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This Statutory Instrument has been printed in substitution of the SI of the same number and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2008 No. 2560

Mental Health, England

The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008

Made

30th September 2008

Laid before Parliament

6th October 2008

Coming into force in accordance with regulation 1(2)

The Secretary of State for Health, in exercise of the powers conferred by sections 19A(1) and 32(1) and (2) of the Mental Health Act 1983( 1 ), makes the following regulations.

Citation, commencement and application

1. —(1) These Regulations may be cited as the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008.

(2) These Regulations shall come into force on 3rd November 2008 immediately after the coming into force of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008( 2 ).

(3) These Regulations apply to England only.

Amendment of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

2. —(1)The Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 are amended as follows.

(2) In regulation 17 (assignment of responsibility for community patients)

(a) in paragraph (3)—

(i) in sub-paragraph (a), omit “Part 1 of”;

(ii) in sub-paragraph (b), for “transfer” (twice) substitute “assignment”;

(iii) in sub-paragraph (c), for “transfer” substitute “assignment”;

(b) in paragraph (5), for “transfer” substitute “assignment”.

(3) In regulation 26 (provision of information)

(a) in paragraph (1)(l), before “to discharge” insert “not”;

(b) in paragraph (6), after “paragraph (1)” insert “ or (3)”.

(4) In Schedule 1 (forms for use in connection with compulsory admission to hospital, guardianship and treatment)

(a) in Form A7, after “I [PRINT name and address of second practitioner]” insert “last examined this patient on [date].”;

(b) in Form A9, after “I last saw the patient on [date]” insert “at [time]”;

(c) in Form H2—

(i) for “(who is not a registered practitioner)” substitute “(who is not a registered medical practitioner)”, and

(ii) in paragraph (d), for “mental health nursing” substitute “learning disabilities nursing”;

(d) in Form CTO8, for “ Complete the following only if the authority for detention is due to expire within that period of two months .” substitute “ Complete the following only if the community treatment order is due to expire within that period of two months .”;

(e) in Form CTO11, omit “ (To be completed on behalf of the responsible hospital) ”.

Signed by authority of the Secretary of State for Health

Dawn Primarolo

Minister of State

Department of Health

30th September 2008

( 1 )

1983 c.20 . The Mental Health Act 1983 was amended by the Mental Health Act 2007 (c.12) .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008 (2008/2560)

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