Mental Health (Miscellaneous
Provisions and Prescribed Forms) (Jersey) Order 2018
THE MINISTER FOR HEALTH AND SOCIAL SERVICES, in pursuance of Articles 6,
10, 15, 16, 17, 18, 24, 27, 29, 38, 45 and 95 of the Mental Health
(Jersey) Law 2016, orders as
follows –
Commencement [see endnotes]
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
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.
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
The following forms, which are set out in Part 2 of the
Schedule, are those prescribed for the following purposes of the Law –
|
Number identifying form
in Schedule
|
Purpose (and Article of
the Law) for which form is prescribed
|
|
NP1
|
Nomination of nearest person by patient (Article 10(1))
|
|
NP2
|
Nomination of nearest person by Minister (Article 10(2))
|
|
NPRV
|
Revocation of nomination of nearest person (Article 10(5))
|
|
EA
|
Emergency authorization of admission (Article 15)
|
|
ND
|
Authorization by nurse of temporary detention (Article 17)
|
|
AA
|
Application for admission for assessment or for treatment (Articles 18,
21, 22)
|
|
JMRA
|
Joint medical recommendation for admission
(Articles 18, 19, 21, 22)
|
|
SMRA
|
Single medical recommendation for admission
(Articles 18, 19, 21, 22)
|
|
STL
|
Authorization of short term leave of absence (Article 24)
|
|
LTL
|
Authorization of long term leave of absence (Article 24)
|
|
DP
|
Direction for discharge of patient (Article 27)
|
|
RPWO
|
Return to detention of patient absent without leave
(Article 28)
|
|
AG
|
Application for admission into guardianship (Article 29)
|
|
JMRG
|
Joint medical recommendation for guardianship (Article 29)
|
|
SMRG
|
Single medical recommendation for guardianship (Article 29)
|
|
GTAEG
|
Application for transfer of patient into guardianship
(Article 32 and Regulation 4 of the Mental Health
(Guardianship) (Jersey) Regulations 2018)
|
|
GTGAE
|
Application for transfer of patient to approved establishment from
guardianship (Article 32 and Regulation 5 of the Mental Health
(Guardianship) (Jersey) Regulations 2018)
|
|
SOAD40
|
Certificate of patient’s consent and of SOAD’s opinion
that patient is capable of consenting and that giving of treatment is
appropriate (Article 40)
|
|
PC41
|
Certificate of patient’s consent to treatment
(Article 41)
|
|
SOAD41
|
Certificate of SOAD’s opinion that patient has not consented
to receive treatment or is not capable of consenting to treatment
(Article 41)
|
7 Citation
This Order may be cited as the Mental Health (Miscellaneous
Provisions and Prescribed Forms) (Jersey) Order 2018.