C1C2Part II Compulsory Admission to Hospital and Guardianship
Part II (ss. 2-34) modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para.3 (with saving in s. 8); S.I. 1991/2488, art. 2
Supplemental
34 Interpretation of Part II.
1
In this Part of this Act—
F4“the community responsible medical officer”, in relation to a patient subject to after-care under supervision, means the person who, in accordance with section 117(2A)(a) below, is in charge of medical treatment provided for him;
“the nominated medical attendant”, in relation to a patient who is subject to the guardianship of a person other than a local social services authority, means the person appointed in pursuance of regulations made under section 9(2) above to act as the medical attendant of the patient;
F1“registered establishment” means an establishment—
a
which would not, apart from subsection (2) below, be a hospital for the purposes of this Part; and
b
in respect of which a person is registered under Part II of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act;
“the responsible medical officer” means F5(except in the phrase “the community responsible medical officer”)—
a
in relation to a patient F2who isliable to be detained by virtue of an application for admission for assessment or an application for admission for treatment F2or who is to be subject to after-care under supervision after leaving hospital, the registered medical practitioner in charge of the treatment of the patient;
b
in relation to a patient subject to guardianship, the medical officer authorised by the local social services authority to act (either generally or in any particular case or for any particular purpose) as the responsible medical officer.
F6“the supervisor”, in relation to a patient subject to after-care under supervision, means the person who, in accordance with section 117(2A)(b) below, is supervising him.
F71A
Nothing in this Act prevents the same person from acting as more than one of the following in relation to a patient, that is—
a
the responsible medical officer;
b
the community responsible medical officer; and
c
the supervisor.
2
Except where otherwise expressly provided, this Part of this Act applies in relation to F3a registered establishment, as it applies in relation to a hospital, and references in this Part of this Act to a hospital, and any reference in this Act to a hospital to which this Part of this Act applies, shall be construed accordingly.
3
In relation to a patient who is subject to guardianship in pursuance of a guardianship application, any reference in this Part of this Act to the responsible local social services authority is a reference—
a
where the patient is subject to the guardianship of a local social services authority, to that authority;
b
where the patient is subject to the guardianship of a person other than a local social services authority, to the local social services authority for the area in which that person resides.
Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)