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Mental Health Act 2007

Mental Health Act 2007

2007 CHAPTER 12

Commentary

Part 1 – Amendments to Mental Health Act 1983

Chapter 2 - Professional Roles
Section 22: Conflicts of interest

74.Section 22 introduces a power to enable regulations to be made by the Secretary of State in respect of England and the Welsh Ministers in respect of Wales setting out when, because of a potential conflict of interest:

  • an AMHP may not make an application for admission to hospital or guardianship under section 2, 3 or 7 of the 1983 Act; or

  • a medical practitioner may not provide a medical recommendation accompanying such an application.

75.The power replaces the provisions of section 12(3) to (7) of the 1983 Act, which set out when a medical practitioner may not provide a medical recommendation in support of an application, because of their position either in relation to the applicant, the patient or the other practitioner providing a medical recommendation.

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