Organisation of Mental Health Review Tribunal changed

The Tribunals in England are replaced by a single Tribunal. The Welsh Tribunal is continued.

Section 78 and sch 2 provided for a Tribunal chairman (i.e. Regional Chairman) to delegate certain function "if for any reason he is unable to act". This phrase is removed.

Extract from Explanatory Notes

Section 38: Organisation

158. Section 38 replaces the existing multiple regional Tribunals in England with one Tribunal and continues the Tribunal for Wales. In addition, it renames the role of chairman of each of the Tribunals as president. The Tribunal for England and the Tribunal for Wales will each have a president. The term "president" as it is currently used under the 1983 Act to refer to the chair of a Tribunal constituted for particular proceedings will be replaced with "chairman".

Commencement

Date in force	Commencement order	MHA 2007 section	MHA 1983 sections affected
3/11/08	Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008	38 (partially)	s65, s78, sched 2
"	"	s55, sch 1	s78, s142, sched 2 para 4
Not in force	Not applicable	Remainder of s38	s79; further amendments to s78, sched 2

Resources

Mental Health Act 2007 Explanatory Notes - page 29

All pages in this "Changes made by MHA 2007" category...

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