Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018

Official Consolidated Version

This is an official version of consolidated legislation compiled and issued under the authority of the Legislation (Jersey) Law 2021.

Showing the law from 23 February 2024 to Current

Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018

Article

1             Interpretation. 3

2             Authorized officers: training and experience requirements. 3

3             Approved practitioners: evidence of training and experience requirements. 4

4             SOADs: level of expertise required. 5

5             Determination of age of patients. 5

6             Prescribed forms. 6

7             Citation. 7

part 1  8

form of certificate of age  8

PART 2  9

FORMS PRESCRIBED FOR THE PURPOSES OF THE LAW    9

Table of Legislation History. 62

Table of Endnote References. 62

Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018

1        Interpretation

In this Order –

“General Medical Council” means the body corporate of that name continued by section 1 of the Medical Act 1983 of the United Kingdom;

“Law” means the Mental Health (Jersey) Law 2016;

“Royal College of General Practitioners” means the body corporate of that name established by Royal Charter and registered as a charity under the Charities Act 2011 of the United Kingdom;

“Royal College of Psychiatrists” means the body corporate of that name established by Royal Charter and registered as a charity under the Charities Act 2011 of the United Kingdom.

2        Authorized officers: training and experience requirements

(1)     A person authorized as an officer under Article 6(1) of the Law must be a person who –

(a)     fulfils one of the training requirements in paragraph (2); and

(b)     has the experience specified in paragraph (3).

(2)     The requirements mentioned in paragraph (1)(a) are that the person –

(a)     is trained as an Approved Mental Health Professional within the meaning given by the Mental Health Act 1983 of the United Kingdom, and has completed the Mental Health (Jersey) Law 2016 Introductory Training Programme;

(b)     is trained as a Mental Health Officer within the meaning given by the Mental Health (Scotland) Act 2015 of the Scottish Parliament, and has completed the Mental Health (Jersey) Law 2016 Introductory Training Programme; or

(c)     has completed the Mental Health (Jersey) Law 2016 Authorized Officer Training Programme.

(3)     The experience mentioned in paragraph (1)(b) is not less than 2 years’ experience in such aspects of mental health legislation and practice as the Minister may consider appropriate.

(4)     The training programmes prescribed for the purposes of Article 6 of the Law are the training programmes known by the names mentioned in paragraph (2) and approved by the Minister for those purposes.

3        Approved practitioners: evidence of training and experience requirements[1]

(1)     In order to satisfy the Minister, for the purposes of granting approval under Article 16 of the Law, that a registered medical practitioner has sufficient experience and training in the field of mental health and the operation of legislation relating to mental health, the registered medical practitioner must produce –

(a)     evidence of holding a full registration with licence to practise from the General Medical Council; and

(b)     evidence that he or she also fulfils one of the requirements in paragraph (2) or, where paragraph (3) applies, the requirement in paragraph (4).

(2)     The requirements mentioned in paragraph (1)(b) are that the registered medical practitioner –

(a)     is a member or fellow of the Royal College of Psychiatrists and has attained approval to practise as an approved practitioner following completion of the Mental Health (Jersey) Law 2016 Approved Practitioner Training Programme;

(b)     is a member of the Royal College of General Practitioners appearing on the National Performers List with a minimum of 3 years’ full-time experience including –

(i)      substantial experience in the diagnosis or treatment of mental disorder, and

(ii)      at least 4 months spent in a supervised psychiatric training post within a training programme recognized by the Royal College of Psychiatrists,

and has attained approval to practise as an approved practitioner following completion of the Mental Health (Jersey) Law 2016 Approved Practitioner Training Programme; or

(c)     has –

(i)      a minimum of 3 years’ full-time experience in either a psychiatric training post or a non-consultant career grade post, including in each case substantial experience in the diagnosis or treatment of mental disorder, and

(ii)      attained approval to practise as an approved practitioner following completion of the Mental Health (Jersey) Law 2016 Approved Practitioner Training Programme.

