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Regulations

32 A power to make regulations under this Schedule includes power to make
consequential, supplementary, incidental, transitional or saving provision.

33 (1) Regulations made by the Secretary of State under this Schedule are to be
5made by statutory instrument.

(2) A statutory instrument containing regulations made by the Secretary of
State under this Schedule is subject to annulment in pursuance of a
resolution of either House of Parliament.

34 (1) Regulations made by the Department for the Economy in Northern Ireland
10under this Schedule may contain only provision which—

(a) would be within the legislative competence of the Northern Ireland
Assembly, and

(b) would not require the consent of the Secretary of State,

if it were contained in an Act of that Assembly.

(2) 15The power of the Department for the Economy in Northern Ireland to make
regulations under this Schedule is exercisable by statutory rule for the
purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/
1573 (N.I. 12)).

(3) Regulations under this Schedule made by the Department for the Economy
20in Northern Ireland are subject to negative resolution within the meaning
given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.

Section 9

SCHEDULE 7 Mental health: England and Wales

Part 1 25Introductory provision etc

Interpretation

1 (1) References in this Schedule to sections are to sections of the Mental Health
Act 1983 (“the 1983 Act”).

(2) Expressions used in this Schedule and in the 1983 Act have the same
30meaning as in that Act.

Forms

2 Where any form prescribed for use in connection with a provision of the
1983 Act is inconsistent with a modification made by Part 2 of this Schedule,
the form—

(a) 35may, in connection with the provision as so modified, be used with
appropriate amendments;

(b) is otherwise, for use in that connection, to be read with such
amendments as are necessary to reflect the modification.

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Part 2 Modifications of the Mental Health Act 1983

Applications for compulsory admission to hospital for assessment or treatment

3 (1) An application by an approved mental health professional under section 2
5or 3 made during a period for which this paragraph has effect may be
founded on a recommendation by a single registered medical practitioner (a
“single recommendation”), if the professional considers that compliance
with the requirement under that section for the recommendations of two
practitioners is impractical or would involve undesirable delay.

(2) 10A single recommendation must otherwise comply with the requirements of
section 2(3) or 3(3).

(3) An application founded on a single recommendation must include a
statement of the opinion referred to in sub-paragraph (1).

(4) An emergency application under section 4 may not be founded on a single
15recommendation (but this does not limit section 4(3)).

(5) Section 11(7) (applications may be founded on separate or joint
recommendations) does not apply to an application founded on a single
recommendation.

(6) Section 12(1) has effect as if it required a single recommendation to be signed
20on or before the date of the application, and to be given by a practitioner who
has personally examined the patient.

(7) Section 12(2) has effect as if it required a single recommendation to be given
by a practitioner approved for the purposes of that section by the Secretary
of State as having special experience in the diagnosis or treatment of mental
25disorder (or by a person treated as so approved by virtue of section 12(2A)).

(8) Section 12(1) and (2) do not otherwise apply to a single recommendation
(and accordingly there is no requirement for the practitioner giving the
recommendation to have previous acquaintance with the patient).

(9) A single recommendation is subject to section 15(2) (except paragraph (b)) in
30the same way as one of two recommendations (and section 15(3) does not
apply to it).

Applications for compulsory admission of patients already in hospital

4 (1) Any registered medical practitioner or approved clinician may furnish a
report for the purposes of section 5(2) (detention of patient in hospital
35pending application for admission) if it appears to the practitioner or
clinician that complying with the requirement under that provision for the
report to be furnished by the practitioner or clinician in charge of the
treatment of the patient is impractical or would involve undesirable delay.

(2) Section 5(2) (period for which patient can be detained following report by
40practitioner or clinician) has effect in relation to a patient detained after the
beginning of any period for which this sub-paragraph has effect as if for “72
hours” there were substituted “120 hours”.

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(3) Section 5(4) (period for which patient can be detained pending report by
practitioner or clinician) has effect in relation to a patient detained after the
beginning of any period for which this sub-paragraph has effect as if for “six
hours” there were substituted “12 hours”.

