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An Approved Mental Capacity Professional must review cases under specific circumstances.
The review must be by an Approved Mental Capacity Professional if— (a) the arrangements provide for the cared-for person to reside in a particular place, and it is reasonable to believe that the cared-for person does not wish to reside in that place,
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
Pre-authorisation reviews must not be conducted by certain individuals involved with the cared-for person.
A pre-authorisation review for the purposes of paragraph 18(e) or 19(d) must not be by— (a) a person who is involved—
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
Consultation must involve relevant parties, including those named by the cared-for person and interested individuals.
The following must be consulted— (b) anyone named by the cared-for person as someone to be consulted about arrangements of the kind in question,
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
Determinations and assessments must be made by individuals meeting specific requirements.
The person who makes the determination need not be the same as the person who carries out the assessment.
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
The care home manager must provide a written statement for authorizations under certain conditions.
A statement for the purposes of paragraph 19(a) is a statement in writing by the care home manager— (a) that the cared-for person is aged 18 or over,
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
Responsible bodies may authorize arrangements based on specific conditions, including assessments and consultations.
The responsible body may authorise arrangements— (a) under paragraph 18, if the conditions in that paragraph are met, or
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
Responsible bodies must review and record reasons if they fail to provide authorization records within 72 hours.
If the responsible body has not, within 72 hours of arrangements being authorised, arranged for a copy of the authorisation record to be given or sent to each of the persons mentioned in paragraphs (a) to (d) of sub-paragraph (1), the responsible body must review and record why not.
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
After authorizing arrangements, responsible bodies must provide copies of the authorization record to relevant parties.
After authorising arrangements the responsible body must, without delay, arrange for a copy of the authorisation record to be given or sent to— (a) the cared-for person,
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
Responsible bodies must ensure that cared-for persons understand the nature of arrangements and related matters.
Where arrangements are proposed, the responsible body must as soon as practicable take such steps as are practicable to ensure that— (a) the cared-for person,
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
The information must be accessible and appropriate for cared-for persons and their representatives.
The information must be accessible to, and appropriate to the needs of, cared-for persons and appropriate persons.
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
Information on the effects and processes for authorizing arrangements must be included in published information.
The information must include information on the following matters in particular— (a) the effect of an authorisation; (b) the process for authorising arrangements, including making or carrying out—
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
Responsible bodies must publish information about authorizations under this schedule.
The following must publish information about authorisation of arrangements under this Schedule—
Policy · Procedural statement · From Mental Capacity (Amendment) Act 2019, [page]
The Act mandates that hospital managers ensure patients understand their rights and conditions of detention upon admission.
(1)Where a patient liable to be detained under the principal Act or this Act in a hospital or mental nursing home is to be discharged otherwise than by virtue of an order for discharge made by his nearest relative, the managers of the hospital or mental nursing home shall, subject to subsection (2) below, take such steps as are practicable to inform the person (if any) appearing to them to be the nearest relative of the patient;
Operational · Procedural statement · From Mental Health (Amendment) Act 1982, [page]
The Act establishes a special health authority known as the Mental Health Act Commission to perform certain functions.
(1)The Secretary of State shall under section 11 of the M7National Health Service Act 1977 establish a special health authority to be known as the Mental Health Act Commission.
Policy · Procedural statement · From Mental Health (Amendment) Act 1982, [page]
The Act requires the Secretary of State to keep under review the exercise of powers and discharge of duties related to patient detention.
(1)The Secretary of State shall keep under review the exercise of the powers and the discharge of the duties conferred or imposed by the principal Act and this Act so far as relating to the detention of patients or to patients liable to be detained under those Acts
Operational · Procedural statement · From Mental Health (Amendment) Act 1982, [page]
The Act mandates that the Secretary of State prepare and revise a code of practice for guidance on patient admission and medical treatment.
(1)The Secretary of State shall prepare, and from time to time revise, a code of practice—
Policy · Procedural statement · From Mental Health (Amendment) Act 1982, [page]
The Act requires hospital managers to record and notify patients when postal packets are withheld due to safety concerns.
(5)Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing. (6)Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) above the managers of the hospital shall within seven days give notice of that fact to the patient and, in a case under subsection (2) above, to the person (if known) by whom the postal packet was sent;
Operational · Procedural statement · From Mental Health (Amendment) Act 1982, [page]
The Act allows hospital managers to withhold postal packets from patients if they believe it is necessary for the safety of the patient or others.
(2)Subject to subsection (3) below, a postal packet addressed to a patient detained in a special hospital under the principal Act or this Act may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.
Operational · Procedural statement · From Mental Health (Amendment) Act 1982, [page]
The Act mandates that the Crown Court can order compensation for medical practitioners who prepare reports on a person accused of murder.
(5)F3... the Crown Court may order the payment out of central funds of such sums as appear to it reasonably sufficient to compensate any medical practitioner for the expenses, trouble or loss of time properly incurred by him in preparing and making a report to the court on the mental condition of a person accused of murder.
Financial · Policy statement · From Mental Health (Amendment) Act 1982, [page]
The Act amends the Bail Act 1976 by adding conditions for bail in murder cases.
(6A)In the case of a person accused of murder the court granting bail shall, unless it considers that satisfactory reports on his mental condition have already been obtained, impose conditions of bail—
Policy · Procedural statement · From Mental Health (Amendment) Act 1982, [page]