Mental Health
(Guardianship) (Jersey) Regulations 2018
1 Interpretation
In these
Regulations –
“Law” means
the Mental Health
(Jersey) Law 2016;
“private guardian”
means, in relation to a patient, a person (other than the Minister) who is
named as a guardian under Part 4 of the Law.
2 General
duties of private guardians
(1) In
exercising powers conferred or duties imposed on a private guardian by the Law
or these Regulations, the private guardian must comply with such Orders as may
be made or such directions as may be given by the Minister.
(2) A
private guardian must furnish the Minister with all such reports or other
information with regard to the patient as the Minister may from time to time
require.
(3) On
reception of the patient into his or her guardianship (other than as a result
of a transfer under Regulation 3 or 4 or Article 32 of the Law), a
private guardian must notify the Minister of the private guardian’s
address and the address of the patient.
(4) On
any permanent change of either address mentioned in paragraph (3) a
private guardian must notify the Minister of the new address, either before or
no later than 7 days after the change.
(5) A
private guardian must notify the Minister of the name and address of the
patient’s responsible medical officer and general practitioner.
(6) On
any change of the patient’s responsible medical officer or general
practitioner, a private guardian must notify the Minister of the name and
address of the new responsible medical officer or general practitioner.
(7) A
private guardian must notify the Minister, as soon as reasonably practicable,
of the death of the patient.
(8) A
private guardian must maintain a care plan with regard to the patient, in
accordance with any requirements specified as to such plans in a code of
practice issued by the Minister.
(9) Any
notification required to be given under this Regulation must be given in
writing.
3 Duties
arising upon, and arrangements for, transfer of patient between guardians
(1) Paragraph (2)
applies where it appears to the Minister that a private guardian –
(a) has
performed his or her function negligently or in a manner contrary to the
interests of the patient;
(b) is
incapacitated by illness or any other cause from acting as guardian in relation
to the patient; or
(c) is
otherwise no longer a fit and proper person so to act.
(2) Where
this paragraph applies, the Minister must notify the private guardian
(“G1”) in writing –
(a) that
the patient is to be transferred, within a specified period, out of the
guardianship of G1 under Article 32(2) of the Law; and
(b) of
the reasons why it appears to the Minister that such a transfer should be made.
(3) Where
a private guardian considers himself or herself to be unfit or unable to act as
such by reason of illness or any other cause, the private guardian must notify
the Minister, in writing or in such form as may be prescribed, of that fact and
of his or her consent to the transfer of the patient out of his or her
guardianship into the guardianship of such other person and under such
arrangements as the Minister may see fit to make under Article 32 of the
Law.
(4) The
Minister must notify in writing any private guardian into whose guardianship a
patient is to be transferred (“G2”) under Article 32(2) of the
Law, of the arrangements made for the proposed transfer.
(5) Where
the arrangements made for the proposed transfer of a patient under Article 32(2)
of the Law name a person other than the Minister as guardian, the transfer
shall not take place unless the Minister receives from G2 his or her consent,
in such form as may be prescribed, to act as guardian in relation to the
patient.
(6) Upon
receipt of notification under paragraph (3) or of G2’s consent under
paragraph (5), and having notified the patient’s responsible medical
officer in writing of the arrangements made for the transfer, the Minister must
authorize the transfer and specify the period within which the transfer is to
take place.
(7) Where
the Minister authorizes a transfer under this Regulation, the Minister must
give notice of the authorization –
(a) to
the patient’s responsible medical officer, before the transfer takes
place; and
(b) in
writing to the patient’s nearest person, either before the transfer takes
place or as soon as reasonably practicable thereafter.
(8) Authorization
under this Regulation shall be sufficient authority for the Minister, G2 or a
person authorized for the purpose by the Minister to take the patient and
convey him or her, within the period of 14 days beginning with the date of
the authorization, to such place as may be specified for his or her reception
into the guardianship of G2.
4 Transfer
of patient into guardianship from approved establishment
(1) An
application for the transfer into guardianship of a person who is liable to be
detained in an approved establishment must be made in writing by an authorized
officer to the Minister and in accordance with this Regulation.
(2) The
provisions of Article 29 of the Law shall apply in relation to an
application under paragraph (1) as though such an application were an
application under that Article for reception of a patient into guardianship,
except that paragraphs (2)(b) and (3) to (5) of that Article shall not
apply, but instead of those provisions –
(a) the
application must contain a statement that in the opinion of a registered
medical practitioner who is an approved practitioner, the grounds stated in
paragraph (3) are met; and
(b) the
application must include, or be accompanied by, the recommendation of the
approved practitioner (the “medical recommendation”) as to which
Article 19 of the Law shall apply as if the application were an
application under Part 3.
