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The Mental Health (Conflicts of Interest) (England) Regulations 2008
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- 2008 No. 1205
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations set out the circumstances in which there is a potential conflict of interest such that an approved mental health professional cannot make an application mentioned in section 11(1) of the Mental Health Act 1983 (c.20) (“the Act”), or a registered medical practitioner cannot make a medical recommendation for the purposes of such an application.
An approved mental health professional considering making an application mentioned in section 11 of the Act , or a registered medical practitioner considering giving a medical recommendation for the purposes of such an application, will have a potential conflict of interest if the reasons set out in the Regulations apply. These may be financial reasons (regulation 4), business reasons (regulation 5), professional reasons (regulation 6) or because of a personal relationship existing between the assessor and another assessor, or between the assessor and the patient or, where the application is to be made by the patient’s nearest relative, the nearest relative (regulation 7).
There is provision for an approved mental health professional or a registered medical practitioner to make an application or a medical recommendation despite a potential conflict of interest for professional reasons in specified circumstances in cases of urgent necessity where there would otherwise be a delay with a serious risk to the health or safety of the patient or to others (regulation 6).
The Welsh Ministers are making separate Regulations in relation to Wales.
A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
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