Mental Health Act 2013

The Minister, by notice in the Gazette, may revoke an approval under section 140 if satisfied that – the relevant premises are no longer suitable for use as such an approved facility; or the controlling authority (or a prospective new controlling authority) is not a suitable body or person to be in charge of such an approved facility; or standing orders, clinical guidelines or Tribunal guidelines are being materially or repeatedly contravened at the approved facility; or the relevant premises are no longer being used as an approved facility; or the relevant premises have been destroyed or damaged (other than superficially) by fire or other natural causes; or the relevant premises have been or are to be demolished (with or without any intention to rebuild); or the controlling authority or owner (or a prospective new controlling authority or owner) proposes to put the premises to different use; or there are other reasonable grounds for the revocation.

The Minister is not to revoke a declaration relating to non-government premises unless the Minister has – notified the controlling authority and given it a reasonable opportunity to make representations on the proposed revocation; and considered any such representations.

However, subsection (2) does not apply if – the Minister is satisfied that the approved facility has already been demolished or destroyed; or the controlling authority has requested the revocation.

A notice under subsection (1) is to specify when the revocation takes effect.

When the revocation takes effect, the relevant premises cease to be, as the case may be, an approved hospital, approved assessment centre or SMHU.