1996 No. 294
MENTAL HEALTH
NATIONAL HEALTH SERVICE, ENGLAND AND WALES

The Mental Health (After-care under Supervision) Regulations 1996

Made
Laid before Parliament
Coming into force
The Secretary of State for Health, in exercise of powers conferred on him by section 16(1) of the National Health Service Act 19771, and sections 32(1), (2) and (3) of the Mental Health Act 19832 and of all other powers enabling him in that behalf, hereby makes the following Regulations:—

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Mental Health (After-care under Supervision) Regulations 1996 and shall come into force on 1st April 1996.

(2)

In these Regulations unless the context otherwise requires—

“the 1977 Act” means the National Health Service Act 1977;

“the 1983 Act” means the Mental Health Act 1983.

(3)

In these Regulations unless the context otherwise requires any reference—

(a)

to a numbered regulation or a numbered Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and

(b)

in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation; and

(c)

to a numbered form is a reference to the form bearing that number in Schedule 2.

Exercise of functions relating to After-care under Supervision2.

—);

(1)

The “relevant provisions” for the purposes of this regulation are the provisions specified in column 1 of Schedule 1 to these Regulations, the subject matter of which is specified in column 2 of that Schedule.

(2)

Subject to paragraph (5), where a Health Authority, which has or will have a duty under section 117 of the 1983 Act3 to provide after-care services to a patient, makes an arrangement under section 23 of the 1977 Act4 or section 4 of the National Health Service and Community Care Act 19905 for the provision, by another person or body, of services consisting of or including psychiatric and related services for that patient, it may authorise that other person or body to perform on its behalf its functions under the relevant provisions in respect of that patient.

(3)

Subject to paragraph (5) a Health Authority may make arrangements for its functions under the relevant provisions to be exercised on its behalf by any of the persons or bodies specified in section 16(1)(a)(i) to (v) of the 1977 Act.

(4)

Subject to paragraph (5), where a local social services authority has or will have a duty under section 117 of the 1983 Act to provide after-care services to a patient, and where the Health Authority which also has or will have a duty with respect to the patient has given an authorisation to, or made arrangements with, a person or body under paragraph (2) or (3), the local social services authority may authorise the same person or body to perform all of that local social services authority’s functions under the relevant provisions in respect of the patient.

(5)

Nothing in this regulation shall permit a Health Authority or local social services authority to authorise a person or body to exercise the functions under section 25E(1) and (3) of the 1983 Act6 so far as they relate to review and modification of after-care services provided (or to be provided) to a patient under section 117 of the 1983 Act.

Procedure for and acceptance of supervision applications and related matters3.

For the purposes of after-care under supervision under Part II of the 1983 Act7—

(a)

any supervision application under section 25A shall be in the form set out in Form 1S;

(b)

any written recommendation of a registered medical practitioner under section 25B(6)(a) shall be in the form set out in Form 2S;

(c)

any written recommendation of an approved social worker under section 25B(6)(b) shall be in the form set out in Form 3S;

(d)

any report furnished under section 25F(1) (reclassification of a patient subject to after-care under supervision) shall be in the form set out in Form 4S;

(e)

any report furnished under section 25G(3) (medical recommendation for renewal of after-care under supervision) shall be in the form set out in Form 5S;

(f)

any renewal of after-care under supervision under section 25G(7) shall be recorded in the form set out in Part II of Form 5S;

(g)

any direction under section 25H(1) (ending of after-care under supervision) shall be in the form set out in Form 6S.

Signed by authority of the Secretary of State for Health

John Bowis
Parliamentary Under Secretary of State,
Department of Health

SCHEDULE 1PROVISIONS OF THE ACT CONFERRING FUNCTIONS ON HEALTH AUTHORITIES AND LOCAL SOCIAL SERVICES AUTHORITIES

Regulation 2(1)

(1)

(2)

Provision of the Act8

Subject matter

Section 25A(6), (7) and (8)

Supervision applications—acceptance etc.

Section 25C(6)

Supervision applications—consent to amendment

Section 25D(1)

Imposition of requirements

Section 25E(1), (3), (4), (6), (8) and (11)9

Review and modification of requirements imposed

Section 25F(1) and (4)

Receipt of reclassification report

Section 25G(3) and (8)

Receipt of renewal report and notification

Section 25H(6)

Ending of after-care under supervision and notification

SCHEDULE 2

Regulations 1(3)(c) and 3

FORM 1S

Mental Health Act 1983 Section 25B or Section 25J Regulation 3

SUPERVISION APPLICATION

FORM 2S

Mental Health Act 1983 Section 25B Regulation 3

MEDICAL RECOMMENDATION FOR AFTER-CARE UNDER SUPERVISION

FORM 3S

Mental Health Act 1983 Section 25B Regulation 3

APPROVED SOCIAL WORKER'S RECOMMENDATION FOR AFTER-CARE UNDER SUPERVISION

FORM 4S

Mental Health Act 1983 Section 25F Regulation 3

RECLASSIFICATION OF A PATIENT SUBJECT TO AFTER-CARE UNDER SUPERVISION

FORM 5S

Mental Health Act 1983 Section 25G Regulation 3

RENEWAL OF AFTER-CARE UNDER SUPERVISION

FORM 6S

Mental Health Act 1983 Section 25H Regulation 3

DIRECTING TERMINATION OF AFTER-CARE UNDER SUPERVISION

(This note is not part of the Regulations)

These Regulations enable specified functions of Health Authorities and local social services authorities under the Mental Health Act 1983 to be performed by other persons or bodies on their behalf (regulation 2). The functions relate to after-care under supervision introduced by the Mental Health (Patients in the Community) Act 1995. The Regulations also prescribe forms for use in connection with after-care under supervision (regulation 3 and Schedule 2).