Mental Health Act 2007 Overview

The full text of the Act is available from this page: Mental Health Act 2007. See also: Mental Health Act 2007 Explanatory Notes.

The Mental Health Act 2007 was given Royal Assent on 19 July 2007. The main implementation date was 3 November 2008. See Mental Health Bill 2006 for some background information, and Mental Health Act 1983 Overview and Mental Capacity Act 2005 Overview for further details. Amendments made to the Mental Health Act 1983 and Mental Capacity Act 2005 by the 2007 Act are incorporated into the text on this site.

The effect of the Act

The amendments

The major amendments made by the 2007 Act are listed below. Each page contains a summary of the change, when it comes into force, and an extract from the Mental Health Act 2007 Explanatory Notes where appropriate.

Professional roles:

Community Treatment Orders:

Definition of mental disorder:

Treatability test:

Nearest relative:

Treatment safeguards:

Code of Practice:

Children:

Criminal clients:

Mental Health Review Tribunal:

Wales:

Mental Capacity Act 2005:

Misc:

The Acts which are amended

The 2007 Act will amend or has amended:

  • the Mental Capacity Act 2005 - only some of the proposed amendments have been added to this site, but all in force amendments listed on this page have been added

More minor amendments are made to various other enactments.

Implementation of the Act

Implementation plan

DH commencement plan - This document lists each section of the 2007 Act and the date on which it is intended that the section will come into force. Updated on 9 May 2008.

NHS Confederation Briefing: Implementing the Mental Health Act 2007: What boards need to know and do - Sept 2008, published on CSIP website 23/10/08.

Some of the commencement orders have associated guidance documents and these can be located on the commencement order pages. For guidance documents on transitional arrangements, please see Transitional provisions until full implementation of MHA 2007.

See also:

Commencement orders

See the individual pages below for details of which MHA 1983 sections are affected by each Commencement Order.

  • Mental Health Act 2007 (Commencement No. 3) Order 2007 1/10/07, 1/12/07, 1/1/08 - various provisions: approval of courses etc for approved mental health professionals; amendment to section 62 of Care Standards Act 2000; cross-border arrangements; time-limited restriction orders; conditionally discharged patients subject to limitation directions; offence of ill-treatment: increase in maximum penalty on conviction on indictment; local health boards; independent mental capacity advocacy service: exceptions; civil partners (1/12/07); information admission of patients aged 16 and 17 (1/1/08)
  • Mental Health Act 2007 (Commencement No. 4) Order 2008 1/4/08 - (1) some provisions for the purpose only of making regulations; (2) others relating to: regulations as to approvals in relation to England and Wales; approved mental health professionals; conflicts of interest; independent mental health advocates; authority to treat; cross-border arrangements; Welsh Ministers: procedure for instruments; consequential provisions; (3) amendments to MCA 2005
  • Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 — In force 1/4/09. This order brings into force the provisions in relation to IMHAs for England (they are already in force in Wales). It also commences the deprivation of liberty safeguards, and introduces transitional provisions: provided the applications are received on or before 30/4/09, 42 days (instead of 21) are allowed for completing assessments for a standard authorisation, and urgent authorisations last for 21 days (instead of 7); urgent authorisations given on or before 30/4/09 cannot be extended.
  • Mental Health Act 2007 (Commencement No. 11) Order 2010 — This order brings new s131A (Accommodation, etc for children) into force from 1/4/10. It applies to patients under 18 who are liable to be detained under the MHA or admitted informally. The hospital managers must ensure that the patient's environment is suitable having regard to his age (subject to his needs); they must consult a person with knowledge or experience of such cases. SI 2010/143.

Secondary legislation - England & Wales

The following is an automatically-generated list of the pages in Category:Mental Health Act 2007 secondary legislation - England and Wales:

These regulations set out when English s12 practitioners and approved clinicians can be treated as approved in Wales, and vice versa.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument🔍

Year: 2008🔍

Number: 1204

Subject: ..→

These regulations amend the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 which, like these amendments, come into force on 3/11/08.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument🔍

Year: 2008🔍

Number: ..→

This Order amends Acts and SIs as a consequence of the Mental Health Act 2007.

Extract from Explanatory Note

The purpose of this Order is to make amendments to certain Acts and Statutory Instruments as a consequence of the enactment of the Mental Health Act 2007 ( “the 2007 Act”).

Article 1 provides for citation and commencement. While the majority of the Order comes into force on 3 November 2008, amendments consequential on the repeal of provisions of the Mental Health Act 1983 ( “the 1983 Act”) that deal with after care under supervision ( “ACUS”) will not come into force until 4th May 2009, the day after the day on which ACUS classification will end.

LEGISLATION DATABASE<span class="simple-tooltip simple-tooltip-info" data-simple-tooltip="Click a magnifying glass to see ..→

Secondary legislation - England

The following is an automatically-generated list of the pages in Category:Mental Health Act 2007 secondary legislation - England:

These Regulations apply to England only and supersede the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 on 3/11/08. They have been amended by the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008, which will come into force immediately after the main Regulations, and by the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012 which came into force on 1/6/12. There may have been intervening amendments, but the latest amendments at the time of writing will be by Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 with effect from 1/12/20.

