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Mental Health Act 2007 Overview: Difference between revisions

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The Mental Health Act 2007 was given Royal Assent on 19 July 2007. Some sections are already in force but October 2008 is the general implementation date. See [[Mental Health Bill 2006]] for some useful links detailing its passage through Parliament.
{{Information-header}}
The full text of the Act is available from this page: [[Mental Health Act 2007]]. See also: [[Mental Health Act 2007 Explanatory Notes]].


This site contains both the current text and the amended text of the 1983 Act. Both are listed on the same page, e.g. [[MHA 1983 s1]].  
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.


==Implementation of the Act==
==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:
 
* {{mha change|AMHP}}
 
* {{mha change|RC}}
 
* {{mha change|conflicts}}
 
* {{mha change|renewal}}
Community Treatment Orders:
 
* {{mha change|SCT}}
 
Definition of mental disorder:
 
* {{mha change|class}}
* {{mha change|aggressive}}
* {{mha change|exclusions}}
* {{mha change|s45A any}}
 
Treatability test:


===Department of Health documents===
* {{mha change|appropriate}}
* {{mha change|treatment}}


[http://www.mhact.csip.org.uk/news/latest-news/commencement-plan.html 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. Accurate as at 1 November 2007.
Nearest relative:


[http://www.dh.gov.uk/prod_consum_dh/idcplg?IdcService=GET_FILE&dID=147390&Rendition=Web Mental Health Act as it is to be amended by the Mental Health Act 2007] This DH document is dated 24 August 2007 and shows all the changes (using <strike>strikethrough</strike> and <u>underlining</u>).
* {{mha change|displace}}
* {{mha change|partners}}


===Commencement orders===
Treatment safeguards:


* '''[[Mental Health Act 2007 (Commencement No. 1) Order 2007]]''' The provisions around NHS Foundation Trusts (section 45 MHA 2007) came into force on 24/7/07.
* {{mha change|ECT}}
* {{mha change|SCT treatment}}
* {{mha change|SOAD}}


* '''[[Mental Health Act 2007 (Commencement No. 2) Order 2007]]''' 1/10/07
Code of Practice:


* '''[[Mental Health Act 2007 (Commencement No. 3) Order 2007]]''' 1/10/07, 1/12/07, 1/1/08
* {{mha change|status}}
* {{mha change|principles}}


* Check this page on the [http://www.statutelaw.gov.uk/SearchResults.aspx?Title=mental+health+act Statute Law Database] for recent commencement orders etc.
Children:


[http://www.opsi.gov.uk/si/si2008/uksi_20080800_en_1 Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008]
* {{mha change|informal children}}
* {{mha change|age appropriate}}


2.  [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=Mental+Health+Act+2007&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=3390680&ActiveTextDocId=3390746&filesize=4094 Section 44] (places of safety) of the 2007 Act shall come into force on 30th April 2008.
Criminal clients:
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—
* {{mha change|s45A app}}
:(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”;
* {{mha change|s45A MHRT}}
* {{mha change|time limited}}
* {{mha change|DVCVA}}


:(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”.
Mental Health Review Tribunal:


[http://www.opsi.gov.uk/si/si2008/em/uksiem_20080800_en.pdf  Explanatory memorandum to the mental health act 2007 (commencement no. 5 and transitional provisions) order 2008]
* {{mha change|references}}
* {{mha change|organisation}}


Wales:


==Other news==
* {{mha change|LHB}}
* {{mha change|welsh}}


Quotations below are from Department of Health emails.
Mental Capacity Act 2005:


* '''Post-publication corrections as at 2/8/07''' "A few minor inaccuracies have been spotted by various people since the Act was first published on-line.  I attach a [http://www.wikimentalhealth.co.uk/files/MHA2007Postpublicationcorrectionsasat2August2007.doc list of the corrections] that have been agreed with the HoL Clerk.    Some have made it to the printed version of the Act, some have not.  All should appear in the on-line version (http://www.opsi.gov.uk/) in due course, but are not all there yet."
* {{mha change|DOLS}}
* {{mha change|IMCA}}
* {{mha change|error}}


