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

Transfer from hospital to hospital or guardianship

7.—(1) This regulation shall apply in respect of any patient (“a hospital patient”) to whom section 19(1)(a) applies and who is not a patient transferred under—

(a) section 19(3) (transfer between hospitals under the same managers), or

(b) section 123(1) and (2) (transfers between and from special hospitals).

(2) A hospital patient may be transferred to another hospital where—

(a) an authority for transfer is given by the managers of the hospital in which the patient is liable to be detained in the form set out in Part 1 of Form H4, and

(b) those managers are satisfied that arrangements have been made for the admission of the patient to the hospital to which the patient is being transferred within a period of 28 days beginning with the date of the authority for transfer.

(3) Upon completion of the transfer of the patient, the managers of the hospital to which the patient is transferred shall record the patient’s admission in the form set out in Part 2 of Form H4.

(4) A hospital patient may be transferred into the guardianship of a local social services authority, or a person approved by a local social services authority, where—

(a) an authority for transfer is given by the managers of the hospital in which the patient is detained in the form set out in Part 1 of Form G6;

(b) the transfer has been agreed by the local social services authority, which will be the responsible local social services authority if the proposed transfer takes effect;

(c) that local social services authority has specified the date on which the transfer shall take place;

(d) the managers of the transferring hospital have recorded the agreement of the local social services authority referred to in paragraph (b) and the date for transfer referred to in paragraph (c), in the form set out in Part 1 of that Form;

(e) in the case of a person other than a local social services authority being named as guardian, the agreement of that person to act as guardian is recorded in the form set out in Part 2 of that Form.

(5) A hospital patient who is detained in a registered establishment—

(a) may be transferred from that registered establishment to another registered establishment where both are under the same management, and paragraph (2) shall not apply, and

(b) where such a patient is maintained under a contract with a Strategic Health Authority, Local Health Board, Primary Care Trust, National Health Service trust, National Health Service foundation trust, a Special Health Authority or the Welsh Ministers, any authority for transfer required under paragraph (2)(a) or, as the case may be, (4)(a), and the record (where relevant) required under paragraph (4)(d), may be made or given by an officer of that authority, board or trust authorised by that authority, board or trust in that behalf, or by those Ministers, instead of by the managers.

(6) The functions of the managers referred to in this regulation may be performed by an officer authorised by them in that behalf.