Procedure for making of instruments by Welsh Ministers set out

Extract from Explanatory Notes

Section 47: Welsh Ministers: procedure for instruments

186. Section 47 amends the provisions in section 143 of the 1983 Act which make provision in relation to the exercise of regulation, order and rule making powers. In particular it provides the procedure to be applied when such powers are exercised by the Welsh Ministers.

Commencement

Date in force	Commencement order	MHA 2007 section	MHA 1983 sections affected
1/4/08	Mental Health Act 2007 (Commencement No. 4) Order 2008	47	s143

Resources

Mental Health Act 2007 Explanatory Notes - page 34

INFORMATION

Changes made by MHA 2007 category:

• New procedure for renewal of detention
• Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
• Approved Mental Health Professional replaces Approved Social Worker
• Supervised Community Treatment replaces Supervised Discharge
• Mental disorder no longer split into separate classifications
• Some exclusions to definition of mental disorder have been removed
• Hospital directions under s45A apply to any mental disorder
• New definition of medical treatment
• Civil partners are treated as if married when determining nearest relative
• Additional safeguards for ECT introduced in new s58A
• Treatment while under SCT is covered by new Part 4A
• NHS Foundation Trusts discharge power problem remedied
• Patients can be transferred between places of safety under s135 and s136
• 16- or 17-year-old with capacity cannot be detained on basis of parental consent
• Restriction orders can no longer be time-limited
• Legal status of Code of Practice set out in Act
• New Independent Mental Health Advocate scheme
• New requirements for age-appropriate accommodation for children
• Fundamental principles set out in Act and included in Code of Practice
• Automatic reference scheme under s68 changed
• Minor drafting error in MCA 2005 corrected
• Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
• Limitation to the exceptions to the duty to instruct IMCA
• Reference to Local Health Boards inserted into Act
• Procedure for making of instruments by Welsh Ministers set out
• Organisation of Mental Health Review Tribunal changed
• Transitional provisions until full implementation of MHA 2007
• New cross-border arrangements for leave and transfer
• New regulations on conflicts of interest
• SOAD certificate becomes invalid when patient loses or gains capacity
• Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
• Higher penalties for offences under Act
• Hospital direction patients can no longer apply to Tribunal during first six months
• Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
• Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
• Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
• Appropriate treatment test replaces treatability test and applies to all patients under long-term detention

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Other information pages:

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What links here:

• 16- or 17-year-old with capacity cannot be detained on basis of parental consent
• Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder)
• Additional safeguards for ECT introduced in new s58A
• Approved Mental Health Professional replaces Approved Social Worker
• Automatic reference scheme under s68 changed
• Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005
• Civil partners are treated as if married when determining nearest relative
• Conditionally-discharged hospital direction patients can be absolutely discharged by MHRT
• Domestic Violence Crime and Victims Act 2004 applies to unrestricted criminal patients
• Fundamental principles set out in Act and included in Code of Practice
• Higher penalties for offences under Act
• Hospital direction patients can no longer apply to Tribunal during first six months
• Hospital directions under s45A apply to any mental disorder
• Legal status of Code of Practice set out in Act
• Limitation to the exceptions to the duty to instruct IMCA
• MHA 1983 s143
• Mental Health Act 2007 Overview
• Mental disorder no longer split into separate classifications
• Minor drafting error in MCA 2005 corrected
• NHS Foundation Trusts discharge power problem remedied
• New Independent Mental Health Advocate scheme
• New cross-border arrangements for leave and transfer
• New definition of medical treatment
• New procedure for renewal of detention
• New regulations on conflicts of interest
• New requirements for age-appropriate accommodation for children
• Organisation of Mental Health Review Tribunal changed
• Patient can apply to displace nearest relative, who can now be displaced on grounds of unsuitability
• Patients can be transferred between places of safety under s135 and s136