Mental Health, England Citation, commencement, application and interpretation 1 1 These Regulations may be cited as the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 and come into force on 1st December 2020. 2 These Regulations apply in relation to England only. 3 In these Regulations— a “the 2008 Regulations” means the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 ; b “Schedule 1” means Schedule 1 to the 2008 Regulations. Amendment of regulation 3 2 1 Regulation 3 (documents) of the 2008 Regulations is amended as follows. 2 In paragraph (1)— a omit “delivering it to”; b at the beginning of sub-paragraph (a) insert “delivering it to”; c for sub-paragraph (b), substitute— b sending it by means of electronic communication to the authority, body or person upon whom it is to be served, if that authority, body or person agrees; ; d in sub-paragraph (c), at the beginning omit “by”; e in sub-paragraph (d), at the beginning omit “by”. 3 After paragraph (1) insert— 1A In paragraphs (1)(a) and (b) references to the authority, body or person upon whom a document is to be served include any person authorised by that authority, body or person to receive it. 1B Paragraph (1)(b) does not apply where the person to whom the document is to be served is— a a patient liable to be detained in hospital under Part 2 of the Act, b a community patient, or c a guardianship patient. . 4 For paragraph (2) substitute— 2 Any application for the admission of a patient to hospital under Part 2 of the Act shall be served by— a delivering the application to an officer of the managers of the hospital to which it is proposed that the patient shall be admitted who is authorised by them to receive it, or b sending the application by means of electronic communication to the managers of the hospital to which it is proposed that the patient shall be admitted, whether or not those managers agree. . 5 In paragraph (3)— a at the end of sub-paragraph (b)(i), omit “or”; b at the end of sub-paragraph (b)(ii), omit “or”; c at the end of sub-paragraph (b)(iii), insert— , or iv sending it by means of electronic communication to the managers at that hospital, if those managers agree. . 6 In paragraph (4)— a at the end of sub-paragraph (b)(ii), omit “or”; b at the end of sub-paragraph (b)(iii), insert— , or iv sending it by means of electronic communication to the managers at that hospital, if those managers agree. . 7 In paragraph (5)— a at the end of sub-paragraph (a), omit “or”; b at the end of sub-paragraph (b), insert— , or c sending it by means of electronic communication to the managers of the hospital, if those managers agree. . 8 After paragraph (7) insert— 7A a Subject to sub-paragraph (b), where a document under this regulation is served by means of electronic communication, service is considered to have taken place immediately after it is sent to the recipient. b Where an order or notice referred to in paragraphs (3) or (4) is sent by means of electronic communication, service is considered to have taken place at the beginning of the next business day after the day on which the order or notice was sent. . 9 For paragraph (8) substitute— 8 a Subject to sections 6(3) and 8(3) (proof of applications), any document— i required or authorised by or under Part 2 of the Act or these Regulations, and ii purporting to be signed by a person required or authorised by or under that Part or these Regulations to do so, shall be received in evidence and be deemed to be such a document without further proof. b For the purposes of sub-paragraph (a)— i “signed” includes using an electronic signature; ii “electronic signature” has the same meaning as in section 7(2) of the Electronic Communications Act 2000 . . 10 After paragraph (9) insert— 9A Where under these Regulations a document may be served on hospital managers by means of electronic communication, that document may also be served on an officer of the managers of the hospital authorised by those managers to receive it. . Amendment of regulation 22 3 In regulation 22(2) (duties of private guardians) of the 2008 Regulations omit “or by electronic communication”. Amendment of regulation 24 4 1 Regulation 24 (performance of functions of nearest relative) of the 2008 Regulations is amended as follows. 2 In paragraph (2), at the beginning omit “Subject to paragraph (8),”. 3 Omit paragraph (8). Amendment of regulation 25 5 In regulation 25 (discharge by nearest relative) of the 2008 Regulations, for paragraph (2) substitute— 2 In addition to the methods of serving documents provided for by regulation 3(1), reports under this regulation may be furnished by transmission by facsimile, if the managers of the hospital agree. . Amendment of regulation 26 6 In regulation 26 (provision of information) of the 2008 Regulations, omit paragraph (8). Amendment of Schedule 1 7 1 Schedule 1 (forms for use in connection with compulsory admission to hospital, guardianship and treatment) is amended as follows. 2 In Form A1, for “[PRINT your full name and address]” substitute “[PRINT your full name, address and, if sending by means of electronic communication, email address]”. 3 In Form A2, for “[PRINT your full name and address]” substitute “[PRINT your full name, address and, if sending by means of electronic communication, email address]”. 4 In Form A3— a for “[PRINT full name and address of first practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of first practitioner]”; b for “[PRINT full name and address of second practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of second practitioner]”. 5 In Form A4, for “[PRINT full name and address of medical practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of medical practitioner]”. 6 In Form A5, for “[PRINT your full name and address]” substitute “[PRINT your full name, address and, if sending by means of electronic communication, email address]”. 7 In Form A6, for “[PRINT your full name and address]” substitute “[PRINT your full name, address and, if sending by means of electronic communication, email address]”. 8 In Form A7— a for “[PRINT full name and address of first practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of first practitioner]”; b for “[PRINT name and address of second practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of second practitioner]”. 9 In Form A8, for “[PRINT full name and address of practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of practitioner]”. 