Mental Health Act 20266

Grant or refusal of registration of acute mental health centres

153. (1) Where the Commission receives an application under section 149 , the Commission may—

(a) register the acute mental health centre where it is satisfied of the matters under paragraphs (a), (b) and (c) of subsection (3),

(b) register the acute mental health centre subject to such conditions as it may attach to the registration, or

(c) refuse to register the acute mental health centre.

(2) The Commission shall visit a mental health service in respect of which a person has applied for registration as a registered acute mental health centre within a prescribed period and take any findings into consideration when assessing the application for registration.

(3) Subject to subsection (5), the Commission shall not register an acute mental health centre unless the Commission is satisfied that—

(a) the registered person meets the requirements of section 170 ,

(b) the registered proprietor has complied with all requirements imposed on the registered proprietor under this Act and any regulations made thereunder following an assessment of the proposed registered proprietor under section 168 , and

(c) the responsible person fulfils the criteria for a responsible person as set out in section 171 .

(4) Where the Commission registers the acute mental health centre under this section, the Commission shall issue a certificate of registration to the person who made the application under section 149 and shall notify the person of the registration of the acute mental health centre and such notification shall specify:

(a) the name of the acute mental health centre the subject of the registration concerned;

(b) the premises to which the registration relates;

(c) in the case of registration which is subject to conditions, the conditions which apply to the registration concerned;

(d) the date from which the registration of the acute mental health centre shall take effect and the date on which the registration ends.

(5) The Commission shall not register the following as a registered acute mental health centre:

(a) a designated centre (within the meaning of the Health Act 2007 );

(b) an institution managed by or on behalf of a Minister of the Government;

(c) that part of an institution in which the majority of persons being cared for and maintained are receiving medical or surgical treatment for illness, injury, disability, palliative, obstetric or gynaecological care;

(d) an institution primarily used for the provision of educational, cultural, recreational, leisure, social or physical activities;

(e) a special care unit (within the meaning of the Health Act 2007 );

(f) a children detention school (within the meaning of section 3 of the Children Act 2001 ).