# The Care Quality Commission (Registration) Regulations 2009, Regulation 17: Notification of death or unauthorised absence of a service user who is detained or liable to be detained under the Mental Health Act 1983

Extent: E+W

(1) The registered person must notify the Commission without delay of the death in any location or unauthorised absence from a relevant location of a service user who is liable to be detained by the registered person—
(a) under the Mental Health Act 1983 (“the 1983 Act”); or
(b) pursuant to an order or direction made under another enactment (which applies in relation to England), where that detention takes effect as if the order or direction were made pursuant to the provisions of the 1983 Act.
(2) Notification of the death of a service user must include a description of the circumstances of the death.
(2A) The registered person must notify the Commission without delay of the return to a relevant location after a period of unauthorised absence of a service user whose absence is required to be notified under paragraph (1).
(3) In this regulation—
(a) references to persons “liable to be detained” include a community patient who has been recalled to hospital in accordance with section 17E of the 1983 Act, but do not include a patient who has been conditionally discharged and not recalled to hospital in accordance with section 42, 73 or 74 of the 1983 Act;
(b) “community patient” has the same meaning as in section 17A of the 1983 Act;
(c) “hospital” means a hospital within the meaning of Part 2 of that Act; and
(ca) “relevant location” means a location used to provide secure psychiatric services under a contract with an English NHS body or the Secretary of State; and
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Source: https://www.legislation.gov.uk/uksi/2009/3112/regulation/17 (the official version)
Page: https://openlegislation.uk/care-quality-commission-registration-regulations-2009/regulation-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.