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Mental Health Act 2007 - commencement orders, regulations, associated guidance and other secondary legislation

  • Last modified date:
    11 August 2008

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Commencement orders

31 July 2008

 The "Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 20086 and After-care under Supervision: Savings, Modifications 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 of the 2007 Act itself, contain a number of transtional 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;
  • Applications to the County Court about the appointment of acting nearest relatives;
  • Approved mental health professionals; and
  • Decisions made prior to 3 November 2008 to be treated as decisions of approved clinicians.

The transitional arrangements required to enable the smooth introduction of approved clinicians are now included in - the "Mental Health Act 1983 Approved Clinician (General) Directions 2008" (which incorporate, and therefore replace the Mental Health Act 1983 Approved Clinician Directions 2008 published on 7 May).

7 May 2008

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 (subject to Parliament). 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.

24 April 2008

The Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions)  Order 2008 - S.I. No. 2008/800 (C.39) - brings section 44 of the Mental Health Act 2007 (the 2007 Act) on places of safety into effect on 30 April 2008. 

24 September 2007

The Mental Health Act 2007 (Commencement No. 3) Order 2007 brings in a number of early provisons to the Mental Health Act 2007

23 July 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.

Regulations

Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008

Published: 7 May 2008

The Mental Health (Hospital, Guardianship and Treatment (England) Regulations 2008 will replace the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983.  They deal with a variety of procedural matters relating to the Mental Health Act 1983, including the statutory forms to be used for certain applications, recommendations, reports and records.  Subject to Parliament, these regulations will come into force on 3 November 2008.  

Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008

Published: 7 May 2008

These regulations introduce the new role of approved mental health professional (AMHP) which will allow greater flexibilities in the range of professionals responsible for patients detained under the Mental Health Act 1983.  The regulations deal with the approval of AMHPs by local social services authorities, including how long they will be approved for, which professions they can be drawn from, and what competencies they should demonstrate. Subject to Parliament, the regulations will come into force on 3 November 2008. 

Guidance on transitional arrangements to allow approved social workers (ASWs) to be automatically approved as AMHPs from 3 November 2008 will be published in due course.   

Mental Health (Conflicts of Interest) (England) Regulations 2008

Published: 7 May 2008

These regulations set out the circumstances in which there would be a potential conflict of interest which will prevent an approved mental health professional (AMHP) making an application under Part 2 of the Mental Health Act 1983 (the 1983 Act),or a doctor giving a medical recommendation for the purposes of such an application. They also set out the particular circumstances when, even where there is a potential conflict of interest, an AMHP or a doctor may take part in an assessment in an emergency. Subject to Parliament, these regulations will come into force on 3 November 2008. 

Mental Health (Mutual Recognition) Regulations 2008

Published: 7 May 2008

These regulations, made jointly by the Secretary of State and the Welsh Ministers, set out the circumstances in which a doctor approved in England under section 12 of the Mental Health Act 1983 (the 1983 Act) may be also treated as approved in Wales, and vice versa. They also set out the circumstances in which a person approved as an approved clinician in England may be treated as approved in Wales, and vice versa.  Subject to Parliament and the National Assembly for Wales, these regulations will come into force on 3 November 2008. 

Mental Health (Nurses) (England) Order 2008

Published: 7 May 2008

This Order prescribes the classes of nurse empowered under section 5(4) of the Mental Health Act 1983 to detain, for up to six hours, a patient who is receiving treatment for mental disorder as a hospital in-patient.  It will come into force on 3 November 2008.

Mental Health Act 1983 Approved Clinician (General) Directions 2008

Published: 31 July 2008

The "Mental Health Act 1983 Approved Clinician (General) Directions 2008" (which incorporate, and therefore, replace the Mental Health Act 1983 Approved Clinician Directions 2008 published on 7 May) introduce the new role of approved clinician (AC) which will allow greater flexibilities in the range of professionals responsible for patients detained under the Mental Health Act. The directions cover how ACs are to be approved by strategic health authorities and primary care trusts, for how long, which professions they can be drawn from, and what competencies they must demonstrate. These directions come into force on 3 November 2008. They include transitional arrangements which allow the automatic approval of certain registered medical practitioners as approved clinicians when they come into force on 3 November 2008. Guidance on these transitional arrangements can be found in the "Implementation of the Mental Health Act 2007 Transitional Arrangements".

Mental Health Act 1983 Approved Clinician Directions 2008

Published: 7 May 2008

These directions introduce the new role of approved clinician (AC) which will allow greater flexibilities in the range of professionals responsible for patients detained under the Mental Health Act. The directions cover how ACs are to be approved by strategic health authorities and primary care trusts, for how long, which professions they can be drawn from, and what competencies they must demonstrate  These directions come into force on 3 November 2008. 

Guidance on transitional arrangements to allow certain registered medical practitioners to automatically be approved as approved clinicians from 3 November 2008 will be published in due course.

Secondary legislation consultation

From 25 October 2007 to 24 January 2008 the Department consulted on draft secondary legislation; a report on the consultation was published on 7 May 2008.

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