Where the NR role has been delegated under Reg 24, does this only last for the detention period in which the delegation was made? The Regs refer to the delegation ending on withdrawal of delegation / death of NR or NR ceasing to hold that status by virtue of s.26 / s.29 displacement.
MHA has just informed me that a delegation made in 2022 has now expired because the detention order under which patient was held at the time has been discharged.
This does appear to make sense, as the delegation can be made at ‘any time’ and the patient does not need to be subject to the MHA at the time of the delegation, so how can it be linked to a particular period of detention.
There is no time limit on a delegation of NR powers made under Reg 24. It will only end due to the reasons you mention above, as covered by Richard Jones in his notes on Reg 24.
I agree with Steve. I expect that the MHAN is confusing it with a s29 displacement by the court which does end with the patient’s discharge , in certain circumstances.
The delegation is a formal, continuing arrangement unless actively ended by one of the specified conditions, and is not tied to the initial duration of a particular section (like a 28-day Section 2 or a 6-month Section 3). The delegation and any revocation must be in writing and notified to the relevant parties, such as the hospital managers and the patient.