The Mental Health (After-care under Supervision) Regulations 1996

• Citation: S.I. 1996/294
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Mental Health (After-care under Supervision) Regulations 1996 and shall come into force on 1st April 1996.

(2) In these Regulations unless the context otherwise requires—

“the 1977 Act ” means the National Health Service Act 1977;

“the 1983 Act ” means the Mental Health Act 1983.

(3) In these Regulations unless the context otherwise requires any reference—

(a) to a numbered regulation or a numbered Schedule is a reference to the regulation or Schedule bearing that number in these Regulations; and

(b) in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation; and

(c) to a numbered form is a reference to the form bearing that number in Schedule 2.

Section 2 Exercise of functions relating to After-care under Supervision

—);

(1) The “relevant provisions” for the purposes of this regulation are the provisions specified in column 1 of Schedule 1 to these Regulations, the subject matter of which is specified in column 2 of that Schedule.

(2) Subject to paragraph (5), where a Health Authority, which has or will have a duty under section 117 of the 1983 Act to provide after-care services to a patient, makes an arrangement under section 23 of the 1977 Act or section 4 of the National Health Service and Community Care Act 1990 for the provision, by another person or body, of services consisting of or including psychiatric and related services for that patient, it may authorise that other person or body to perform on its behalf its functions under the relevant provisions in respect of that patient.

(3) Subject to paragraph (5) a Health Authority may make arrangements for its functions under the relevant provisions to be exercised on its behalf by any of the persons or bodies specified in section 16(1)(a)(i) to (v) of the 1977 Act.

(4) Subject to paragraph (5), where a local social services authority has or will have a duty under section 117 of the 1983 Act to provide after-care services to a patient, and where the Health Authority which also has or will have a duty with respect to the patient has given an authorisation to, or made arrangements with, a person or body under paragraph (2) or (3), the local social services authority may authorise the same person or body to perform all of that local social services authority’s functions under the relevant provisions in respect of the patient.

(5) Nothing in this regulation shall permit a Health Authority or local social services authority to authorise a person or body to exercise the functions under section 25E(1) and (3) of the 1983 Act so far as they relate to review and modification of after-care services provided (or to be provided) to a patient under section 117 of the 1983 Act.

Section 3 Procedure for and acceptance of supervision applications and related matters

For the purposes of after-care under supervision under Part II of the 1983 Act —

(a) any supervision application under section 25A shall be in the form set out in Form 1S;

(b) any written recommendation of a registered medical practitioner under section 25B(6)(a) shall be in the form set out in Form 2S;

(c) any written recommendation of an approved social worker under section 25B(6)(b) shall be in the form set out in Form 3S;

(d) any report furnished under section 25F(1) (reclassification of a patient subject to after-care under supervision) shall be in the form set out in Form 4S;

(e) any report furnished under section 25G(3) (medical recommendation for renewal of after-care under supervision) shall be in the form set out in Form 5S;

(f) any renewal of after-care under supervision under section 25G(7) shall be recorded in the form set out in Part II of Form 5S;

(g) any direction under section 25H(1) (ending of after-care under supervision) shall be in the form set out in Form 6S.