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The Mental Health (Mutual Recognition) Regulations 2008

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Person approved to act as an approved clinician

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3.—(1) The circumstances in which a person who is approved to act as an approved clinician in relation to England shall be treated, by virtue of his approval, as approved in relation to Wales too are where—

(a)the approved clinician is acting in respect of a patient who is liable to be detained in accordance with the provisions of the Act or is subject to a community treatment order,

(b)the patient is in Wales, and

(c)the patient’s relevant hospital is in England.

(2) The circumstances in which a person who is approved to act as an approved clinician in relation to Wales shall be treated, by virtue of his approval, as approved in relation to England too are where—

(a)the approved clinician is acting in respect of a patient who is liable to be detained in accordance with the provisions of the Act or is subject to a community treatment order,

(b)the patient is in England, and

(c)the patient’s relevant hospital is in Wales.

(3) In this regulation, “relevant hospital”—

(a)in respect of a patient liable to be detained, means the hospital in which the patient is liable to be detained in accordance with the provisions of the Act;

(b)in respect of a patient subject to a community treatment order, has the same meaning as “the responsible hospital”(1).

(1)

See section 17A of the Act which was inserted by section 32(2) of the Mental Health Act 2007.

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