External links

Summary of changes from current regulations on DH website Updated version, ..→

These regulations set out when there is a potential conflict of interest preventing an AMHP making an application or a doctor a medical recommendation.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument🔍

Year: 2008🔍

Number:

Subject ..→

These regulations relate to the approval of persons to act as AMHPs.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument🔍

Year: 2008🔍

Number: 1206

Subject: Mental Health Act 2007 secondary legislation - England<span ..→

This order replaces the Mental Health (Nurses) Order 1998 in England. It sets out the classes of nurses who can use the six-hour s5(4) holding power. The nurses who can use this power are those registered in either Sub-Part 1 or 2 of the register maintained under article 5 of the Nursing and Midwifery Order 2001 whose registration includes an entry indicating that the nurse’s field of practice is either mental health nursing or learning disabilities nursing. In force 3/11/08 (England).

Other information

It comes into force on 3/11/08, immediately before the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008.

Revokes Mental Health (Nurses) Order 1998 in relation to England.

LEGISLATION DATABASE<span class="simple-tooltip simple-tooltip-info" ..→

These directions replace the Mental Health Act 1983 Approved Clinician Directions 2008.

External links

NB not on Legislation.gov.uk

Mental Health Act 1983 Approved Clinician (General) Directions 2008 on DH website (Internet Archive link)

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: UK Statutory Instrument ..→

The Regulations exempt community patients from prescription charges in most circumstances. However, while patients are subject to SCT they cannot be discharged from the the s117 duty to provide free after-care services, so they should not be charged for treatment for mental disorder.

Extract from DH website

Supervised community treatment (SCT) is one of a number of measures introduced with effect from 3 November 2008 by the Mental Health Act 2007, which amends the Mental Health Act 1983. SCT is a new way to manage the care and treatment of suitable patients in the community following detention for treatment under the Act. Patients on SCT will be required to make themselves available for medical examination for periodic review of their condition or for a second opinion about their treatment. They may also be asked to keep to conditions designed to ensure they receive treatment and to address any risk of harm to their ..→

|Type=UK Statutory Instrument |Year=2008 |Number=3166 |In force=2009/04/01 |Subject=Mental Health Act 2007 secondary legislation - England |Summary=These Regulations contain provisions about the arrangements for the appointment of IMHAs and as to who can be appointed to act as an IMHA. In force 1/4/09. |Detail===Explanatory note== Section 130A of the Mental Health Act 1983 (c.20) (“the Act”) provides that the Secretary of State shall make arrangements to enable Independent Mental Health Advocates (IMHAs) to be available to help qualifying patients. These Regulations contain provisions about the arrangements for the appointment of IMHAs and as to who can be appointed to act as an IMHA.

Regulation 3 directs that where relevant a commissioning body or provider of advocacy services must ensure that an individual who is appointed to act as an IMHA satisfies the conditions in regulation 6. Commissioning bodies are also directed to take reasonable steps to ensure that the different needs and circumstances of qualifying patients, in respect of whom they may exercise the functions under section 130A of the Act (“section 130A functions”) are taken into consideration.

Regulation 4 amends regulation 5(b) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000 (S.I. 2000/617) to include section 130A functions in the definition of “Functions of NHS bodies”.

Regulation 5 amends the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 (S.I. 2002/2375) so that section 130A functions are exercisable by a commissioning body i.e. (1) Strategic Health Authorities, for performance management purposes , and (2) by Primary Care Trusts. Regulation 3 of those Regulations is amended to provide for circumstances where a Primary Care Trust must exercise section 130A functions for the benefit of qualifying patients who are not otherwise within their area or the area of another Primary Care Trust and who are (1) resident in Scotland, Wales or Northern Ireland but are present in its area, and (2) present in Wales, but liable to be detained under the Act in a hospital or registered establishment in its area. A further amendment is made to regulation 10 of those Regulations preventing Primary Care Trusts exercising section 130A functions jointly with NHS trusts.

Regulation 6 provides that a person can only act as an IMHA if he has satisfied certain requirements as to experience, training, good character and independence. That regulation also provides that in deciding whether to appoint a person to act has an IMHA, regard is to be had to guidance issued from time to time by the Secretary of State.

Regulation 7 specifies those who are not to be treated as concerned in the patient’s treatment (a status that would otherwise prevent them from acting an IMHA).

|Type=UK Statutory Instrument |Year=2009 |Subject=Mental Health Act 2007 secondary legislation - England |Summary=An amendment to Mental Health Act 1983 Approved Clinician (General) Directions 2008, in force 1/7/09, to reflect the statutory regulation of psychologists by the Health Professions Council from that date. Psychologist ACs must be registered with the HPC. |Detail===Notes== The amendment is:

In Schedule 1 (professional requirements), the following paragraph is substituted for paragraph (b)-
“(b) a psychologist registered in Part 14 of the Register maintained under article 5 of the Health Professions Order 2001.”

