The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the principal regulations dealing with the exercise of compulsory powers in respect of persons liable to be detained in hospital or under guardianship, together with community patients, under the Mental Health Act 1983 c. 20 (“the Act”) (as amended by the Mental Health Act 2007 c. 12).

Part 1 (regulations 1 to 3) contains general provisions affecting the interpretation of the Regulations and procedures relating to documentation required by the Act.

Part 2 (regulations 4 to 8) contains provisions relating to the procedure for, and record of, hospital admissions, renewal of authority for detention and the discharge of patients liable to be detained. It further specifies information to be given to patients liable to be detained and their nearest relatives.

Part 3 (regulations 9 to 15) contains provisions relating to the procedure for, and record of guardianship, renewal of guardianship, discharge of patients under guardianship. It also contains provisions relating to the duties of private guardians. It further specifies information to be given to guardianship patients and their nearest relatives.

Part 4 (regulations 16 to 22) contains provisions relating to the procedure for, and record of, community treatment orders and extension of such orders. It also contains provision relating to the recall and release of community patients, the revocation of community treatment orders upon recall of community patients and the discharge of community patients. It further specifies information to be given to community patients and their nearest relatives.

Part 5 (regulations 23 to 32) contains provisions relating to the transfer and conveyance of patients between hospitals, or guardianship and from hospitals to guardianship and vice versa. It also contains provisions relating to the assignment of responsibility for community patients and transfer of such patients upon recall. Provision is made for the removal of patients to Wales from Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man. Provision is also made in relation to the transfer of patients between Wales and England. It also specified information to be given to patients and their nearest relatives in the event of the transfer of patients.

Part 6 (regulations 33 and 34) contains provisions empowering nearest relatives to authorise other persons to exercise their functions under the Act, together with restrictions on the discharge of patients by nearest relatives.

Part 7 (regulations 35 to 37) provides for delegation by hospital managers of their functions under the Act and their functions under the Domestic Violence, Crime and Victims Act 2004 as well as delegation of functions by local social services authorities.

Part 8 (regulations 38 to 40) prescribes treatments (other than those specified in sections 57 and 58A of the Act) which either require consent and a second opinion or consent or a second opinion. It also sets out requirements as to certification of treatments administered under Part 4 and Part 4A of the Act.

Part 9 (regulations 41 and 42) contains provisions regarding the correspondence of patients, setting out procedures to followed on the opening of postal packets and prescribing certain advocacy services for the purposes of section 134(3A) of the Act.

Part 10 (regulation 43 and Schedule 2) revokes specified secondary legislation.

Schedule 1 contains the statutory forms as referred to within the Regulations.

A full regulatory impact assessment has not been produced for this instrument.