# The Mental Health (Conflicts of Interest) (England) Regulations 2008, Regulation 6: Potential conflict of interest for professional reasons


(1) When considering making an application or considering giving a medical recommendation in respect of a patient, an assessor shall have a potential conflict of interest for professional reasons if the assessor—
(a) directs the work of, or employs, the patient or one of the other assessors making that consideration;
(b) except where paragraph (3) applies, is a member of a team organised to work together for clinical purposes on a routine basis and—
(i) the patient is a member of the same team, or
(ii) the other two assessors are members of the same team.
(2) Where the patient’s nearest relative is making an application, a registered medical practitioner who is considering giving a medical recommendation in respect of that patient shall have a potential conflict of interest for professional reasons if that registered medical practitioner—
(a) directs the work of, or employs, the nearest relative, or
(b) works under the direction of, or is employed by, the patient’s nearest relative.
(3) Paragraph (1)(b) shall not prevent a registered medical practitioner giving a medical recommendation or an AMHP making an application if, in their opinion, it is of urgent necessity for an application to be made and a delay would involve serious risk to the health or safety of the patient or others.

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Source: https://www.legislation.gov.uk/uksi/2008/1205/regulation/6 (the official version)
Page: https://openlegislation.uk/mental-health-conflicts-of-interest-england-regulations-2008/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.