5Period of remand to hospital

5 Sections 35(7) (period of remand to hospital for report on mental condition)
and 36(6) (period of remand to hospital for treatment) have effect as if the
words “or for more than 12 weeks in all” were omitted.

Court orders for the detention of accused or convicted persons in hospital

6 (1) 10Any power of a court under a provision listed in sub-paragraph (2) may be
exercised if the court—

(a) is satisfied that complying with the requirement applying to that
provision for the evidence of two registered medical practitioners is
impractical or would involve undesirable delay, and

(b) 15is satisfied on the evidence of a single registered medical practitioner
of the matters of which it would (but for this paragraph) have to be
satisfied on the evidence of two practitioners,

and any other conditions for the exercise of the power are met.

(2) Those provisions are—

(a) 20section 36(1) (power to remand accused person to hospital for
treatment);

(b) section 37(1) (power to order detention in hospital, or guardianship,
of convicted person);

(c) section 38(1) (power to order interim detention of convicted person
25in hospital pending final hospital order or other disposal);

(d) section 45A(3) (power to direct that a person sentenced to
imprisonment be detained in hospital instead of prison);

(e) section 51(5) (power to order detention of a person in hospital in the
absence of the person).

(3) 30The power in section 45A(3) may only be exercised by virtue of sub-
paragraph (1) if the practitioner has given evidence orally before the court
(and section 45A(4) accordingly does not apply).

Directions for the transfer of prisoners to hospital

7 A transfer direction may be given under section 47(1) or 48(1) (removal of
35prisoners to hospital) if the Secretary of State—

(a) is satisfied that complying with the requirement under that
provision for reports from at least two registered medical
practitioners is impractical or would involve undesirable delay, and

(b) is satisfied of the matters mentioned in paragraphs (a) to (c) of that
40provision by a report from one registered medical practitioner,

and any other conditions for the exercise of the power are met.

Conveyance of accused or convicted persons to hospital

8 (1) The provisions listed in sub-paragraph (2) have effect as if references to
conveying or admitting a person to hospital within a specified period were

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references to doing so within that period or as soon as practicable after the
end of that period.

(2) Those provisions are—

(a) section 35(9) (including as applied by section 36(8)) (remand in
hospital);

(b) 5section 40(1) and (3) (effect of hospital orders and interim hospital
orders);

(c) section 45B(1) (effect of hospital directions and limitation directions).

(3) Section 47(2) (period within which person subject to transfer direction must
be received into hospital) has effect as if for “14 days” there were substituted
10“28 days”.

(4) This paragraph applies, during a period for which it has effect, only in
relation to a person in respect of whom an order or direction is made after
the beginning of that period.

Administration of medicine to persons liable to detention in hospital

9 (1) 15The approved clinician in charge of treatment within section 58(1)(b)
(administration of medicine for more than three months) may give a
certificate under section 58(3)(b) (appropriateness of treatment without
consent) if the clinician considers that complying with the requirement
under that provision for the certificate to be given by a registered medical
20practitioner other than that clinician or the responsible clinician is
impractical or would involve undesirable delay.

(2) A registered medical practitioner (or an approved clinician acting in
accordance with sub-paragraph (1)) may give a certificate under section
58(3)(b) having consulted only one other person, if the practitioner (or
25clinician) considers that complying with the requirement under section 58(4)
for consultation with two other persons is impractical or would involve
undesirable delay.

(3) The person consulted in accordance with sub-paragraph (2)

(a) must have been professionally concerned with the patient’s medical
30treatment, and

(b) must not be a nurse, a registered medical practitioner, the
responsible clinician or the approved clinician in charge of the
treatment in question.

Detention in place of safety

10 35Sections 135(3ZA) and 136(2A) (period of detention in a place of safety) and
136B (extension of detention) have effect in relation to a person detained
after the beginning of any period for which this paragraph has effect as if for
“24 hours” (in each place where it occurs) there were substituted “36 hours”.