10 In Form A9, for “[PRINT your full name and address]” substitute “[PRINT your full name, address and, if sending by means of electronic communication, email address]”. 11 In Form A10, for “[PRINT your full name and address]” substitute “[PRINT your full name, address and, if sending by means of electronic communication, email address]”. 12 In Form A11, for “[PRINT name and address of medical practitioner]”, substitute “[PRINT name, address and, if sending by means of electronic communication, email address of medical practitioner]”. 13 In Form H1— a in Part 1, after “consigning it to the hospital managers’ internal mail system today at [time]”, insert— today sending it to the hospital managers, or a person authorised by them to receive it, by means of electronic communication ; b in Part 2, after “furnished to the hospital managers through their internal mail system”, insert— furnished to the hospital managers, or a person authorised by them to receive it, by means of electronic communication . 14 In Form H5— a in Part 3, after “today consigning it to the hospital managers’ internal mail system.”, insert— today sending it to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. ; b in Part 4, after “furnished to the hospital managers through their internal mail system.”, insert— furnished to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. . 15 In Form H6— a in Part 1, after “today consigning it to the hospital managers’ internal mail system.”, insert— today sending it to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. ; b in Part 2, after “furnished to the hospital managers through their internal mail system”, insert— furnished to the hospital managers, or a person authorised by them to receive it, by means of electronic communication . 16 In Form G1, for “[PRINT your full name and address]” substitute “[PRINT your full name, address and, if sending by means of electronic communication, email address]”. 17 In Form G2, for “[PRINT your full name and address]” substitute “[PRINT your full name, address and, if sending by means of electronic communication, email address]”. 18 In Form G3— a for “[PRINT full name and address of first practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of first practitioner]”; b for “[PRINT full name and address of second practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of second practitioner]”. 19 In Form G4, for “[PRINT full name and address of practitioner]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of practitioner]”. 20 In Form M2— a in Part 1— i after “consigning it to the hospital managers’ internal mail system today at [time].”, insert— today sending it to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. ; ii after “PRINT NAME………………………………………” insert— Email address (if applicable)……………………….. ; b in Part 2, after “furnished to the hospital managers through their internal mail system.”, insert— furnished to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. 21 In Form T1, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 22 In Form T2, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 23 In Form T3, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 24 In Form T4, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 25 In Form T5, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 26 In Form T6, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 27 In Form CTO1, for “[PRINT full name and address of the responsible clinician]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of the responsible clinician]”. 28 In Form CTO2, for “[PRINT full name and address of the responsible clinician]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of the responsible clinician]”. 29 In Form CTO5— a in Part 1, for “[PRINT full name and address of the responsible clinician]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of the responsible clinician]”; b in Part 2, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 30 In Form CTO7— a in Part 1, for “[PRINT full name and address of the responsible clinician]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of the responsible clinician]”; b in Part 2, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”; c in Part 3, after “today consigning it to the hospital managers’ internal mail system.”, insert— today sending it to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. ; d in Part 4, after “furnished to the hospital managers through their internal mail system.”, insert— furnished to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. . 31 In Form CTO8— a in Part 1— i for “[PRINT full name and address of the responsible clinician]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of the responsible clinician]”; ii after “today consigning it to the hospital managers’ internal mail system.”, insert— today sending it to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. ; b in Part 2, after “furnished to the hospital managers through their internal mail system.”, insert— furnished to the hospital managers, or a person authorised by them to receive it, by means of electronic communication. . 32 In Form CTO9— a in Part 1, for “[PRINT full name and address of the responsible clinician]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address of the responsible clinician]”; b in Part 2, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 33 In Form CTO11, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. 34 In Form CTO12, for “[PRINT full name and address]” substitute “[PRINT full name, address and, if sending by means of electronic communication, email address]”. Transitional and saving provisions 8 1 Nothing in these Regulations affects the validity of any form set out in Schedule 1 which is served on an authority, body or person before the date on which these Regulations come into force. 2 Paragraph (3) applies to any document required by the 2008 Regulations to be served in a form set out in Schedule 1 and which is served on any authority, body or person between the date on which these Regulations come into force and 1st February 2021. 3 Where a document to which this paragraph applies is served other than by means of electronic communication, a requirement to serve that document in a form set out in Schedule 1 is met if— a the document is served in a form set out in that Schedule as amended by these Regulations, or b the document is served in a form set out in that Schedule as it applied immediately before the date on which these Regulations come into force. Nadine Dorries Minister of State, Department of Health and Social Care 30th September 2020