The Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997 and shall come into force on 7th April 1997.

(2) In these Regulations “the principal Regulations” means the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983(1).

Amendment of the principal Regulations

2.  After regulation 10 of the principal Regulations there shall be inserted the following regulation—

“Detention or guardianship after absence without leave for more than 28 days

10A.   Any report for the purposes of section 21B(2) (authority for detention or guardianship of patients who are taken into custody or return after more than 28 days)—

(a) in relation to a patient who is liable to be detained, shall be in the form set out in Part I of Form 31A; and

(b) in relation to a patient who is subject to guardianship, shall be in the form set out in Part I of Form 31B

and the receipt of that report shall be recorded by the managers of the hospital in which the patient is liable to be detained or, as the case may be, the responsible local social services authority in the form set out in Part II of Form 31A or, as the case may be, 31B.”.

Amendment of Schedule 1 to the principal Regulations

3.  In Schedule 1 to the principal Regulations (forms for use in connection with compulsory admission to hospital, guardianship and consent to treatment) after Form 31 there shall be inserted the Forms 31A and 31B set out in the Schedule to these Regulations.

Signed by authority of the Secretary of State for Health.

Simon Burns

Parliamentary Under Secretary of State

Department of Health

13th March 1997