Part 3 40Transitional provision

11 Paragraph 4(2) or (3), 8(3) or 10 continues to apply after the end of a period
for which it has effect for the purposes of determining the length of any
period which has begun before the end of that period.

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12 Where, by virtue of paragraph 5, a person has been remanded under section
35(7) or 36(6) for more than 12 weeks in all, the person may not be further
remanded under that provision after the end of a period for which that
paragraph has effect.

13 (1) 5Paragraph 8(1) continues to apply after the end of a period for which it has
effect in relation to any order or direction made during that period, subject
to sub-paragraph (2).

(2) The constable or other person whose duty is modified by that provision
must in any event convey the person concerned to the requisite hospital
10within the period of seven days beginning with the day on which the period
referred to in sub-paragraph (1) ends.

Section 9

SCHEDULE 8 Mental health: Scotland

Part 1 15Introductory provision etc

Interpretation

1 (1) References in Part 2 of this Schedule to sections and schedules are to sections
and schedules of the Mental Health (Care and Treatment) (Scotland) Act
2003 (“the 2003 Act”).

(2) 20Expressions used in Part 2 of this Schedule and in the 2003 Act have the same
meaning as in that Act.

(3) References in Part 3 of this Schedule to sections are to sections of the
Criminal Procedure (Scotland) Act 1995 (“the 1995 Act”).

(4) Expressions used in Part 3 of this Schedule and in the 1995 Act have the same
25meaning as in that Act.

Forms

2 Where any form prescribed for use in connection with a provision of the
2003 Act or the 1995 Act is inconsistent with a modification made by Part 2
or (as the case may be) Part 3 of this Schedule, the form—

(a) 30may, in connection with the provision as so modified, be used with
appropriate amendments;

(b) is otherwise, for use in that connection, to be read with such
amendments as are necessary to reflect the modification.

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Part 2 Modifications of the Mental Health (Care and Treatment) (Scotland) Act
2003

Emergency detention

3 5Section 36(8)(b) (emergency detention: period for which patient may be
detained in hospital) has effect as if for “72 hours” there were substituted
“120 hours”.

Short-term detention certificates

4 (1) An approved medical practitioner may grant a short-term detention
10certificate in respect of a patient under section 44(1) without consulting a
mental health officer if the practitioner considers that compliance with the
requirement under that section to consult a mental health officer (and for the
mental health officer to consent to the granting of the certificate) is
impractical or would involve undesirable delay.

(2) 15Sub-paragraphs (3) to (6) apply where a short-term detention certificate (the
“first certificate”) is in force in respect of a patient.

(3) Despite section 44(1)(b), an approved medical practitioner may grant one
further short-term detention certificate (the “second certificate”) in respect of
the patient under section 44(1).

(4) 20The second certificate may be granted before or on the expiry of the first
certificate.

(5) If the second certificate is granted before the expiry of the first certificate, the
first certificate expires on the granting of the second certificate.

(6) If the approved medical practitioner grants a second certificate, the
25practitioner must record the reasons why it has been impracticable to apply
instead for a compulsory treatment order.

(7) Other than as mentioned in sub-paragraphs (3) to (6), section 44 (as modified
by sub-paragraph (1)) applies in relation to a second certificate as it applies
in relation to a first certificate.

30Compulsory treatment orders

5 (1) An application by a mental health officer under section 63 may be founded
on a mental health report from a single approved medical practitioner (who
may be the practitioner making the application) if the approved medical
practitioner considers that compliance with the requirement under that
35section for mental health reports from two medical practitioners is
impractical or would involve undesirable delay.

(2) A single mental health report must otherwise comply with the requirements
of section 57.

