Mental Health Act 2016
sec.246Requirements for use of mechanical restraint on relevant patients
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sec.246 Requirements for use of mechanical restraint on relevant patients
This section applies to a relevant patient. An authorised doctor, or a health practitioner authorised by an authorised doctor, may use mechanical restraint on the relevant patient in the authorised mental health service if— the authorised mental health service is— a high security unit; or another authorised mental health service approved by the chief psychiatrist for the purposes of this part; and the device used is an approved device; and the chief psychiatrist has given approval under section 249 for an authorised doctor to authorise the use of mechanical restraint on the relevant patient; and the use of mechanical restraint on the relevant patient is authorised by an authorised doctor under section 250 ; and the use of mechanical restraint on the relevant patient complies with the restraint, seclusion and other practices policy; and if a reduction and elimination plan for the relevant patient has been approved under section 267 —the use of mechanical restraint on the relevant patient complies with the plan; and the use of mechanical restraint on the relevant patient, including applying the device to the relevant patient, is with no more force than is necessary and reasonable in the circumstances; and the relevant patient is observed continuously while restrained. (sec.246-ssec.1) This section applies to a relevant patient. (sec.246-ssec.2) An authorised doctor, or a health practitioner authorised by an authorised doctor, may use mechanical restraint on the relevant patient in the authorised mental health service if— the authorised mental health service is— a high security unit; or another authorised mental health service approved by the chief psychiatrist for the purposes of this part; and the device used is an approved device; and the chief psychiatrist has given approval under section 249 for an authorised doctor to authorise the use of mechanical restraint on the relevant patient; and the use of mechanical restraint on the relevant patient is authorised by an authorised doctor under section 250 ; and the use of mechanical restraint on the relevant patient complies with the restraint, seclusion and other practices policy; and if a reduction and elimination plan for the relevant patient has been approved under section 267 —the use of mechanical restraint on the relevant patient complies with the plan; and the use of mechanical restraint on the relevant patient, including applying the device to the relevant patient, is with no more force than is necessary and reasonable in the circumstances; and the relevant patient is observed continuously while restrained.
- (a) the authorised mental health service is— (i) a high security unit; or (ii) another authorised mental health service approved by the chief psychiatrist for the purposes of this part; and
- (i) a high security unit; or