Official explanatory note: "This Order is the third commencement order made under the Mental Health Act 2007 and brings into force the sections of that Act set out in article 2 on 1st October 2007, section 26 on 1st December 2007 and section 43 on 1st January 2008."

1/10/07

(a)Section 19 (approval of courses etc for approved mental health professionals);

(b)Section 20 (amendment to section 62 of Care Standards Act 2000 F2 );

(c)Section 39 (cross-border arrangements) , sub-section (1), and sub-section (2) insofar as it gives effect to the following paragraphs of Schedule 5 —

(i)4 insofar as it inserts section 80D into the Mental Health Act 1983 F3 ;

(ii)7;

(iii)8;

(iv)9;

(v)11;

(vi)13;

(vii)18(a);

(viii)19; and

(ix)21(2)(c);

(d)Section 40 (restriction orders);

(e)Section 41 (conditionally discharged patients subject to limitation directions);

(f)Section 42 (offence of ill-treatment: increase in maximum penalty on conviction on indictment);

(g)Section 46 (local health boards); and

(h)Section 49 (independent mental capacity advocacy service: exceptions).

1/12/07

Section 26 is entitled "civil partners" and amends s26 and s27.

1/1/08

Section 43 is entitled "information admission of patients aged 16 and 17" and amends s131.

Resources

Statute Law Database

Mental Health Act 2007 (Commencement No. 3) Order 2007: action for NHS bodies and local social services authorities - Guidance on DH website, 26/9/07

Explanation of the provisions for early implementation - from DH website