Mental Health Act 2007 (Commencement No. 11) Order 2010
This order brings new s131A (Accommodation, etc for children) into force from 1/4/10. It applies to patients under 18 who are liable to be detained under the MHA or admitted informally. The hospital managers must ensure that the patient's environment is suitable having regard to his age (subject to his needs); they must consult a person with knowledge or experience of such cases. SI 2010/143.
This Order brings into force section 31(3) of the Mental Health Act 2007 (“the 2007 Act”). Section 31(3) of the 2007 Act inserts a new provision (section 131A) into the Mental Health Act 1983 (c.20) (“the 1983 Act”). New section 131A applies to patients under the age of 18 who are liable to be detained in hospital under the 1983 Act, or are admitted to hospital as informal patients under section 131 of the 1983 Act. It imposes a duty on the hospital managers to ensure the environment of such patients is suitable having regard to their age, subject to their needs. In order to decide how to fulfil this duty, the managers must consult people who they think suitable on account of their knowledge or experience of cases involving such patients.