Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008

This Order brings s44 MHA 2007 into force on 30/4/08, amending s135 and s136 MHA 1983 to allow a patient in a place of safety to be transferred to another (more suitable) place of safety during the 72 hours' detention. It also makes transitional amendments to s135 and s136, as s44 refers to AMHPs which have not yet replaced ASWs.

Change made by Mental Health Act 2007

Patients can be transferred between places of safety under s135 and s136 30/4/08

The transitional provisions

3. Notwithstanding the commencement of section 44 of the 2007 Act and pending the commencement of sections 18 (insofar as not already in force) and 21 of, and Schedule 2 to, the 2007 Act—

(a) section 135(3A) of the 1983 Act, as inserted by subsection (2) of section 44 of the 2007 Act, shall have effect as if “an approved social worker” were substituted for "an approved mental health professional";
(b) section 136(3) of the 1983 Act, as inserted by subsection (3) of section 44 of the 2007 Act, shall have effect as if “an approved social worker” were substituted for "an approved mental health professional".

External links

OPSI:

SLD:

Department of Health: