Regulation 3
Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 (as amended)
N.B. These Regulations have been superseded: see Mental Health Regulations for details.
Regulation
Documents
3.—(1) Except in a case to which paragraph (2) or (3) applies, any document required or authorised to be served upon any authority, body or person by or under Part II of the Act (compulsory admission to hospital or guardianship) or these regulations may be served—
- (a) by delivering it to the authority, body or persons upon whom it is to be served, or upon any person authorised by that authority, body or person to receive it; or
- (b) by sending it by prepaid post addressed to the authority or body at their registered or principal office or to the person upon whom it is to be served at his usual or last known residence.
(2) Any application for the admission of a patient to a hospital under Part II of the Act shall be served by delivering the application to an officer of the managers of the hospital, to which it is proposed that the patient shall be admitted, authorised by them to receive it.
(3) Any order by the nearest relative of the patient under section 23 for the discharge of a patient who is liable to be detained under Part II ofthe Act, and the notice of such order given under section 25(1), shall be served either by delivery of the order or notice at that hospital to an officer of the managers authorised by them to receive it or by sending it by prepaid post to those managers at that hospital.
(4) Subject to sections 6(3) and 8(3) (proof of applications), any document required or authorised by or under Part II of the Act or these regulations and purporting to be signed by a person required or authorised by or under that Part II or these regulations to do so shall be received in evidence and be deemed to be such a document without further proof, unless the contrary is shown.
(5) Any document required to be addressed to the managers of a hospital in accordance with the Act or these regulations shall be deemed to be properly addressed to such managers if addressed to the administrator of that hospital.
(6) Where under these regulations a local social services authority or the managers of a hospital are required to make any record or report, that function may be performed by an officer authorised by that authority or those managers in that behalf.
Amendments
None.