The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

Documents

3.—(1) Except in a case to which paragraph (2), (3), (4) or (5) applies, or in a case to which regulation 6(3) (recall notices in respect of community patients) applies, any document required or authorised to be served upon any authority, body or person by or under Part 2 of the Act (compulsory admission to hospital, guardianship or community treatment orders) or these Regulations may be served by delivering it to—

(a) the authority, body or person upon whom it is to be served;

(b) any person authorised by that authority, body or person to receive it;

(c) by sending it by pre-paid post addressed to—

(i) the authority or body at their registered or principal office; or

(ii) the person upon whom it is to be served at that person’s usual or last known residence, or

(d) by delivering it using an internal mail system operated by the authority, body or person upon whom it is to be served, if that authority, body or person agrees.

(2) Any application for the admission of a patient to a hospital under Part 2 of the Act shall be served by delivering the application to an officer of the managers of the hospital to which it is proposed that the patient shall be admitted, who is authorised by them to receive it.

(3) Where a patient is liable to be detained in a hospital under Part 2 of the Act—

(a) any order by the nearest relative of the patient under section 23 for the patient’s discharge, and

(b) the notice of such order given under section 25(1), shall be served either by—

(i) delivery of the order or notice at that hospital to an officer of the managers authorised by the managers to receive it, or

(ii) sending it by pre-paid post to those managers at that hospital, or

(iii) delivering it using an internal mail system operated by the managers upon whom it is to be served, if those managers agree.

(4) Where a patient is a community patient—

(a) any order by the nearest relative of the patient under section 23 for the patient’s discharge, and

(b) the notice of such order given under section 25(1A), shall be served by—

(i) delivery of the order or notice at the patient’s responsible hospital to an officer of the managers authorised by the managers to receive it,

(ii) sending it by pre-paid post to those managers at that hospital, or

(iii) delivering it using an internal mail system operated by the managers upon whom it is to be served, if those managers agree.

(5) Any report made under subsection (2) of section 5 (detention of patient already in hospital for 72 hours) shall be served by—

(a) delivery of the report to an officer of the managers of the hospital authorised by those managers to receive it, or

(b) delivering it using an internal mail system operated by the managers upon whom it is to be served, if those managers agree.

(6) Where a document referred to in this regulation is sent by pre-paid—

(a) first class post, service is deemed to have taken place on the second business day following the day of posting;

(b) second class post, service is deemed to have taken place on the fourth business day following posting,

unless the contrary is shown.

(7) Where a document under this regulation is delivered using an internal mail system, service is considered to have taken place immediately it is delivered into the internal mail system.

(8) Subject to sections 6(3) and 8(3) (proof of applications), any document—

(a) required or authorised by or under Part 2 of the Act or these Regulations, and

(b) purporting to be signed by a person required or authorised by or under that Part or these Regulations to do so,

shall be received in evidence and be deemed to be such a document without further proof.

(9) Where under Part 2 of the Act or these Regulations the managers of a hospital are required to make any record or report, that function may be performed by an officer authorised by those managers in that behalf.

(10) Where under these Regulations the decision to accept service by a particular method requires the agreement of the managers of a hospital, that agreement may be given by an officer authorised by those managers in that behalf.