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BERMUDA

MENTAL HEALTH (TRANSITIONAL) REGULATIONS 2020

BR 110 / 2020

The Minister responsible for health, in exercise of the power conferred by section 25(1) of the Mental Health Amendment Act 2019, makes the following Regulations:

Citation

1 These Regulations may be cited as the Mental Health (Transitional) Regulations

2020.

2. Temporary suspension of application of certain provisions of Part IIIB of the Mental Health Act 1968

(1) In accordance with section 25(2) of the Mental Health Amendment Act 2019, that Act comes into operation on 31 October 2020.

(2) However section 48Q(2) and (3) of Part IIIB of the Mental Health Act 1968 (as inserted by section 14 of the Mental Health Amendment Act 2019) shall not apply for the period of six months, commencing 31 October 2020, in respect of the administration of any medicine (to which section 48Q(1)(a) refers) to a patient—

(a) who is detained in hospital; and

(b) to whom the conditions set out in paragraph (3) apply.

(3) The conditions referred to in paragraph (2)(b) are that—

(a) the detention of the patient began before 31 October 2020;

(b) the patient has, for a period of at least three months immediately preceding

31 October 2020, been administered medicine; and

(c) section 48Q(2) and (3) have not been complied with in respect of any such medicine previously administered to the patient during the period mentioned in subparagraph (b) above.

MENTAL HEALTH (TRANSITIONAL) REGULATIONS 2020

Commencement

3 These Regulations shall come into operation on 31 October 2020.

Made this 12th day of October 2020

Minister of Health

[Operative Date: 31 October 2020]