The previous paragraph read:

(b) a chartered psychologist who is listed in the British Psychological Society’s Register of Chartered Psychologists and who holds a relevant practising certificate issued by that Society

These Regulations confirm that the activities of IMCAs and IMHAs are "regulated activities" for the purposes of the Safeguarding Vulnerable Groups Act 2006, and require them to have an enhanced criminal record certificate from 12/10/09. In force 12/10/09.

Explanatory Note

These Regulations amend the Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 (S.I. 2006/1832) and the Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 (S.I. 2008/3166).

The effect of these amendments is that, for the purposes of deciding whether a person satisfies the requirement as to integrity and good character in connection with their appointment as an Independent Mental Capacity Advocate or an Independent Mental Health Advocate, an enhanced criminal record certificate which includes suitability information relating to vulnerable adults or children must be ..→

These regulations amend the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 by introducing a new form snappily entitled 'Form CTO12 - Regulation 28(1A) - Mental Health Act 1983 section 64C(4A) - certificate that community patient has capacity to consent (or if under 16 is competent to consent) to treatment and has done so (Part 4A consent certificate)'. This form will be for the Responsible Clinician to fill in, when the requirement for a SOAD certificate in these circumstances is removed by s299 Health and Social Care Act 2012. In force immediately after that section comes into force (on such day as the Secretary of State may by order appoint).

LEGISLATION DATABASE<span class="simple-tooltip simple-tooltip-info" data-simple-tooltip="Click a magnifying ..→

Secondary legislation - Wales

The following is an automatically-generated list of the pages in Category:Mental Health Act 2007 secondary legislation - Wales:

These regulations set out when there is a potential conflict of interest preventing an AMHP making an application or a doctor a medical recommendation.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: Wales Statutory Instrument🔍

Year: 2008🔍

Number: ..→

These are the main regulations dealing with exercise of Mental Health Act 1983 powers, and also set out the mandatory statutory forms. They were amended by the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) (Amendment) Regulations 2012 with effect from 2/6/12.

Email from Welsh Assembly

"The Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 are the principal regulations dealing with the exercise of compulsory powers in respect of persons liable to be detained in hospital or under guardianship, together with community patients, under the Mental Health Act 1983. The Regulations prescribe the forms that are to be used in the exercise of powers under the Act, and these are set out in Schedule 1 of the Regulations. The Welsh Assembly Government is currently developing a set of forms that may be used by practitioners in ..→

These regulations relate to the approval of persons to act as AMHPs.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: Wales Statutory Instrument🔍

Year: 2008🔍

Number: 2436

Subject: Mental Health Act 2007 secondary legislation - Wales<span ..→

These regulation deal with arrangements for appointment of IMHAs, and set out who can be appointed as IMHAs.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: Wales Statutory Instrument🔍

Year: 2008🔍

Number: 2437

Subject: Mental Health Act 2007 ..→

This order replaces the Mental Health (Nurses) Order 1998 in Wales. It sets out the classes of nurses who can use the six-hour s5(4) holding power. It comes into force on 3/11/08.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: Wales Statutory Instrument🔍

Year: 2008🔍</span ..→

These directions make provision for the approval of persons as approved clinicians in Wales.

External links

NB Not on Legislation.gov.uk website.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: Wales Statutory Instrument🔍

Year: ..→

These Regulations amend the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 by adding a new form form CO 8 entitled 'Mental Health Act 1983 Part 4A — certificate of consent to treatment for community patient (Approved Clinician Part 4A certificate)'. This form will be for the Responsible Clinician to fill in, when the requirement for a SOAD certificate in these circumstances is removed by s299 Health and Social Care Act 2012.

LEGISLATION DATABASE

Full text: Legislation.gov.uk

Type: Wales Statutory Instrument<span ..→

Secondary legislation - Scotland

The following is an automatically-generated list of the pages in Category:Mental Health Act 2007 secondary legislation - Scotland:

These Scottish Regulations provide for the transfer of community patients between England & Wales and Scotland. Scotland has had Community Treatment Orders and Compulsion Orders under their Mental Health (Care and Treatment) (Scotland) Act 2003. The Regulations are needed now that England & Wales have a Community Treatment Order.

Extract from explanatory note

Section 289 of the Mental Health (Care and Treatment)(Scotland) Act 2003 ( “the 2003 Act”) provides for the transfer of patients subject to a requirement other than detention to a place outwith Scotland and for patients subject to corresponding requirements in England, Wales, Northern Ireland, the Isle of Man or the Channel Islands to be received in Scotland. These Regulations make provision in relation to the transfer of patients to England and Wales and the reception in Scotland of patients from England and Wales. Part I of these Regulations make general ..→

Updates

Check these sites for news of updates:

Resources

Legislation: see Mental Health Act 2007

Documents: