The Mental Health (After-care under Supervision) Regulations 1996

Exercise of functions relating to After-care under Supervision

2.  —);

(1) The “relevant provisions” for the purposes of this regulation are the provisions specified in column 1 of Schedule 1 to these Regulations, the subject matter of which is specified in column 2 of that Schedule.

(2) Subject to paragraph (5), where a Health Authority, which has or will have a duty under section 117 of the 1983 Act(1) to provide after-care services to a patient, makes an arrangement under section 23 of the 1977 Act(2) or section 4 of the National Health Service and Community Care Act 1990(3) for the provision, by another person or body, of services consisting of or including psychiatric and related services for that patient, it may authorise that other person or body to perform on its behalf its functions under the relevant provisions in respect of that patient.

(3) Subject to paragraph (5) a Health Authority may make arrangements for its functions under the relevant provisions to be exercised on its behalf by any of the persons or bodies specified in section 16(1)(a)(i) to (v) of the 1977 Act.

(4) Subject to paragraph (5), where a local social services authority has or will have a duty under section 117 of the 1983 Act to provide after-care services to a patient, and where the Health Authority which also has or will have a duty with respect to the patient has given an authorisation to, or made arrangements with, a person or body under paragraph (2) or (3), the local social services authority may authorise the same person or body to perform all of that local social services authority’s functions under the relevant provisions in respect of the patient.

(5) Nothing in this regulation shall permit a Health Authority or local social services authority to authorise a person or body to exercise the functions under section 25E(1) and (3) of the 1983 Act(4) so far as they relate to review and modification of after-care services provided (or to be provided) to a patient under section 117 of the 1983 Act.

(1)

Section 117 is amended by paragraph 107(8) of Schedule 1 to the Health Authorities Act 1995 (c. 17) and paragraph 15 of Schedule 1 to the MH 1995 Act.

(2)

Section 23 was amended by Schedule 7 to the Health Services Act 1980 (c. 53).

(3)

Section 4 is amended by paragraph 68 of Schedule 1 to the Health Authorities Act 1995 (c. 17).

(4)

Section 25E was inserted in the 1983 Act by section 1(1) of the MH 1995 Act.