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'''Regulations for purposes of Part II'''
32.—(1) The Secretary of State may make regulations for prescribing anything which, under this Part of this Act, is required or authorised to be prescribed, and otherwise for carrying this Part of this Act into full effect.
32.—(1) The Secretary of State may make regulations for prescribing anything which, under this Part of this Act, is required or authorised to be prescribed, and otherwise for carrying this Part of this Act into full effect.


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:(b) for prescribing the manner in which any such application, recommendation, report, order, notice or other document may be proved, and for regulating the service of any such application, report, order or notice;
:(b) for prescribing the manner in which any such application, recommendation, report, order, notice or other document may be proved, and for regulating the service of any such application, report, order or notice;


:(c) for requiring the managers of hospitals and local social services authorities to keep such registers or other records as may be prescribed by the regulations in respect of patients liable to be detained or subject to guardianship under this Part of this Act, and to furnish or make available to those patients, and their relatives, such written statements of their rights and powers under this Act as may be so prescribed;
:(c) for requiring [such bodies as may be prescribed by the regulations]<ref name="PIC">[[Mental Health (Patients in the Community) Act 1995]]</ref> to keep such registers or other records as may be [so prescribed]<ref name="PIC"/> in respect of patients liable to be detained or subject to guardianship [...]<ref name="MHA6">[[Mental Health Act 2007]] s55 & sch 11; [[Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008]] wef 3/11/08</ref> under this Part of this Act [or community patients],<ref name="MHA7">[[Mental Health Act 2007]] s32 & sch 3; [[Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008]] wef 3/11/08</ref> and to furnish or make available to those patients, and their relatives, such written statements of their rights and powers under this Act as may be so prescribed;


:(d) for the determination in accordance with the regulations of the age of any person whose exact age cannot be ascertained by reference to the registers kept under the Births and Deaths Registration Act 1953; and
:(d) for the determination in accordance with the regulations of the age of any person whose exact age cannot be ascertained by reference to the registers kept under the Births and Deaths Registration Act 1953; and


:(e) for enabling the functions under this Part of this Act of the nearest relative of a patient to be performed, in such circumstances and subject to such conditions (if any) as may be perscribed by the regulations, by any person authorised in that behalf by that relative;
:(e) for enabling the functions under this Part of this Act of the nearest relative of a patient to be performed, in such circumstances and subject to such conditions (if any) as may be prescribed by the regulations, by any person authorised in that behalf by that relative;


and for the purposes of this Part of this Act any application, report or notice the service of which is regulated under paragraph (b) above shall be deemed to have been received by or furnished to the authority or person to whom it is authorised or required to be furnished, addressed or given if it is duly served in accordance with the regulations.
and for the purposes of this Part of this Act any application, report or notice the service of which is regulated under paragraph (b) above shall be deemed to have been received by or furnished to the authority or person to whom it is authorised or required to be furnished, addressed or given if it is duly served in accordance with the regulations.


(3) Without prejudice to subsections (1) and (2) above, but subject to section 23(4) above, regulations under this section may determine the manner in which functions under this Part of this Act of the managers of hospitals, local social services authorities, Regional Health Authorities, District Health Authorities or special health authorities are to be exercised, and such regulations may in particular specify the circumstances in which, and the conditions subject to which, any such functions may be performed by officers of or other persons acting on behalf of those managers and authorities.
(3) Without prejudice to subsections (1) and (2) above, but subject to section 23(4) [and (6)]<ref name="MHA1">[[Mental Health Act 2007]] s45; [[Mental Health Act 2007 (Commencement No. 1) Order 2007]] wef 24/7/07</ref> above, regulations under this section may determine the manner in which functions under this Part of this Act of the managers of hospitals, local social services authorities, '''['''[Local Health Board],<ref name="RHA">[[References to Health Authorities Order 2007]]</ref> Special Health Authorities [...]<ref>[[Health and Social Care Act 2012]] s27; [[Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013]] (1/4/13)</ref> [, National Health Service trusts or NHS foundation trusts]<ref>[[Health and Social Care (Community Health and Standards) Act 2003]]</ref>''']'''<ref>[[Health Authorities Act 1995]]</ref> are to be exercised, and such regulations may in particular specify the circumstances in which, and the conditions subject to which, any such functions may be performed by officers of or other persons acting on behalf of those managers [, boards,]<ref name="RHA"/> [authorities and trusts].<ref>[[NHS and Community Care Act 1990]]</ref>
 
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__NOEDITSECTION__

Latest revision as of 00:47, 6 August 2015

Regulations for purposes of Part II

32.—(1) The Secretary of State may make regulations for prescribing anything which, under this Part of this Act, is required or authorised to be prescribed, and otherwise for carrying this Part of this Act into full effect.

(2) Regulations under this section may in particular make provision—

(a) for prescribing the form of any application, recommendation, report, order, notice or other document to be made or given under this Part of this Act;
(b) for prescribing the manner in which any such application, recommendation, report, order, notice or other document may be proved, and for regulating the service of any such application, report, order or notice;
(c) for requiring [such bodies as may be prescribed by the regulations][1] to keep such registers or other records as may be [so prescribed][1] in respect of patients liable to be detained or subject to guardianship [...][2] under this Part of this Act [or community patients],[3] and to furnish or make available to those patients, and their relatives, such written statements of their rights and powers under this Act as may be so prescribed;
(d) for the determination in accordance with the regulations of the age of any person whose exact age cannot be ascertained by reference to the registers kept under the Births and Deaths Registration Act 1953; and
(e) for enabling the functions under this Part of this Act of the nearest relative of a patient to be performed, in such circumstances and subject to such conditions (if any) as may be prescribed by the regulations, by any person authorised in that behalf by that relative;

and for the purposes of this Part of this Act any application, report or notice the service of which is regulated under paragraph (b) above shall be deemed to have been received by or furnished to the authority or person to whom it is authorised or required to be furnished, addressed or given if it is duly served in accordance with the regulations.

(3) Without prejudice to subsections (1) and (2) above, but subject to section 23(4) [and (6)][4] above, regulations under this section may determine the manner in which functions under this Part of this Act of the managers of hospitals, local social services authorities, [[Local Health Board],[5] Special Health Authorities [...][6] [, National Health Service trusts or NHS foundation trusts][7]][8] are to be exercised, and such regulations may in particular specify the circumstances in which, and the conditions subject to which, any such functions may be performed by officers of or other persons acting on behalf of those managers [, boards,][5] [authorities and trusts].[9]

Amendments

  1. ↑ Jump up to: 1.0 1.1 Mental Health (Patients in the Community) Act 1995
  2. ↑ Mental Health Act 2007 s55 & sch 11; Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 wef 3/11/08
  3. ↑ Mental Health Act 2007 s32 & sch 3; Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008 wef 3/11/08
  4. ↑ Mental Health Act 2007 s45; Mental Health Act 2007 (Commencement No. 1) Order 2007 wef 24/7/07
  5. ↑ Jump up to: 5.0 5.1 References to Health Authorities Order 2007
  6. ↑ Health and Social Care Act 2012 s27; Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013 (1/4/13)
  7. ↑ Health and Social Care (Community Health and Standards) Act 2003
  8. ↑ Health Authorities Act 1995
  9. ↑ NHS and Community Care Act 1990
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