Website of the Department of Health

Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008 - guidance on transfers between places of safety

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.  

Under sections 135 and 136 of the Mental Health Act 1983 (the 1983 Act) a police officer may remove a person who is believed or appears to be suffering from a mental disorder to a place of safety. Section 44 of the 2007 Act amends these sections of the 1983 Act to allow a person to be taken from one place of safety to one or more other places of safety during the 72 hour maximum overall period during which they may be detained under either of these two sections. They may be taken between places of safety by a police officer, an approved social worker (until approved social workers are replaced in this role by approved mental health professionals in due course) or someone authorised by either of them.

Section 44 of the 2007 Act comes into force on 30 April 2008.

NHS bodies and local social services authorities will need to ensure that their staff are aware of the change and that it is reflected in local policies.

• Download guidance on transfers between places of safety (PDF, 38K)
• Police custody - Home Office 'guidance' to the Police (opens new window)
• Full text of the Order (opens new window)
• Mental Health Act 2007 - overview