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Mental Health Act 2007

The Mental Health Act 2007 gained Royal Assent on the 19 of July 2007 and a summary of the Act can be found here: Mental Health Act 2007 - Summary
 
A copy of the Mental Health Act 2007 and accompanying Explanatory Memorandum is available on the Office of Public Sector Information website, which can be accessed here:Mental Health Act 2007
 
The Mental Health Bill was introduced into Parliament in November 2006, you can find copies of all the business papers as well as read the debates in both the House of Commons and the House of Lords on the Parliament website. UK Parliament - Mental Health Bill
 
The purpose of this Order is to make amendments to certain Acts and Statutory Instruments as a consequence of the enactment of the Mental Health Act 2007
 
 
Commencement Orders
 
The Mental Health Act 2007 has been commenced in a number of different Orders.  The Welsh Assembly Government has produced guidance on the transitional arrangements for the commencement of the 2007 Act.
 
The Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 relates to the commencement on 1 April 2009 of the deprivation of liberty safeguards provisions of section 50 of, and Schedules 7, 8 and 9 to, the Mental Health Act 2007 that have not yet been commenced, and to make transitional provisions for the introduction of the safeguards. This instrument also commences those provisions on independent mental health advocates (IMHAs) in section 30 of the Mental Health Act 2007 in relation to England.
 
The Mental Health Act 2007 (Commencement No.9) Order 2008 relates to certain cross border arrangements coming into force on 28 October 2008.
 
The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 brings into force, in relation to Wales, on 3 November 2008, three of the provisions of the Mental Health Act 2007 which amend the Mental Health Act 1983. These give effect to the introduction of approved mental health professionals (AMHPs) and independent mental health advocates (IMHAs).
 
The Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 brings the main changes that the Mental Health Act 2007 makes to the Mental Health Act 1983 into force on 3 November. Between them, the Order and Schedule 10 of the 2007 Act itself, contain a number of transitional provisions relating to:
  • Applications for detention under Part 2 of the 1983 Act;
  • Detention under Part 3 of the 1983 Act;
  • Renewal of detention
  • Consent to treatment under Part 4 of the 1983 Act;
  • Guardianship;
  • Tribunals; and
  • Applications to the County Court about the appointment of acting nearest relatives, and
  • Decisions made prior to 3 November 2008 to be treated as decisions of approved clinicians.
The Order also brought into force matters relating to approved mental health professionals in England, which are dealt with in Commencement Order No 8 in Wales.
 
The Mental Health Act 2007 (Commencement No.6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 repeals the provisions in the Mental Health Act 1983 about after-care under supervision from 3 November 2008. It also sets out transitional arrangements for patients who are on after-care under supervision immediately before 3 November, including the action which community responsible medical officers (and others) must then take in respect of those patients.
 
The Welsh Assembly Government have issued guidance on the transitional arrangements in respect of after-care under supervision.
 
The Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008 brings section 44 of the Mental Health Act 2007 (the 2007 Act) on places of safety into effect on 30 April 2008.
 
The Mental Health Act 2007 (Commencement No. 3) Order 2007 brings in a number of early provisons to the Mental Health Act 2007.
 
The Mental Health Act 2007 (Commencement No. 1) Order 2007 brought section 45 of the Mental Health Act 2007 (delegation of powers of managers of NHS foundation trusts) into force on 24 July 2007.


Last updated: 01/03/2009