Contents
1Title and commencement#
The title of these Regulations is the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) (Amendment) Regulations 2012 and they come into force on 2 June 2012.
2Amendment of the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008#
(1)The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 are amended as follows.
(2)In regulation 40 (certificates for administration of treatment)—
(a)in paragraph (4) after “Form CO 7” insert “except where paragraph (5) applies”; and
(b)after paragraph (4) insert—“5 Where there is authority to give treatment to a patient by virtue of sections 64C(2)(a) or 64E(6)(a), the certificate required for the purposes of sections 64B(2)(b) and 64E(2)(b) must be in the form set out in Form CO 8.”
(3)In Schedule 1 (forms)—
(a)in Form HO 15 (Mental Health Act 1983 section 20 — renewal of authority for detention)—
(i)in Part 2 after “from the Responsible Clinician” insert “. This Part to be completed following consultation with the Responsible Clinician”, and
(ii)in Part 3 after “the Responsible Clinician” insert “following the completion of Part 2”;
(b)in Form CP 1 (Mental Health Act 1983 section 17A — community treatment order), Part 1 condition 2—
(i)after “Part 4A” insert “that falls within section 64C(4)”, and
(ii)after “in the patient’s case” insert “(SOAD Part 4A Certificate)”;
(c)in Form CP 5 (Mental Health Act 1983 section 17E — notice of recall to hospital), Part 2 paragraph (b), after “enabling a” insert “SOAD”;
(d)in Form TC 8 (Mental Health Act 1983 Part 6 — transfer of patient subject to compulsion in the community), Part 1 condition 4, for “Part 4A of the Act the patient’s case” substitute “Part 4A that falls within section 64C(4) of the Act in the patient’s case (SOAD Part 4A Certificate)”;
(e)in the heading of Form CO 7 for “(Part 4A Certificate)” substitute “(SOAD Part 4A Certificate)”; and
(f)after Form CO 7 insert—“”
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