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[1], orders as follows –

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[2];

“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

(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: training and experience requirements

(1) For the purposes of approval under Article 16 of the Law, a registered medical practitioner must be a person who –

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

(b) also fulfils one of the requirements in paragraph (2).

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

(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

(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.

(4) The training programmes prescribed for the purposes of Article 16 of the Law are the training programmes known by the names mentioned in paragraph (2) and approved by the Minister for those purposes.

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

(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[3];

“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[4])
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 and commencement

This Order may be cited as the Mental Health (Miscellaneous Provisions and Prescribed Forms) (Jersey) Order 2018 and comes into force immediately following the commencement of the Law.

deputy r.j. renouf of st. ouen

Minister for Health and Social Services

SCHEDULE

part 1

(Article 5)

form of certificate of age

FORM OF CERTIFICATE OF AGE

For the purposes of the Mental Health (Jersey) Law 2016[5] and any Order made thereunder the Minister for Health and Social Services has determined the date of birth of (name of patient) to be the day of (date).