* '''Implementation of Act''' "The planning assumption is for implementation of most of the amendments to the Act in October 2008.  This is to allow time for secondary legislation to be drafted, the Code of Practice to be completed, consultation to take place, staff to be trained etc.  Some aspects will however be implemented to different timescales. ... The provisions around age-appropriate services are due to take a bit longer than the October 2008 date, because we  need to make sure that we have all the resources in place."
Misc:


* '''Official Explanatory Note''' This has now been published: see below for external link.
* {{mha change|foundation}}
* {{mha change|penalties}}
* {{mha change|transfer}}
* {{mha change|IMHA}}
* {{mha change|transitional}}
* {{mha change|cross border}}


==The effect of the Act==
===The Acts which are amended===


The 2007 Act, when in force, will amend:
The 2007 Act will amend or has amended:


* the [[Mental Health Act 1983]] - all the proposed amendments can be read on this site, alongside the current law
* the [[Mental Health Act 1983]] - all the proposed amendments can be read on this site, alongside the current law
Line 54: Line 99:
* the [[Domestic Violence Crime and Victims Act 2004]]
* the [[Domestic Violence Crime and Victims Act 2004]]


Other legislation is amended, including the [[Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005]].
More minor amendments are made to various other enactments.


The major amendments made by the 2007 Act will be:
==Implementation of the Act==


* A single definition of mental disorder.
===Implementation plan===


* Statutory advocacy for detained patients.
[http://old.nimhe.csip.org.uk/~amendments/news/latest-news/commencement-plan.html 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.


* Introduces a requirement that patients aged under 18 are accommodated in an age-appropriate setting, subject to their needs.
[http://old.nimhe.csip.org.uk/silo/files/nhs-confed-briefing.pdf 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.


* A new “appropriate medical treatment” test which will apply to all the longer-term powers of detention.  
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 {{mha change|transitional}}.


* Broadening the group of practitioners who can take on the functions currently performed by the Approved Social Worker (ASW) and Responsible Medical Officer (RMO).
See also:


* Gives patients the right to make an application to displace their Nearest Relative.
* [[Mental Health Act 2007 in force dates]]


* The introduction of Supervised Community Treatment for patients following a period of detention in hospital.
===Commencement orders===


* A single Mental Health Review Tribunal for England, and the potential for a reduction in the time before cases have to be referred to the MHRT by hospital managers.
See the individual pages below for details of which MHA 1983 sections are affected by each Commencement Order.


* Introduces new safeguards for the use of Electro-convulsive Therapy.
* [[Mental Health Act 2007 (Commencement No. 1) Order 2007]] The provisions around NHS Foundation Trusts (section 45 MHA 2007) came into force on 24/7/07.  


The [[Care Services Improvement Partnership]] (CSIP) has been tasked with implementing the changes on behalf of the [[Department of Health]], including training, advocacy, [[Supervised Community Treatment]], administration and new roles and ways of working.
* [[Mental Health Act 2007 (Commencement No. 2) Order 2007]] 1/10/07 - fixing minor drafting error in MCA 2005


==External links==
* [[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)


Legislation:
* [[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


* [http://www.opsi.gov.uk/acts/acts2007/ukpga_20070012_en.pdf MHA 2007] - OPSI website (PDF file for printing)
* [[Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008]] 30/4/08 - amending s135 and s136 re places of safety


* [http://www.opsi.gov.uk/acts/acts2007/20070012.htm MHA 2007] - OPSI website (HTML for browsing online)
* [[Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008]] 3/11/08, 4/5/09 - SCT


* [http://www.dh.gov.uk/prod_consum_dh/idcplg?IdcService=GET_FILE&dID=145289&Rendition=Web MHA 1983 as amended by MHA 2007] - unofficial version on DH website (PDF file)
* [[Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008]] 3/11/08 - most of the rest of the Act


