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

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Removal of patients

29.—(1) Paragraphs (2) and (3) apply to a patient who is removed from Scotland, Northern Ireland, any of the Channel Islands or the Isle of Man to Wales under–

(a)section 82, 84 or 85 (as the case may be), or

(b)Regulations made under section 290 of the Mental Health (Care and Treatment) (Scotland) Act 2003(1) (removal and return of patients within United Kingdom).

(2) Where a patient to whom this paragraph applies is liable to be detained in a hospital, the managers of the hospital must—

(a)record in the form set out in Form TC 7 the date on which the patient is admitted to the hospital, and

(b)take such steps as are reasonably practicable to inform the person (if any) appearing to be the patient’s nearest relative or performing such functions as correspond to those performed by nearest relatives of the patient’s admission.

(3) Where a patient to whom this paragraph applies is received into guardianship the guardian must–

(a)record in the form set out in Form TC 7 the date on which the patient arrives at the place at which the patient is to reside on his or her reception into guardianship under the Act;

(b)take such steps as are reasonably practicable to inform the person (if any) appearing to be the patient’s nearest relative or performing such functions as correspond to those performed by nearest relatives that the patient has been received into guardianship under the Act; and

(c)a private guardian must notify the responsible local social services authority of the date mentioned in sub-paragraph (a) and of the particulars mentioned in regulation 11(1)(b) and (e).

(4) Paragraph (5) applies to a patient who is removed from Scotland, any of the Channel Islands or the Isle of Man to Wales under—

(a)section 289 of the Mental Health (Care and Treatment) (Scotland) Act 2003; or

(b)section 85ZA (responsibility for community patients transferred from any of the Channel Islands or the Isle of Man)(2) in the case of any of the Channel Islands or the Isle of Man.

(5) Where a patient to whom this paragraph applies is to receive treatment in the community—

(a)the conditions specified by the responsible clinician under section 80C(5) or 85ZA(4) for the purposes of section 17B(1) must be in the form set out in Part 1 of Form TC 8;

(b)the agreement of the approved mental health professional required under section 80C(6) must be in the form set out in Part 2 of Form TC 8;

(c)the managers of the responsible hospital in respect of which the patient is treated as having been admitted by virtue of section 80C(2) must record in the form set out in Part 3 of Form TC 8 the date on which the patient arrived at the place he or she is to reside in Wales (and in consequence of which the patient is treated as if a community treatment order had been made discharging him or her from hospital).

(2)

Section 85ZA was inserted by paragraph 12 of Schedule 5 to the Mental Health Act 2007.

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