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Mental Health: Draft Revised Code of Practice and Secondary Legislation

  • Last modified date:
    24 October 2007
  • Gateway reference:
    8973

The Consultations

We are consulting on the draft revised Mental Health Act 1983 Code of Practice and draft secondary legislation under the Mental Health Act 2007 (the 2007 Act). This consultation is relevant to all NHS and social care managers and professional staff with responsibility for services for people with mental health problems.

The revised Code of Practice is being prepared in accordance with section 118 of the Mental Health Act 1983 (the 1983 Act) by the Secretary of State for Health and will be finalized after he has consulted such bodies as appeared to him to be concerned and then laid before Parliament. The Code will come into force in October 2008.

The Code provides guidance to registered medical practitioners (“doctors”), approved clinicians, managers and staff of hospitals and approved mental health practitioners (who have defined responsibilities under the provisions of the Act), on how they should proceed when undertaking duties under the Act. It should also be considered by others working in health and social services (including the independent and voluntary sectors).

The secondary legislation on which we are consulting mainly gives effect to the changes to the 1983 Act which are being introduced under the 2007 Act in October 2008 (or, in the case of independent mental health advocacy, as soon as practicable thereafter). 

The secondary legislation in question consists of the:

  • Mental Health (Hospital, Guardianship and Treatment) Regulations 2008;

  • Mental Health Act 1983 (Independent Mental Health Advocates) Regulations;

  • Mental Health (Approval of Persons to be Approved Mental Health Professionals) (England) Regulations 2008;

  • Mental Health Act 1983 (Approved Clinician) Directions 2008;

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

  • Mental Health (Mutual Recognition) (England and Wales) Regulations 2008;

  • Mental Health Act 2007 (Commencement No [to be inserted] and After-care under Supervision: Savings, Modifications and  Transitional Provisions) Order 2008; and

  • Mental Health (Nurses) (England) Order 2008.

The full consultation on both draft secondary legislation and the draft revised Code of Practice:

You are invited to say whether the proposals in these two consultations meet your expectations. Please let us know if we have left out any significant issues which you think we should have included or if we have included anything unnecessary.

Please send comments on the content of the draft revised Code of Practice to:

Please send comments on the content of the draft secondary legislation to:

Or to send hard copy comments on either, please write to:

Mental Health Legislation Team
Department of Health
Wellington House
133-155 Waterloo Road
London
SE1 8UG

The consultations close on Thursday 24 January 2008.

Mental Health Act 2007

An overview of the Mental Health Act 2007:

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