The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020

Amendment of regulation 3

2.—(1) Regulation 3 (documents) of the 2008 Regulations is amended as follows.

(2) In paragraph (1)—

(a) omit “delivering it to”;

(b) at the beginning of sub-paragraph (a) insert “delivering it to”;

(c) for sub-paragraph (b), substitute—

“(b) sending it by means of electronic communication to the authority, body or person upon whom it is to be served, if that authority, body or person agrees;”;

(d) in sub-paragraph (c), at the beginning omit “by”;

(e) in sub-paragraph (d), at the beginning omit “by”.

(3) After paragraph (1) insert—

“(1A) In paragraphs (1)(a) and (b) references to the authority, body or person upon whom a document is to be served include any person authorised by that authority, body or person to receive it.

(1B) Paragraph (1)(b) does not apply where the person to whom the document is to be served is—

(a) a patient liable to be detained in hospital under Part 2 of the Act,

(b) a community patient, or

(c) a guardianship patient.”.

(4) For paragraph (2) substitute—

“(2) Any application for the admission of a patient to hospital under Part 2 of the Act shall be served by—

(a) delivering the application to an officer of the managers of the hospital to which it is proposed that the patient shall be admitted who is authorised by them to receive it, or

(b) sending the application by means of electronic communication to the managers of the hospital to which it is proposed that the patient shall be admitted, whether or not those managers agree.”.

(5) In paragraph (3)—

(a) at the end of sub-paragraph (b)(i), omit “or”;

(b) at the end of sub-paragraph (b)(ii), omit “or”;

(c) at the end of sub-paragraph (b)(iii), insert—

“, or

(iv) sending it by means of electronic communication to the managers at that hospital, if those managers agree.”.

(6) In paragraph (4)—

(a) at the end of sub-paragraph (b)(ii), omit “or”;

(b) at the end of sub-paragraph (b)(iii), insert—

“, or

(iv) sending it by means of electronic communication to the managers at that hospital, if those managers agree.”.

(7) In paragraph (5)—

(a) at the end of sub-paragraph (a), omit “or”;

(b) at the end of sub-paragraph (b), insert—

“, or

(c) sending it by means of electronic communication to the managers of the hospital, if those managers agree.”.

(8) After paragraph (7) insert—

“(7A) (a) Subject to sub-paragraph (b), where a document under this regulation is served by means of electronic communication, service is considered to have taken place immediately after it is sent to the recipient.

(b) Where an order or notice referred to in paragraphs (3) or (4) is sent by means of electronic communication, service is considered to have taken place at the beginning of the next business day after the day on which the order or notice was sent.”.

(9) For paragraph (8) substitute—

“(8) (a) Subject to sections 6(3) and 8(3) (proof of applications), any document—

(i) required or authorised by or under Part 2 of the Act or these Regulations, and

(ii) purporting to be signed by a person required or authorised by or under that Part or these Regulations to do so,

shall be received in evidence and be deemed to be such a document without further proof.

(b) For the purposes of sub-paragraph (a)—

(i) “signed” includes using an electronic signature;

(ii) “electronic signature” has the same meaning as in section 7(2) of the Electronic Communications Act 2000(1).”.

(10) After paragraph (9) insert—

“(9A) Where under these Regulations a document may be served on hospital managers by means of electronic communication, that document may also be served on an officer of the managers of the hospital authorised by those managers to receive it.”.

(1)

2000 c. 7; section 7(2) was amended by S.I. 2016/696, Schedule 3, paragraph 1(2).