The Mental Health (Conflicts of Interest) (Wales) Regulations 2008

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), as amended by the Mental Health Act 2007 (c. 12), or a registered medical practitioner cannot make a medical recommendation for the purposes of an application mentioned in section 12(1) for a person to be admitted under the Act.

An approved mental health professional considering making an application to admit a person under 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 for a number of reasons. Those reasons are the existence of a professional (regulation 3), financial (regulation 4), business (regulation 5) or personal (regulation 6) relationships between that person and another assessor, or between that person and either the patient or, where the application is to be made by the patient’s nearest relative, the nearest relative.

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 if there would otherwise be a delay with a serious risk to the health or safety of the patient or to others.

A full regulatory impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.