintained nor being kept for the child under Part 2 of the 2018 Act.

(2) This regulation also applies where—

(a)on or after 1 September 2022—

(i)a young person is subject to a detention order,

(ii)the young person is detained in hospital under Part 3 of the 1983 Act, and

(b)immediately before the beginning of the detention in hospital, an individual development plan was neither being maintained nor being kept for the young person under Part 2 of the 2018 Act.

(3) The 2018 Act and other provisions under Part 2 of that Act (including these Regulations) apply with the modifications provided for in Schedule 2 in relation to the child or young person while that child or young person is subject to a detention order and detained in hospital under Part 3 of the 1983 Act (in particular, see section 13).

Commencement Information

I1Reg. 23 in force at 1.9.2021, see reg. 1(2)