Regulation 7

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N.B. These Regulations have been superseded: see Mental Health Regulations for details.

Contents

Regulations: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 10A, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20

Schedules: 1, 2

Explanatory note

Regulation

Transfer from hospital to hospital or guardianship

7.—(1) This regulation shall apply in respect of any patient who is for the time being liable to be detained in a hospital under the Act, other than a patient transferred under section 19(3) (transfer between hospitals under the same managers) or section 123(1) and (2) (transfers between and from special hospitals) applies.

(2) A patient to whom this regulation applies may be transferred to another hospital where—

(a) an authority for transfer in the form set out in Part I of Form 24 is given by the managers of the hospital in which the patient is liable to be detamed; and

(b) those managers are satisfied that arrangements have been made for the admission ofthe patient to the hospital to which he is being transferred within a period of 28 days beginning with the date ofthe authority for transfer,

and, on the transfer of that patient, the managers of the hospital to which he is transferred shall record his admission in the form set out in Part II of Form 24.

(3) A patient to whom this regulation applies may be transferred into the guardianship of a local social services authority, or of any person approved by a local social services authority, where— -

(a) an authority for transfer in the form set out in Part I of Form 25 is given by the managers of the hospital in which the patient is detained;

(b) the transfer has been agreed by the local social services authority, which will be the responsible one if the proposed transfer takes effect, in the form set out in Part II of Form 25;

(c) that local social services authority has specified the date on which the transfer shall take place; and

(d) where the person named in the authority for transfer as guardian is a person other than a local social services authority, the agreement of that person has been obtained and recorded in the form set out in Part III of Form 25.

(4) Where a patient to whom this regulation applies is detained in a mental nursing home—

(a) he may be transferred from that home to another where both homes are under the management of the same managers, and paragraph (2) shall not apply;

(b) where he is maintained under a contract with a [Strategic Health Authority, Health Authority, Primary Care Trust] or a special health authority, any authority for transfer required under paragraph (2)(a) or, as the case may be, (3)(a) may be given by an officer of that health authority [or Primary Care Trust], authorised by that health authority [or Primary Care Trust] in that behalf, instead of by the managers.

(5) In this regulation the functions of the managers may be performed by an officer authorised by them in that behalf.

Amendments