Mental Health Act 20266
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Chapter 6 Regulations for registered mental health services | ||
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Regulations for registration, operation and management of mental health services | ||
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182. (1) Notwithstanding the generality of section 3 and subject to subsection (2), the Minister may, after consultation with the Commission and where appropriate, the Minister for Justice, Home Affairs and Migration, or the Minister for Children, Disability and Equality, as the case may be, make regulations in relation to the registration, operation and management of a registered mental health service including matters relating to the care and treatment of persons in that service. | ||
(2) The Minister may, after consultation with the Commission and the Minister for Justice, Home Affairs and Migration, make regulations in relation to the registration, operation and management of— | ||
(a) designated centres which have been registered as a registered mental health service and which may include the Central Mental Hospital, or | ||
(b) the Central Mental Hospital only, | ||
including matters related to the care and treatment of persons in those centres or that Hospital. | ||
(3) Without prejudice to the generality of subsections (1) and (2), regulations under subsections (1) and (2) may provide for all or any of the following matters: | ||
(a) the registration of a registered mental health service; | ||
(b) the experience or qualifications required by a registered proprietor, a registered person or a responsible person to carry out the functions of the respective roles; | ||
(c) the maintenance, care and welfare of all persons receiving treatment in a registered mental health service; | ||
(d) the staffing of a registered mental health service including requirements as to the qualifications of members of the staff and the training of such staff; | ||
(e) the design and quality of the premises of a registered mental health service, including accommodation facilities provided in registered acute mental health centres and registered community mental health centres; | ||
(f) the establishment and maintenance of a register of all persons receiving treatment in, or under the care of, a registered mental health service; | ||
(g) the records and reports to be kept and maintained by a registered mental health service; | ||
(h) the development and implementation of community care plans by a registered community mental health centre or by a registered community mental health service; | ||
(i) that, subject to any regulations made under section 53 of the Health Act 2004 , a registered mental health service be required— | ||
(i) to make adequate arrangements for an accessible and effective procedure for dealing with complaints made by or on behalf of a person who is or was receiving any of the services or who is seeking or has sought any such service, | ||
(ii) to nominate a member of the staff of a registered mental health service to be the complaints officer and another member of such staff to be the review officer to investigate and review complaints for the registered mental health service, | ||
(iii) to ensure that persons employed in the registered mental health service are appropriately trained on the arrangements for dealing with complaints, and | ||
(iv) to publicise the arrangements for dealing with complaints; | ||
(j) the development and implementation by a registered mental health service of adequate arrangements for effective risk management policies and procedures for the service; | ||
(k) the information to be provided by a registered mental health service on any relevant advocacy services and access to such services, as appropriate; | ||
(l) any other matters which are necessary or expedient for the purposes of giving effect to subsection (1) or (2). | ||
(4) The Minister may, following consultation with the Minister for Justice, Home Affairs and Migration, provide that regulations made under this section shall apply in the same manner to designated centres as those regulations apply to registered acute mental health centres, and shall specify in the order making the regulations where it shall so apply. | ||
(5) A person who contravenes a provision of a regulation made under subsection (1) or (2) that is stated in the regulations to be a penal provision shall be guilty of an offence and shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 3 months, or to both. |