(3) The
grounds mentioned in paragraph (2)(a) are that –
(a) the
patient appears to be suffering from mental disorder of a nature or degree
which warrants the reception of the patient into guardianship; and
(b) it is
necessary in the interests of the patient’s welfare for the patient to be
transferred from the approved establishment in which he or she is detained, and
received into guardianship.
(4) Where
the Minister agrees to the transfer the Minister must authorize the transfer
and specify the period within which the transfer must take place,
and –
(a) authorization
under this Regulation shall be sufficient authority for the managers of the
approved establishment, or a person authorized for the purpose by the managers,
to take the patient and convey him or her, within the period of 14 days
beginning with the date on which the approved practitioner last examined the
patient, to such place as may be specified for his or her reception into
guardianship; and
(b) Article 30(1)
to (4) of the Law shall apply in relation to such an authorization as those
provisions apply in relation to a guardianship authorization under that
Article.
(5) Where
the Minister authorizes a transfer under this Regulation, the Minister must
give notice in writing of the authorization to –
(a) the
managers of the approved establishment from which the patient is to be
transferred;
(b) the
patient’s nearest person; and
(c)(in the case of a
private guardian) the guardian.
(6) Where
a form of application under this Regulation is prescribed, an application must
be made using that form.
5 Transfer
of patient into approved establishment from guardianship
(1) An
application for the transfer into an approved establishment of a patient who
has been received into guardianship must be made in writing to the Minister and
in accordance with this Regulation.
(2) All
such applications must –
(a) be
made by an authorized officer –
(i) who has
personally seen the patient within the period of 7 days ending with the
date of the application, and
(ii) following
consultation with the patient’s nearest person (unless such consultation
is not reasonably practicable or would involve unreasonable delay) and
responsible medical officer;
and
(b) contain
a statement that, in the opinion of the authorized officer, the grounds stated
in paragraph (3) are met.
(3) The
grounds mentioned in paragraph (2)(b) are that the existing arrangements
made for the patient under guardianship do not provide, or have ceased to
provide, an environment that is –
(a) conducive
to the further assessment or treatment of the patient for the purposes of
preventing a deterioration in the patient’s mental illness and condition;
or
(b) appropriate,
having regard to the need for protection of other persons.
(4) The
Minister must not authorize the transfer of a patient into an approved
establishment unless the Minister is satisfied that the managers of the
approved establishment –
(a) consent
to the transfer; and
(b) have
made arrangements sufficient to enable the admission of the patient to the
approved establishment within the period of 14 days beginning with the
date on which the patient was last seen by the authorized officer.
(5) Authorization
under this Regulation shall be sufficient authority for –
(a) the
Minister or a person authorized for the purpose by the Minister to take the
patient and convey him or her, within the period of 14 days beginning with
the date of the authorization, to the approved establishment; and
(b) the
admission and detention of the patient in the approved establishment (and such
detention shall be regarded, for the purposes of the application of Articles 23
to 28 and 50 of the Law and of Regulation 4, as detention pursuant to a
treatment authorization under Article 22 of the Law).
(6) Where
a form of application under this Regulation is prescribed, an application must
be made using that form.
6 Confidentiality
of records to be kept by Minister
The Minister must keep
copies of all applications made, notifications given, and reports or other
information furnished or provided to him or her under these Regulations or Part 4
of the Law, in such a manner as to ensure the confidentiality of the contents
of such applications, notifications, reports or other information.
7 Offences
and penalties
(1) A
private guardian who fails without reasonable excuse to furnish the Minister
with any report or other information as required by the Minister under
Regulation 2 is guilty of an offence and liable to a fine of level 3
on the standard scale.
(2) A
private guardian who fails without reasonable excuse to comply with directions given
by the Minister under these Regulations is guilty of an offence and liable to a
fine of level 2 on the standard scale.
(3) A
private guardian who knowingly or recklessly discloses any information relating
to the patient, the patient’s care or treatment, or the patient’s
guardian or guardianship, or any other similar matter arising in relation to
guardianship under these Regulations or under the Law, otherwise than in
accordance with or for the purposes of the Regulations or the Law, is guilty of
an offence and liable to a fine of level 3 on the standard scale.
(4) A
private guardian who provides, in connection with an application to be made under
these Regulations or under Part 4 of the Law, any information which the
person knows to be false or intends to be misleading is guilty of an offence
and liable to a fine of level 3 on the standard scale.
8 Citation
These Regulations may be cited as the Mental Health (Guardianship)
(Jersey) Regulations 2018.