The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

PART 7 Delegation

Delegation of hospital managers' functions under the Act

35.  The functions of the managers of a hospital in respect of the following—

(a) notifying local social services authorities under section 14 (social reports) of patients detained on the basis of applications by their nearest relatives;

(b) authorising persons under section 17(3) (leave of absence from hospital) to keep in custody patients who are on leave of absence who are subject to a condition that they remain in custody;

(c) authorising person under sections 18(1) and (2A) (return and readmission of patients absent without leave) to take and return detained and community patients respectively who are absent without leave, may be performed by any person authorised by them in that behalf.

Delegation of hospital managers' functions under the Domestic Violence, Crime and Victims Act 2004

36.  The functions of the managers of a hospital under sections 35 to 44B of the Domestic Violence, Crime and Victims Act 2004 (provision of information to victims of patients under the Act etc.)(1) may be performed by any person authorised by them in that behalf.

Delegation by local social services authorities

37.—(1) Except as provided by paragraph (2), a local social services authority may delegate its functions under Parts 2 and 3 of the Act and these Regulations in the same way and to the same persons as its functions referred to in the Local Government Act 1972(2) may be delegated in accordance with section 101 of that Act.

(2) The function of the local social services authority under section 23 (discharge of patients) may not be delegated otherwise than in accordance with that section.

(1)

As amended section 48 and Schedule 6 of the Mental Health Act 2007. By virtue of section 45(4) of the Domestic Violence, Crime and Victims Act 2004 a function conferred on the managers of a hospital under sections 35 to 44B of that Act is to be treated as a function of those managers under Part 3 of the Mental Health Act 1983 for the purposes of section 32(3) of the 1983 Act (regulations as to delegation of managers' functions, etc).

(2)

1972 c. 70.