Part II

Compulsory Admission to Hospital and Guardianship

General provisions as to applications and recommendations

Conflicts of interest
12A
1
The appropriate national authority may make regulations as to the circumstances in which there would be a potential conflict of interest such that—
a
an approved mental health professional shall not make an application mentioned in section 11(1) above;
b
a registered medical practitioner shall not give a recommendation for the purposes of an application mentioned in section 12(1) above.
2
Regulations under subsection (1) above may make—
a
provision for the prohibitions in paragraphs (a) and (b) of that subsection to be subject to specified exceptions;
b
different provision for different cases; and
c
transitional, consequential, incidental or supplemental provision.
3
In subsection (1) above, “
the appropriate national authority
” means—
a
in relation to applications in which admission is sought to a hospital in England or to guardianship applications in respect of which the area of the relevant local social services authority is in England, the Secretary of State;
b
in relation to applications in which admission is sought to a hospital in Wales or to guardianship applications in respect of which the area of the relevant local social services authority is in Wales, the Welsh Ministers.
4
References in this section to the relevant local social services authority, in relation to a guardianship application, are references to the local social services authority named in the application as guardian or (as the case may be) the local social services authority for the area in which the person so named resides.
S. 12A inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 22(5), 56 (with Sch. 10); S.I. 2008/745, art. 3(c)
Pt. II (ss. 2–34) modified by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 78(2)
Part II (ss. 2-34) modified (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 5(1), Sch. 1 para.3 (with saving in s. 8); S.I. 1991/2488, art. 2