Transitional provisions until full implementation of MHA 2007
Schedule 10 contains various transitional provisions and savings, under the following headings:
- Authority to detain etc
- Consent to treatment
- Reclassification of patients
- Supervised community treatment
- Nearest relative
- Independent mental health advocates
- Applications and references to Mental Health Review Tribunal
Other transitional provisions can be found in the commencement orders.
Extract from Explanatory Notes
Section 53 and Schedule 10: Transitional provision and savings
245. Section 53 introduces Schedule 10, which contains a number of transitional provisions. These transitional provisions provide a bridge from the system as it operates at present under the 1983 Act to the one that will operate under the amendments made to the 1983 Act by the 2007 Act. They stipulate the extent to which an amendment to the 1983 Act applies to or has an impact on a patient who is subject to the 1983 Act when the amendments come into force. The transitional provisions in Schedule 10 relate to provisions in the 2007 Act concerning:
- the authority to detain a patient
- consent to treatment
- the reclassification of a patient's mental disorder
- the patient's nearest relative
- the rules governing applications and referrals to the MHRT
- independent mental health advocates.
Commencement
| Date in force | Commencement order | MHA 2007 section | MHA 1983 sections affected |
|---|---|---|---|
| 19/7/07 | Act itself | 53, sch 10 | Various amendments are disapplied in certain situations |
Resources
Mental Health Act 2007 Explanatory Notes - page 42
See also the following which contain transitional arrangements:
- Implementation of the Mental Health Act 2007: transitional arrangements - Guidance on DH website published on 31/7/08
- Mental Health Act 2007: Patients on After-Care Under Supervision (ACUS): Transitional Arrangements - Guidance on DH website published on 7/5/08
- Implementing the Mental Health Act 2007: Guidance on transitional arrangements - October 2008, Welsh Assembly Government
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
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What links here:
- Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008
- Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008
- Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008
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