New regulations on conflicts of interest: Difference between revisions
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This introduces a power to make regulations on conflicts of interest which would prevent a medical recommendation or AMHP application, replacing the provisions in s12(3)-(7). | This introduces a power to make regulations on conflicts of interest which would prevent a medical recommendation or AMHP application, replacing the provisions in s12(3)-(7). | ||
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[[Mental Health Act 2007 Explanatory Notes]] - page 15 | [[Mental Health Act 2007 Explanatory Notes]] - page 15 | ||
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Latest revision as of 20:58, 23 April 2020
This introduces a power to make regulations on conflicts of interest which would prevent a medical recommendation or AMHP application, replacing the provisions in s12(3)-(7).
See also
Related changes
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 | 22 (partially) | New s12A |
| 3/11/08 | Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 | 22 (remainder) | s11, s12, s13 |
Resources
Mental Health Act 2007 Explanatory Notes - page 15
INFORMATION
- Representation
- Civil sections and CTOs
- Criminal sections
- Aftercare
- Mental Health Tribunal
- Mandatory and discretionary references
- Nearest relative
- Legal Aid
- International law
- 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
- Appropriate treatment test replaces treatability test and applies to all patients under long-term detention
- 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
- Mental disorder no longer split into separate classifications
- Minor drafting error in MCA 2005 corrected
- New cross-border arrangements for leave and transfer
- New definition of medical treatment
- New Independent Mental Health Advocate scheme
- New procedure for renewal of detention
- New regulations on conflicts of interest
- New requirements for age-appropriate accommodation for children
- NHS Foundation Trusts discharge power problem remedied
- 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
- Procedure for making of instruments by Welsh Ministers set out
- Reference to Local Health Boards inserted into Act
- Responsible Clinician/Approved Clinician replaces Responsible Medical Officer
- Restriction orders can no longer be time-limited
- SOAD certificate becomes invalid when patient loses or gains capacity
- Some exclusions to definition of mental disorder have been removed
- Supervised Community Treatment replaces Supervised Discharge
- Transitional provisions until full implementation of MHA 2007
- Treatment while under SCT is covered by new Part 4A
- Coronavirus
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- Forms
- General information pages
- Glossary pages
- Legislation overviews
- Mental capacity law
- Organisations
- Other jurisdictions
- Psychiatry
- Statistics
- The Law Society
- Things to sign up for
What links here:
- MHA 1983 s11
- MHA 1983 s12
- MHA 1983 s13
- MHA 1983 s12A
- Mental Health Act 2007 (Commencement No. 4) Order 2008
- Mental Health (Conflicts of Interest) (England) Regulations 2008
- Mental Health (Conflicts of Interest) (Wales) Regulations 2008
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