The Mental Health (Hospital, Guardianship and Consent to Treatment) (Amendment) Regulations 1996

Statutory Instruments

1996 No. 540

MENTAL HEALTH

The Mental Health (Hospital, Guardianship and Consent to Treatment) (Amendment) Regulations 1996

Made

4th March 1996

Laid before Parliament

6th March 1996

Coming into force

1st April 1996

The Secretary of State for Health, in exercise of powers conferred on him by sections 32(1) and (2)(a) of the Mental Health Act 1983(1) and of all other powers enabling him 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 1996 and shall come into force on 1st April 1996.

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

Amendment of regulation 4 of the principal Regulations

2.  In paragraph (4) of regulation 4 (procedure for and record of hospital admissions) for the words “Form 15” there shall be substituted the words “Form 14”.

Amendment of Schedule to the principal Regulations

3.  The Schedule to the principal Regulations (Forms for use in connection with compulsory admission to hospital, guardianship and consent to treatment) shall be amended by the substitution of Forms 2, 3, 4, 7, 9, 10, 11, 12, 14, 15, 21, 22, 24, 28, 29, and 30 by the forms respectively so numbered and set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Health,

John Bowis

Parliamentary Under Secretary of State

Department of Health

4th March 1996

Regulation 3

SCHEDULE FORMS FOR USE IN CONNECTION WITH COMPULSORY ADMISSION TO HOSPITAL

Regulations 4—11, 15 and 16

SCHEDULE 1 FORMS FOR USE IN CONNECTION WITH COMPULSORY ADMISSION TO HOSPITAL, GUARDIANSHIP AND CONSENT TO TREATMENT

Regulation 4(1)(a)(ii)

FORM 2 Mental Health Act 1983 Section 2Application by an Approved Social Worker for Admission for Assessment

Regulation 4(1)(b)(i)

FORM 3 Mental Health Act 1983 Section 2Joint Medical Recommendation for Admission for Assessment

Regulation 4(1)(b)(ii)

FORM 4 Mental Health Act 1983 Section 2Medical Recommendation for Admission for Assessment

Regulation 4(1)(d)

FORM 7 Mental Health Act 1983 Section 4Medical Recommendation for Emergency Admission for Assessment

Regulation 4(1)(e)(ii)

FORM 9 Mental Health Act 1983 Section 3Application by an Approved Social Worker for Admission for Treatment

Regulation 4(1)(f)(i)

FORM 10 Mental Health Act 1983 Section 3Joint Medical Recommendation for Admission for Treatment

Regulation 4(1)(f)(ii)

FORM 11 Mental Health Act 1983 Section 3Medical Recommendation for Admission for Treatment

Regulation 4(1)(g)

FORM 12 Mental Health Act 1983 Section 5(2)Report on Hospital In-Patient

Regulation 4(3)

FORM 14 Mental Health Act 1983 Sections, 2, 3, 4 and 5(2)Record of Receipt of Medical Recommendation(s) and Formal Admission to Hospital

Regulations 5(4)

FORM 15 Mental Health Act 1983 Section 7Report of Receipt of Medicial Recommendations

Regulation 5(3)

FORM 21 Mental Health Act 1983 Section 7Record of Acceptance of Guardianship Application

Regulation 6(a)

FORM 22 Mental Health Act 1983 Section 16Reclassification of Patient Detained for Treatment

Regulation 7(2)

FORM 24 Mental Health Act 1983 Section 19 and Schedule I Part II Authority for Transfer from One Hospital to Another Under Different Managers

Regulation 8(3)(b)(i)

FORM 28 Mental Health Act 1983 Section 19Joint Medical Recommendation for Transfer from Guardianship to Hospital

Regulation 84(2)(b)(ii)

FORM 29 Mental Health Act 1983 Section 19Medical Recommendation for Transfer from Guardianship to Hospital

Regulation 10(1) and (3)

FORM 30 Mental Health Act 1983 Section 20Renewal of Authority for Detention

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend to the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 by prescribing Form 14 in place of Form 15 for records made under regulation 4(4) (regulation 2) and by substituting new forms for those numbered 2, 3, 4, 7, 9, 10, 11, 12, 14, 15, 21, 22, 24, 28, 29, and 30 (regulation 3).

(1)

1983 c. 20; section 32(2) is amended by paragraph 2 of Schedule 1 to the Mental Health (Patients in the Community) Act 1995 (c. 52) (“the 1995 Act”); see also paragraph 107(14) of Schedule 1 to the Health Authorities Act 1995 and section 1(1) of and paragraph 15(4) of Schedule 1 to the 1995 Act.

(2)

S.I. 1983/893 to which there are amendments which are not relevant to these Regulations.