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Statutory Instruments

2008 No. 2439 (W.212)

MENTAL HEALTH, WALES

The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008

Made

15 September 2008

Laid before the National Assembly for Wales

17 September 2008

Coming into force

3 November 2008

Go to Preamble

  1. PART 1

    GENERAL

    1. 1. Title, application and commencement

    2. 2. Interpretation

    3. 3. Documents

  2. PART 2

    PROCEDURES AND RECORDS RELATING TO HOSPITAL ADMISSIONS

    1. 4. Procedure for and record of hospital admissions

    2. 5. Renewal of authority to detain

    3. 6. Detention after absence without leave for more than 28 days

    4. 7. Discharge of patients liable to be detained by responsible clinicians or hospital managers

    5. 8. Provision of information – patients liable to be detained

  3. PART 3

    PROCEDURES AND RECORDS RELATING TO GUARDIANSHIP

    1. 9. Procedure for and acceptance of guardianship applications

    2. 10. Visits to patients subject to guardianship

    3. 11. Duties of private guardians

    4. 12. Renewal of guardianship

    5. 13. Guardianship after absence without leave for more than 28 days

    6. 14. Discharge of patients subject to guardianship by responsible clinicians or responsible local social services authorities

    7. 15. Provision of information – patients subject to guardianship

  4. PART 4

    PROCEDURES AND RECORDS RELATING TO COMMUNITY TREATMENT

    1. 16. Procedures for and records relating to community treatment orders

    2. 17. Extension of community treatment periods

    3. 18. Community treatment after absence without leave for more than 28 days

    4. 19. Recall and release of community patients

    5. 20. Revocations of community treatment orders

    6. 21. Discharge of community patients by responsible clinicians or hospital managers

    7. 22. Provision of information – community patients

  5. PART 5

    TRANSFER AND CONVEYANCE

    1. 23. Transfer from hospital to hospital or guardianship

    2. 24. Transfer from guardianship to guardianship or hospital

    3. 25. Assignment of responsibility for community patients

    4. 26. Transfer of recalled patients to hospital

    5. 27. Conveyance to hospital on transfer

    6. 28. Transfers from Wales to England and from England to Wales

    7. 29. Removal of patients

    8. 30. Provision of information – transfer

    9. 31. Provision of information – transfer in the case of death, incapacity etc. of guardian

    10. 32. Provision of information – assignment of responsibility for community patients

  6. PART 6

    FUNCTIONS OF NEAREST RELATIVES

    1. 33. Performance of functions of nearest relative

    2. 34. Restriction on discharge by nearest relative

  7. PART 7

    DELEGATION

    1. 35. Delegation of hospital managers' functions under the Act

    2. 36. Delegation of hospital managers' functions under the Domestic Violence, Crime and Victims Act 2004

    3. 37. Delegation by local social services authorities

  8. PART 8

    CONSENT TO TREATMENT

    1. 38. Forms of treatment under Part 4 of the Act

    2. 39. Forms of treatment under Part 4A of the Act

    3. 40. Certificates for administration of treatment

  9. PART 9

    CORRESPONDENCE OF PATIENTS

    1. 41. Inspection and opening of postal packets

    2. 42. Independent Advocacy Services

  10. PART 10

    REVOCATIONS

    1. 43. Revocations

  11. SCHEDULES

    1. Schedule 1

      Forms

    2. Schedule 2

      Revocations

Go to Explanatory Note

The Welsh Ministers in exercise of the powers conferred by sections 9, 17F(2), 19(1) and (4), 19A, 32(1), (2) and (3), 57(1)(b), 58A(1)(b), 64(2), 64H(2) and 134(3A)(a) and (8) of the Mental Health Act 1983(1), after consultation with such bodies as appear to them to be concerned in accordance with section 57(4) and 58A(8), hereby make the following regulations—

(1)

1983 c. 20, as amended by the Mental Health Act 2007 c. 12. Back [1]