38 Approval functions
Health and Social Care Act 2012 (2012 c 7) | Legislation

Functions relating to mental health matters

38  Approval functions

(1)     After section 12 of the Mental Health Act 1983 insert—

“12ZA Agreement for exercise of approval function: England

(1)     The Secretary of State may enter into an agreement with another person for an approval function of the Secretary of State to be exercisable by the Secretary of State concurrently—

(a)     with that other person, and

(b)     if a requirement under section 12ZB has effect, with the other person by whom the function is exercisable under that requirement.

(2)     In this section and sections 12ZB and 12ZC, “approval function” means—

(a)     the function under section 12(2), or

(b)     the function of approving persons as approved clinicians.

(3)     An agreement under this section may, in particular, provide for an approval function to be exercisable by the other party—

(a)     in all circumstances or only in specified circumstances;

(b)     in all areas or only in specified areas.

(4)     An agreement under this section may provide for an approval function to be exercisable by the other party—

(a)     for a period specified in the agreement, or

(b)     for a period determined in accordance with the agreement.

(5)     The other

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