(3)     This paragraph applies where the Minister intends to attach a condition to the approval, under Article 16(2) of the Law, that the registered medical practitioner may exercise the powers under the Law given to approved practitioners only to the extent of being qualified to be appointed as (and therefore having the authority to discharge the functions of) a medical member of the Mental Health Review Tribunal Panel under Article 47 of the Law.

(4)     The requirement mentioned in paragraph (1)(b) is that the registered medical practitioner –

(a)     has such degree of experience or training in mental health matters as would reasonably be expected to provide him or her with enough understanding of the medical issues likely to arise before the Mental Health Review Tribunal to be an effective medical member; and

(b)     where approval under Article 16 of the Law is to be granted after the commencement of the Mental Health (Miscellaneous Provisions and Prescribed Forms) (Amendment No. 2) (Jersey) Order 2021, has completed the Mental Health (Jersey) Law 2016 Approved Practitioner Training Programme.[2]

4        SOADs: level of expertise required

For the purposes of approval for carrying out the functions of a SOAD under Part 6 of the Law, a registered medical practitioner must also be –

(a)     a Member or Fellow of the Royal College of Psychiatrists; and

(b)     registered, on the register of the General Medical Council, as qualified to provide specialist services in the field of mental health.

5        Determination of age of patients

(1)     This Article applies where –

(a)     the date of birth of a patient is material for any of the purposes of the Law, the Capacity Law, or any enactment made under those Laws; but

(b)     the patient’s exact age is not known or cannot be ascertained by reference to a Jersey register.

(2)     Where this Article applies –

(a)     the Minister must determine the patient’s age, in accordance with such information in respect of the patient’s age which the Minister is able to obtain –

(i)      by reference to any birth certificate, passport or other document of identity issued in respect of the patient by an authority having power to do so under the laws in force in any country or territory, or

(ii)      (failing such information, or upon such information being insufficient) by any other reasonable means; and

(b)     the Minister must issue, to the persons listed in paragraph (4), a certificate in the form in Part 1 of the Schedule (a “certificate of age”), specifying the age and deemed date of birth of the patient as so determined.

(3)     The date of birth for the time being entered in a certificate of age is to be treated as the patient’s date of birth for the purposes of the Law, the Capacity Law and any enactment made under those Laws.

(4)     The persons mentioned in paragraph (2)(b) are –

(a)     if the age determined is 16 years or over, the patient;

(b)     subject to consent being given by the patient, the patient’s nearest person; and

(c)     in the case of a patient subject to guardianship, the guardian.

(5)     Where, subsequent to a determination under paragraph (2), the age of the patient is ascertained by reference to a Jersey register, the Minister must revoke the determination.

(6)     In any case other than that described in paragraph (4), where further evidence as to the age of the patient is produced to the Minister, the Minister may vary or revoke a determination under paragraph (2).

(7)     If the Minister varies or revokes a determination, the Minister must give notice of the variation or revocation to any person to whom a certificate of age, relating to that determination, has been issued.

(8)     In this Article –

“Jersey register” means any book, certificate, entry, notice or register held at the Office of the Superintendent Registrar under the Marriage and Civil Status (Jersey) Law 2001;

“patient” includes a person lacking capacity, within the meaning of Part 1 of the Capacity Law, as to determination of his or her own age.

6        Prescribed forms[3]

Part 2 of the Schedule prescribes the forms of documents to be made, given or provided under the Law, as follows –

7        Citation

This Order may be cited as the Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018.

Schedule[4]

part 1

(Article 5)

form of certificate of age

PART 2

(Article 6)

FORMS PRESCRIBED FOR THE PURPOSES OF THE LAW

THIS FORM IS TO BE USED FOR AN EMERGENCY APPLICATION ONLY

Endnotes

Table of Legislation History

Table of Endnote References