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Mental Health Act 2007 Overview: Difference between revisions
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Transitional Provisions
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—
3.  Notwithstanding the commencement of section 44 of the 2007 Act and pending the commencement of [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=3390709&filesize=10691 sections 18] (insofar as not already in force) and 21 of, and [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=3390805&filesize=719 Schedule 2] to, the 2007 Act—
:(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”;  
:(a) section 135(3A) of the 1983 Act, as inserted by subsection (2) of [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] of the 2007 Act, shall have effect as if “an approved social worker” were substituted for “an approved mental health professional”;  


:(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”.
:(b) section 136(3) of the 1983 Act, as inserted by subsection (3) of [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] of the 2007 Act, shall have effect as if “an approved social worker” were substituted for “an approved mental health professional”.


[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]
[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]

Revision as of 12:48, 7 May 2008

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.

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.

Implementation of the Act

Department of Health documents

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.

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 strikethrough and underlining).

Commencement orders

Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008

Citation and interpretation

1.—(1) This Order may be cited as the Mental Health Act 2007 (Commencement No.5 and Transitional Provisions) Order 2008.

(2) In this Order—

“the 1983 Act” means the Mental Health Act 1983(2);
“the 2007 Act” means the Mental Health Act 2007.

2. Section 44 (places of safety) of the 2007 Act shall come into force on 30th April 2008. 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—

(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”;
(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”.

Explanatory memorandum to the mental health act 2007 (commencement no. 5 and transitional provisions) order 2008

Other news

Quotations below are from Department of Health emails.

  • 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 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."
  • 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."
  • Official Explanatory Note This has now been published: see below for external link.

The effect of the Act

The 2007 Act, when in force, will amend:

  • 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

Other legislation is amended, including the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005.

The major amendments made by the 2007 Act will be:

  • A single definition of mental disorder.
  • Statutory advocacy for detained patients.
  • Introduces a requirement that patients aged under 18 are accommodated in an age-appropriate setting, subject to their needs.
  • A new “appropriate medical treatment” test which will apply to all the longer-term powers of detention.
  • Broadening the group of practitioners who can take on the functions currently performed by the Approved Social Worker (ASW) and Responsible Medical Officer (RMO).
  • Gives patients the right to make an application to displace their Nearest Relative.
  • The introduction of Supervised Community Treatment for patients following a period of detention in hospital.
  • 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.
  • Introduces new safeguards for the use of Electro-convulsive Therapy.

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.

External links

Legislation:

  • MHA 2007 - OPSI website (PDF file for printing)
  • MHA 2007 - OPSI website (HTML for browsing online)

Other documents:

Consultations:


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