Mental Health Act 20266
|
Responsible person | ||
|
171. (1) A registered proprietor shall, as soon as practicable after the commencement of this section and, in any event, not later than 3 months after such commencement, nominate in writing at least one suitably qualified person for the purposes of this Part (in this Act referred to as a “responsible person”). | ||
(2) A responsible person shall be a suitably qualified person by reason of his or her training and experience to discharge the responsibilities of a responsible person. | ||
(3) A responsible person shall have the following responsibilities namely: | ||
(a) carrying on the day-to-day operation of the registered mental health service; | ||
(b) reporting to the registered proprietor on the day-to-day operations of the registered mental health service as necessary and when requested to do so; | ||
(c) ensuring compliance by members of the staff of the registered mental health service with this Act and any regulations made thereunder and any conditions imposed upon the registration of the service; | ||
(d) liaising with the Commission from time to time, including in relation to compliance with this Act and when requested to do so by the Commission. | ||
(4) The Commission shall assess the person proposed to be the responsible person when an application for registration is made under section 149 , 150 or 151 and may— | ||
(a) approve the inclusion of the person nominated on the register where the Commission is of the opinion that the responsible person is a suitably qualified person in accordance with subsection (2) and has complied with all requirements imposed on the responsible person under this Act or any regulations made thereunder, or | ||
(b) refuse to approve the inclusion of the person nominated on the register where the Commission is of the opinion that the responsible person is not a suitably qualified person in accordance with subsection (2) and has not complied with all requirements imposed on the responsible person under this Act and any regulations made thereunder. | ||
(5) A person nominated under subsection (1) may carry out the responsibilities of a responsible person under this section while awaiting the assessment of the Commission under subsection (4). | ||
(6) A registered proprietor shall, notwithstanding the nomination by the service of the responsible person, at all times remain responsible for, and accountable to the Commission in respect of compliance with this Act and any regulations made thereunder. | ||
(7) Nothing in this section shall be construed as preventing a responsible person from being appointed as the responsible person of more than one registered mental health service. |