Regulation 8

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N.B. These Regulations have been superseded: see Mental Health Regulations for details.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

Regulation

Transfer from guardianship to guardianship or hospital

8.—(1) This regulation shall apply in respect of any patient who is for the time being subject to guardianship under Part II of the Act.

(2) A patient to whom this regulation applies may be transferred into the guardianship of another local social services authority or person where—

(a) an authority for transfer is given by the guardian in the form set out in Part I of Form 26;

(b) that 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 26;

(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 proposed 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 26.

(3) An authority for transfer to hospital of a patient to whom this regulation applies may be given by the responsible local social services authority in the form set out in Form 27 where—

(a) an application for admission for treatment has been made by an approved social worker in the form set out in Form 9 and, for the purposes of that application, sections 11(4) (consultation with nearest relative) and 13 (duty of approved social worker) shall apply as if the proposed transfer were an application for admission for treatment;

(b) that application is founded on medical recommendations given by two registered medical practitioners in accordance with section 12 in the form set out—

(i) in the case of joint recommendations, in Form 28;

(ii) in any other case, in Form 29;

(c) that application has been accepted by the managers of the hospital to which it was addressed and the responsible local social services authority is satisfied that arrangements have been made for the admission of the patient to that hospital within the period of 14 days beginning with the date of the authority for transfer;

(d) the responsible local social services authority has taken such steps as are practicable to inform the person (if any) appearing to be the patient’s nearest relative of the proposed transfer,

and, on the transfer of that patient, a record of admission shall be made by the managers of the hospital to which he is transferred in the form set out in Form 14 and shall be attached to the application.

Amendments

None.