The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1993

Statutory Instruments

1993 No. 2156

MENTAL HEALTH

The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1993

Made

3rd September 1993

Laid before Parliament

10th September 1993

Coming into force

1st October 1993

The Secretary of State for Health, in exercise of the powers conferred on her by section 32(1) and (2) of the Mental Health Act 1983(1) and of all other powers enabling her in that behalf, hereby makes the following Regulations:–

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1993 and shall come into force on 1st October 1993.

(2) In these Regulations “the principal Regulations” means the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983(2).

Amendment of Form 13 in Schedule 1 to the principal Regulations

2.—(1) Form 13 (record for the purposes of the Mental Health Act 1983, section 5(4)) contained in Schedule 1 to the principal Regulations shall be amended in accordance with the following paragraph of this regulation.

(2) Immediately before the words “of the professional register” there shall be inserted the following:–

“OR

(c) in Part 13 (nurses qualified following a course of preparation in mental health nursing)

OR

(d) in Part 14 (nurses qualified following a course of preparation in mental handicap nursing)”(3).

Virginia Bottomley

Secretary of State for Health

3rd September 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 by adding references, in Form 13 of Schedule 1, to two additional parts of the register of qualified nurses, midwives and health visitors, namely Parts 13 and 14. Nurses registered in those Parts are prescribed ( see the Mental Health (Nurses) Amendment Order 1993, S.I. 1993/2155), for the purposes of section 5(4) of the Mental Health Act 1983, as nurses on the basis of whose written record a patient who is receiving treatment for a mental disorder as an in–patient in hospital may be detained for up to 6 hours.

(1)

1983 c. 20.

(2)

S.I. 1983/893.

(3)

Parts 13 and 14 of the register were added to the Nurses, Midwives and Health Visitors (Parts of the Register) Order 1983 (S.I. 1983/667) by S.I. 1989/1455.