MHA 1983 s12A

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part II contents

2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12ZA, 12ZB, 12ZC, 12A, 13, 14, 15, 16, 17, 17A, 17B, 17C, 17D, 17E, 17F, 17G, 18, 19, 19A, 20, 20A, 20B, 21, 21A, 21B, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Change made by Mental Health Act 2007

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Conflicts of interest

[12A.—(1) The appropriate national authority may make regulations as to the circumstances in which there would be a potential conflict of interest such that—

(a) an approved mental health professional shall not make an application mentioned in section 11(1) above;
(b) a registered medical practitioner shall not give a recommendation for the purposes of an application mentioned in section 12(1) above.

(2) Regulations under subsection (1) above may make—

(a) provision for the prohibitions in paragraphs (a) and (b) of that subsection to be subject to specified exceptions;
(b) different provision for different cases; and
(c) transitional, consequential, incidental or supplemental provision.

(3) In subsection (1) above, "the appropriate national authority" means—

(a) in relation to applications in which admission is sought to a hospital in England or to guardianship applications in respect of which the area of the relevant local social services authority is in England, the Secretary of State;
(b) in relation to applications in which admission is sought to a hospital in Wales or to guardianship applications in respect of which the area of the relevant local social services authority is in Wales, the Welsh Ministers.

(4) References in this section to the relevant local social services authority, in relation to a guardianship application, are references to the local social services authority named in the application as guardian or (as the case may be) the local social services authority for the area in which the person so named resides.][1]

Amendments

  1. Inserted by Mental Health Act 2007 s22(5), Mental Health Act 2007 (Commencement No. 4) Order 2008 wef 1/4/08