Mental Health, England Citation, commencement and application 1 1 These Regulations may be cited as the Mental Health (Conflicts of Interest) (England) Regulations 2008 and shall come into force on 3rd November 2008. 2 These Regulations apply in relation to England only. Interpretation 2 In these Regulations— “ the Act ” means the Mental Health Act 1983; “ AMHP ” means an approved mental health professional; “application” means an application mentioned in section 11(1) of the Act; “assessor” means— an AMHP, or a registered medical practitioner. General 3 Regulations 4 to 7 set out the circumstances in which there would be a potential conflict of interest within the meaning of section 12A(1) of the Act such that an AMHP shall not make an application or a registered medical practitioner shall not give a medical recommendation. Potential conflict for financial reasons 4 1 An assessor shall have a potential conflict of interest for financial reasons if the assessor has a financial interest in the outcome of a decision whether or not to make an application or give a medical recommendation. 2 Where an application for the admission of the patient to a hospital which is a registered establishment is being considered, a registered medical practitioner who is on the staff of that hospital shall have a potential conflict of interest for financial reasons where the other medical recommendation is given by a registered medical practitioner who is also on the staff of that hospital. Potential conflict of interest for business reasons 5 1 When considering making an application or considering giving a medical recommendation in respect of a patient, an assessor shall have a potential conflict of interest for business reasons if both the assessor and the patient or another assessor are closely involved in the same business venture, including being a partner, director, other office-holder or major shareholder of that venture. 2 Where the patient’s nearest relative is making an application, a registered medical practitioner who is considering giving a medical recommendation in respect of that patient shall have a potential conflict of interest for business reasons if that registered medical practitioner and the nearest relative are both closely involved in the same business venture, including being a partner, director, other office-holder or major shareholder of that venture. Potential conflict of interest for professional reasons 6 1 When considering making an application or considering giving a medical recommendation in respect of a patient, an assessor shall have a potential conflict of interest for professional reasons if the assessor— a directs the work of, or employs, the patient or one of the other assessors making that consideration; b except where paragraph (3) applies, is a member of a team organised to work together for clinical purposes on a routine basis and— i the patient is a member of the same team, or ii the other two assessors are members of the same team. 2 Where the patient’s nearest relative is making an application, a registered medical practitioner who is considering giving a medical recommendation in respect of that patient shall have a potential conflict of interest for professional reasons if that registered medical practitioner— a directs the work of, or employs, the nearest relative, or b works under the direction of, or is employed by, the patient’s nearest relative. 3 Paragraph (1)(b) shall not prevent a registered medical practitioner giving a medical recommendation or an AMHP making an application if, in their opinion, it is of urgent necessity for an application to be made and a delay would involve serious risk to the health or safety of the patient or others. Potential conflict of interest on the basis of a personal relationship 7 1 An assessor who is considering making an application or considering giving a medical recommendation in respect of a patient, shall have a potential conflict of interest on the basis of a personal relationship if that assessor is— a related to a relevant person in the first degree; b related to a relevant person in the second degree; c related to a relevant person as a half-sister or half-brother; d the spouse, ex-spouse, civil partner or ex-civil partner of a relevant person, or e living with a relevant person as if they were a spouse or a civil partner. 2 For the purposes of this regulation— a “relevant person” means another assessor, the patient, or, if the nearest relative is making the application, the nearest relative; b “related in the first degree” means as a parent, sister, brother, son or daughter and includes step relationships; c “related in the second degree” means as an uncle, aunt, grandparent, grandchild, first cousin, nephew, niece, parent-in-law, grandparent-in-law, grandchild-in-law, sister-in-law, brother-in-law, son-in-law or daughter-in-law and includes step relationships; d references to step relationships and in-laws in sub-paragraphs (b) and (c) are to be read in accordance with section 246 of the Civil Partnership Act 2004 . Signed by authority of the Secretary of State for Health. Ivan Lewis Parliamentary Under-Secretary of State Department of Health 28th April 2008