Mental Health Act 2007 (Commencement No. 3) Order 2007

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


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


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