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

Statutory Instruments

1996 No. 294

MENTAL HEALTH

NATIONAL HEALTH SERVICE, ENGLAND AND WALES

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

Made

14th February 1996

Laid before Parliament

15th February 1996

Coming into force

1st April 1996

The Secretary of State for Health, in exercise of powers conferred on him by section 16(1) of the National Health Service Act 1977(1), and sections 32(1), (2) and (3) of the Mental Health Act 1983(2) 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 (After-care under Supervision) Regulations 1996 and shall come into force on 1st April 1996.

(2) In these Regulations unless the context otherwise requires—

“the 1977 Act” means the National Health Service Act 1977;

“the 1983 Act” means the Mental Health Act 1983.

(3) In these Regulations unless the context otherwise requires any reference—

(a) to a numbered regulation or a numbered Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and

(b) in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation; and

(c) to a numbered form is a reference to the form bearing that number in Schedule 2.

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(3) to provide after-care services to a patient, makes an arrangement under section 23 of the 1977 Act(4) or section 4 of the National Health Service and Community Care Act 1990(5) 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(6) 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.

Procedure for and acceptance of supervision applications and related matters

3.  For the purposes of after-care under supervision under Part II of the 1983 Act(7)—

(a) any supervision application under section 25A shall be in the form set out in Form 1S;

(b) any written recommendation of a registered medical practitioner under section 25B(6)(a) shall be in the form set out in Form 2S;

(c) any written recommendation of an approved social worker under section 25B(6)(b) shall be in the form set out in Form 3S;

(d) any report furnished under section 25F(1) (reclassification of a patient subject to after-care under supervision) shall be in the form set out in Form 4S;

(e) any report furnished under section 25G(3) (medical recommendation for renewal of after-care under supervision) shall be in the form set out in Form 5S;

(f) any renewal of after-care under supervision under section 25G(7) shall be recorded in the form set out in Part II of Form 5S;

(g) any direction under section 25H(1) (ending of after-care under supervision) shall be in the form set out in Form 6S.

Signed by authority of the Secretary of State for Health

John Bowis

Parliamentary Under Secretary of State,

Department of Health

14th February, 1996

Regulation 2(1)

SCHEDULE 1 PROVISIONS OF THE ACT CONFERRING FUNCTIONS ON HEALTH AUTHORITIES AND LOCAL SOCIAL SERVICES AUTHORITIES

(1)	(2)
Provision of the Act(8)	Subject matter
Section 25A(6), (7) and (8)	Supervision applications—acceptance etc.
Section 25C(6)	Supervision applications—consent to amendment
Section 25D(1)	Imposition of requirements
Section 25E(1), (3), (4), (6), (8) and (11)(9)	Review and modification of requirements imposed
Section 25F(1) and (4)	Receipt of reclassification report
Section 25G(3) and (8)	Receipt of renewal report and notification
Section 25H(6)	Ending of after-care under supervision and notification

Regulations 1(3)(c) and 3

SCHEDULE 2

Mental Health Act 1983 Section 25B or Section 25J Regulation 3

FORM 1S SUPERVISION APPLICATION

Mental Health Act 1983 Section 25B Regulation 3

FORM 2S MEDICAL RECOMMENDATION FOR AFTER-CARE UNDER SUPERVISION

Mental Health Act 1983 Section 25B Regulation 3

FORM 3S APPROVED SOCIAL WORKER'S RECOMMENDATION FOR AFTER-CARE UNDER SUPERVISION

Mental Health Act 1983 Section 25F Regulation 3

FORM 4S RECLASSIFICATION OF A PATIENT SUBJECT TO AFTER-CARE UNDER SUPERVISION

Mental Health Act 1983 Section 25G Regulation 3

FORM 5S RENEWAL OF AFTER-CARE UNDER SUPERVISION

Mental Health Act 1983 Section 25H Regulation 3

FORM 6S DIRECTING TERMINATION OF AFTER-CARE UNDER SUPERVISION

Explanatory Note

(This note is not part of the Regulations)

These Regulations enable specified functions of Health Authorities and local social services authorities under the Mental Health Act 1983 to be performed by other persons or bodies on their behalf (regulation 2). The functions relate to after-care under supervision introduced by the Mental Health (Patients in the Community) Act 1995. The Regulations also prescribe forms for use in connection with after-care under supervision (regulation 3 and Schedule 2).

(1)

1977 (c. 49); see for the definition of “regulations” and “prescribed” section 128(1); section 16(1) was substituted by paragraph 7 of Schedule 1 to the Health Authorities Act 1995 (c. 17).

(2)

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 MH 1995 Act”); section 32(3) has been amended by paragraph 24(5) of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19), paragraph 107(4) of Schedule 1 to the Health Authorities Act 1995 (c. 17); 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 MH 1995 Act.

(3)

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.

(4)

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

(5)

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

(6)

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

(7)

Sections 25A to 25J were inserted in Part II by section 1(1) of the MH 1995 Act.

(8)

Sections 25A to 25H are inserted in the Act by section 1(1) of the MH 1995 Act.

(9)

This is subject to the exception provided for in regulation 2(5).