MHA 1983 s12A
Change made by Mental Health Act 2007
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[The chapter/paragraph numbers which appear below (if any) refer to the 2008 versions of the Code of Practice and Reference Guide.]
- Reference Guide to the Mental Health Act 1983, 2. Compulsory admission to hospital under Part 2 of the Act, 19. Guardianship and guardianship orders — paragraphs 2.55 to 2.59 (detention), 19.42 to 19.46 (guardianship)
- Mental Health Act 1983 Code Of Practice for England, 7. Conflicts of interest
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.]
- Inserted by Mental Health Act 2007 s22(5), Mental Health Act 2007 (Commencement No. 4) Order 2008 wef 1/4/08