* [http://www.dh.gov.uk/prod_consum_dh/idcplg?IdcService=GET_FILE&dID=145290&Rendition=Web MCA 2005 as amended by MHA 2007] - unofficial version on DH website (PDF file)
* [[Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008]] 3/11/08


* [http://www.opsi.gov.uk/acts/en2007/ukpgaen_20070012_en.pdf MHA 2007 official Explanatory Notes] - OPSI website
* [[Mental Health Act 2007 (Commencement No. 9) Order 2008]] 28/10/08 - cross-border arrangements


Other documents:
*{{pagesummary|Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009}}
*{{pagesummary|Mental Health Act 2007 (Commencement No. 11) Order 2010}}
 
===Secondary legislation - England & Wales===
See [[:Category:Mental Health Act 2007 secondary legislation - England and Wales]]
 
===Secondary legislation - England ===
See [[:Category:Mental Health Act 2007 secondary legislation - England]]
 
===Secondary legislation - Wales===
See [[:Category:Mental Health Act 2007 secondary legislation - Wales]]
 
===Secondary legislation - Scotland===
See [[:Category:Mental Health Act 2007 secondary legislation - Scotland]]
 
===Updates===
 
Check these sites for news of updates:
 
* [http://www.statutelaw.gov.uk/SearchResults.aspx?Title=mental+health+act Statute Law Database: search results for "Mental Health Act"] - for recent commencement orders etc.
 
* [http://www.dh.gov.uk/en/Healthcare/NationalServiceFrameworks/Mentalhealth/DH_077359 Department of Health: "Mental Health Act 2007 - commencement orders, regulations, and other secondary legislation" page]
 
* [http://old.nimhe.csip.org.uk/~amendments/ Care Services Improvement Partnership News/Update Bulletins] - Final update (number 12) published on March 2009. This is a link to the archived content of the website.
 
==Resources==
 
Legislation: see [[Mental Health Act 2007]]
 
Documents:
 
* [http://www.dh.gov.uk/en/News/Recentstories/DH_089887 Mental Health Act 2007 - frequently asked questions, from DH website] - published 31/10/08


* [http://mhact.csip.org.uk CSIP Implementation Programme for the MHA 2007]
* [http://mhact.csip.org.uk CSIP Implementation Programme for the MHA 2007]
Line 100: Line 176:
* [http://www.rcpsych.ac.uk/pdf/MH%20Bill%20newsletter%2014.pdf Royal College of Psychiatrists MH Bill newsletter 14] - including a summary of the MHA 2007.
* [http://www.rcpsych.ac.uk/pdf/MH%20Bill%20newsletter%2014.pdf Royal College of Psychiatrists MH Bill newsletter 14] - including a summary of the MHA 2007.


Consultations:
* [http://www.kingsfund.org.uk/publications/briefings/mental_health_act.html King's Fund Mental Health Act 2007 briefing] - published 8/12/08
 
* [http://www.dh.gov.uk/en/Consultations/Liveconsultations/DH_079842 Consultation on the draft revised Mental Health Act 1983 Code of Practice]
 
* [http://www.dh.gov.uk/en/Consultations/Liveconsultations/DH_079832 Mental Health Act 2007: consultation on secondary legislation]
 


{{general-stub}}
*[[:File:Post-legislative assessment of MHA 2007.pdf|Department of Health, 'Post-legislative assessment of the Mental Health Act 2007: Memorandum to the Health Committee of the House of Commons' (Cm 8408, 28/8/12)]]
{{Information-footer
|maincat=Legislation overviews
}}

Latest revision as of 08:19, 27 April 2021

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

See Category:Mental Health Act 2007 secondary legislation - England and Wales

Secondary legislation - England

See Category:Mental Health Act 2007 secondary legislation - England

Secondary legislation - Wales

See Category:Mental Health Act 2007 secondary legislation - Wales

Secondary legislation - Scotland

See Category:Mental Health Act 2007 secondary legislation - Scotland

Updates

Check these sites for news of updates:

Resources

Legislation: see Mental Health Act 2007

Documents:

INFORMATION



What links here:


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