The Mental Health (Nurses) (England) Order 2008

Made: 28th April 2008

Coming into force in accordance with article 1(2)

The Secretary of State for Health, in exercise of powers conferred by section 5(4) and (7) of the Mental Health Act 1983¹ makes the following Order:

Citation, commencement and application

1

• (1) This Order may be cited as the Mental Health (Nurses) (England) Order 2008.

• (2) This Order shall come into force on 3rd November 2008 immediately before the coming into force of the Mental Health (Hospital, Guardianship and Treatment) Regulations 2008².

• (3) This Order applies to England.

Prescribed classes of nurse

2

• (1) For the purposes of section 5(4) of the Mental Health Act 1983 (power to detain patient in hospital for maximum of 6 hours) a nurse of the prescribed class is a nurse registered in either Sub-Part 1 or 2 of the register maintained under article 5 of the Nursing and Midwifery Order 2001³, whose registration includes an entry specified in paragraph (2).

• (2) An entry in the register referred to in paragraph (1) is an entry indicating that the nurse’s field of practice is either—

• (a) mental health nursing, or

• (b) learning disabilities nursing.

Revocation

3

The Mental Health (Nurses) Order 1998⁴ is revoked in relation to England.

Signed

Signed by authority of the Secretary of State for Health.

Ivan Lewis — Parliamentary Under-Secretary of State — Department of Health — 28th April 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order revokes and replaces the Mental Health (Nurses) Order 1998 to the extent that that Order applies to England. This Order applies only to England and prescribes the classes of nurse empowered under section 5(4) of the Mental Health Act 1983 (c.20) (as amended by the Mental Health Act 2007 (c.12)) to detain, for up to six hours, a patient who is receiving treatment for mental disorder as a hospital in-patient.

This Order imposes no costs on business or the voluntary sector.

Footnotes