Mental Health (Approval Functions) Act 2012

This Act states: 'Any person who before the day on which this Act is passed has done anything in the purported exercise of an approval function is to be treated for all purposes as having had the power to do so.' It defines 'approval function' as: '(a) the function of giving an approval for the purposes of section 12 of the Mental Health Act 1983 (practitioners approved to give medical recommendations), or (b) the function of approving a person as an approved clinician for the purposes of that Act.' The Secretary of State's approval functions were lawfully delegated to Strategic Health Authorities on their formation in 2002. This Act was passed with it was discovered that four SHAs had unlawfully delegated these functions to NHS mental health trusts. In force 31/10/12.

External links

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Parliament website: Mental Health (Approval Functions) Act 2012-13. Progress of the Bill; explanatory notes.

Parliament website, 'Lords considers Mental Health (Approval Functions) Bill' (1/12/12)

They Work For You: Commons debates on 30/10/12.

Dept of Health, 'Action to clarify processes under the Mental Health Act' (press release, 29/10/12)

Dept of Health, 'Technical change to the process for approving doctors working under the Mental Health Act' (letter to Local Authority Directors of Adult Social Services, 29/10/12)