Transfer for treatment directions

6 40A transfer for treatment direction may be made under section 136(2) if the
Scottish Ministers—

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(a) are satisfied that complying with the requirement under that section
for reports from two medical practitioners is impractical or would
involve undesirable delay, and

(b) are satisfied of the matters mentioned in subsections (3) and (4) of
5that section by a report from a single approved medical practitioner,

and any other conditions for the exercise of the power are met.

Nurse’s power to detain pending medical examination

7 Section 299(2) (nurse’s power to detain pending medical examination) has
effect as if for “3 hours” there were substituted “6 hours”.

10Admission to hospital

8 Section 136(3) and (6) have effect as if references to admitting a person to
hospital within the period of 7 days were references to doing so within that
period or as soon as practicable after the end of that period.

Suspension of requirements to review orders and directions authorising detention

9 (1) 15The provisions listed in sub-paragraph (2) are suspended.

(2) Those provisions are—

(a) section 77 (first mandatory review of compulsory treatment order);

(b) section 78 (further mandatory reviews of compulsory treatment
order);

(c) 20section 139 (first review of compulsion order);

(d) section 140 (further reviews of compulsion order);

(e) section 182 (review of compulsion and restriction order);

(f) section 189 (reference to Tribunal by Scottish Ministers);

(g) section 206 (review of hospital direction and transfer for treatment
25direction);

(h) section 213 (hospital direction and transfer for treatment direction:
reference to Tribunal).

Administration of medicine

10 Medicine (as defined in section 240) may be given to a patient without a
30certificate under section 241(1) if the patient’s responsible medical officer
has requested a certificate from a designated medical practitioner but the
practitioner has not yet issued a certificate (and a certificate has not been
refused).

Constitution of Mental Health Tribunal for Scotland

11 35The Tribunal may consist of—

(a) the President or a single member selected by the President from the
panel mentioned in paragraph 1(1)(a) of schedule 2 (“the convener”),
or

(b) the convener and a member selected by the President from the panel
40mentioned in paragraph 1(1)(b) or (c) of that schedule,

if it is impractical to comply with paragraph 7(3) of that schedule.

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Part 3 Modifications of the Criminal Procedure (Scotland) Act 1995

Assessment orders: extension

12 Section 52G(4A)(b) (period for which assessment order may be extended:
5end point) has effect as if for the words “14 days” there were substituted “12
weeks”.

Court orders authorising detention

13 (1) Any power of a court under a provision listed in sub-paragraph (2) may be
exercised if the court—

(a) 10is satisfied that complying with the requirement under that
provision for the written or oral evidence of two medical
practitioners is impractical or would involve undesirable delay, and

(b) is satisfied on the written or oral evidence of a single approved
medical practitioner of the matters of which it would (but for this
15paragraph) have to be satisfied on the evidence of two practitioners,

and any other conditions for the exercise of the power are met.

(2) Those provisions are—

(a) section 52M(2) (treatment order);

(b) section 53(2) (interim compulsion order);

(c) 20section 54(1) (temporary compulsion order);

(d) section 57A(2), (5) and (6) (compulsion order);

(e) section 59A(2) (hospital direction);

(f) section 60C(2) (acquitted persons: detention for medical
examination).

25Admission to hospital

14 (1) The provisions listed in sub-paragraph (2) have effect as if references to
admitting a person to hospital within the period of 7 days were references to
doing so within that period or as soon as practicable after the end of that
period.

(2) 30Those provisions are—

(a) section 53(8) (interim compulsion order);

(b) section 54(2B) (temporary compulsion order);

(c) section 57A(5) (compulsion order);

(d) section 59A(4) and (7) (hospital direction).

35Part 4 Modifications of subordinate legislation

The Mental Health Tribunal for Scotland (Practice and Procedure) (No. 2) Rules 2005 (SSI
2005/519)

15 If the Tribunal considers that it would be impractical to hold a hearing rule
4058 of the Mental Health Tribunal for Scotland (Practice and Procedure) (No.

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2) Rules 2005 (power of Tribunal to decide case without a hearing) applies
as if rule 58(1)(d) to (f), (2)(b) to (e), (3) and (4) were omitted.

