From Mental Health Law Online
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."
(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 ;
- (viii)19; and
(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).
Section 43 is entitled "information admission of patients aged 16 and 17" and amends s131.
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