The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 (SSI 2017/174)

16 (1) The Mental Health (Conflict of Interest) (Scotland) Regulations 2017 apply
as if the regulations mentioned in sub-paragraph (2) (all of which make
5provision about circumstances in which there is to be taken to be a conflict
of interest for medical practitioners) were omitted.

(2) Those regulations are—

(a) regulation 2(b);

(b) regulation 4(1)(c) and (d), (2) and (3);

(c) 10regulation 5(1)(b) and (2).

Section 9

SCHEDULE 9 Mental health: Northern Ireland

Part 1 Introductory provision etc

15Interpretation

1 (1) In this Schedule—

  • “the 1986 Order” means the Mental Health (Northern Ireland) Order
    1986 (S.I. 1986/595 (N.I. 4));

  • “the 1986 Regulations” means the Mental Health (Nurses,
    20Guardianship, Consent to Treatment and Prescribed Forms)
    Regulations (Northern Ireland) 1986 (S.R. (N.I.) 1986 No. 174);

  • “the Department of Health” means the Department of Health in
    Northern Ireland;

  • an “RQIA practitioner” means a medical practitioner appointed for the
    25purposes of Part 2 of the 1986 Order by RQIA.

(2) In this Schedule—

(a) references to Articles are to Articles of the 1986 Order;

(b) references to Forms are to the Forms set out in the Schedule to the
1986 Regulations.

(3) 30Expressions used in this Schedule and in the 1986 Order have the meaning
given in that Order.

Prescribed forms

2 Where any form prescribed for use in connection with a provision of the
1986 Order is inconsistent with a modification made by Part 2 of this
35Schedule, the form—

(a) may, in connection with the provision as so modified, be used with
appropriate amendments;

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(b) is otherwise, for use in that connection, to be read with such
amendments as are necessary to reflect the modification.

Part 2 Modifications of the Mental Health (Northern Ireland) Order 1986

5Applications for compulsory admission to hospital for assessment

3 (1) An application for assessment may be made by a relevant social worker in
accordance with Article 4 if the social worker is of the opinion that an
application should be made but that it is impractical or would involve
undesirable delay for the application to be made by an approved social
10worker.

(2) A patient may be admitted to hospital for assessment and there detained for
the period allowed by Article 9 (as modified by paragraph 6), in pursuance
of such an application; and—

(a) references in Part 2 of the 1986 Order to an application for admission
15for assessment made in accordance with Article 4, or duly completed
or made under or in accordance with that Part, include an
application for assessment duly completed or made by a relevant
social worker in reliance on this paragraph; and

(b) in relation to such an application, references in the 1986 Order to “the
20applicant” include the relevant social worker who made the
application.

(3) A relevant social worker who is proposing to make an application in reliance
on this paragraph must inform the patient, and where practicable the person
(if any) appearing to the relevant social worker to be the nearest relative of
25the patient, that—

(a) the application is being made in reliance on this paragraph, and

(b) the social worker is of the opinion referred to in sub-paragraph (1).

(4) Article 5(2) (person making application must have personally seen patient
not more than 2 days before date of application) has effect in relation to an
30application for assessment made during a period for which this sub-
paragraph has effect (whether by an approved social worker or a relevant
social worker) as if for “two days” there were substituted “five days”.

(5) An application for assessment made by a relevant social worker in reliance
on this paragraph must be accompanied by a written statement complying
35with sub-paragraphs (6) and (7).

(6) The statement must specify—

(a) that the application is being made in reliance on this paragraph,

(b) that the social worker is of the opinion referred to in sub-paragraph
(1),

(c) 40that the social worker is registered in accordance with and has the
experience required by this paragraph (see the definition of “relevant
social worker” in sub-paragraph (10)),

(d) that the social worker has informed the patient in accordance with
sub-paragraph (3), and

(e) 45whether the social worker has informed the person appearing to the
social worker to be the nearest relative of the patient in accordance