The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008

Made: 30th September 2008

Laid before Parliament: 6th October 2008

Coming into force: 3rd November 2008

The Secretary of State for Health, in exercise of the powers conferred by sections 56(1),(2),(4)(b) and (5) of the Mental Health Act 2007¹, and with the agreement of the Welsh Ministers in respect of functions exercisable by them, makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 and shall come into force on 3rd November 2008.

• (2) In this Order—

• “the 2007 Act” means the Mental Health Act 2007;

• “the 1983 Act” means the Mental Health Act 1983².

Commencement of provisions

2

The following provisions of the 2007 Act shall come into force on 3rd November 2008—

• (a) section 18, insofar as not already in force;

• (b) section 21, insofar as it gives effect to Schedule 2 in relation to Wales and is not already in force;

• (c) section 30, insofar as it applies to Wales and is not already in force.

Schedule

3

The Schedule to this Order, which makes transitional and saving provisions, shall have effect.

SCHEDULE — TRANSITIONAL AND SAVING PROVISIONS

Interpretation

1

In this Schedule—

• “ASW” means an approved social worker as defined in section 145(1) of the 1983 Act immediately before the commencement day;

• “AMHP” means an approved mental health professional;

• “commencement day” means 3rd November 2008;

• “LSSA” means a local social services authority;

• “the Approval Regulations” means the Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008³.

AMHPs: general

2

Where a person is approved as an ASW by an LSSA in Wales immediately before the commencement day, that person shall be treated as an AMHP approved by that LSSA in relation to Wales (“a Welsh approval”) and the Approval Regulations shall apply to the extent set out in the following provisions of this Schedule.

3

Any decision made or action taken by an ASW before the commencement day shall be treated as made or taken by an AMHP.

AMHPs approved in relation to Wales

4

Subject to regulation 5 of the Approval Regulations, a Welsh approval shall be for the unexpired period of that person’s approval as an ASW.

5

Regulation 5 of the Approval Regulations shall apply to a Welsh approval as if paragraph 2(c) of that regulation read—

(c) if, in the opinion of the approving LSSA, that person does not possess the relevant competencies;

6

A Welsh approval shall be subject to the conditions set out in regulation 7 of the Approval Regulations.

7

Any ASW whose registration as a social worker is suspended immediately before commencement day, shall be treated as an AMHP whose approval as an AMHP is suspended in accordance with regulation 6 of the Approval Regulations for so long as their registration as a social worker is suspended.

8

A Welsh approval may be suspended in accordance with regulation 6 of the Approval Regulations.

9

An LSSA in Wales shall record details of a Welsh approval in accordance with regulation 9 of the Approval Regulations, as if paragraph (1)(c) of that regulation read—

(c) the date that the person was approved as an ASW, and the date on which that approval expires;

Signed

Signed by authority of the Secretary of State for Health.

Dawn Primarolo — Minister of State, — Department of Health — 30th September 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the eighth commencement order made under the Mental Health Act 2007(c.12) and brings into force on 3rd November 2008 the provisions set out in article 2.

The Order also makes transitional and saving provisions, which are set out in the Schedule to the Order.

The Schedule requires local social services authorities to treat as an approved mental health professional a person who had been approved as an approved social worker by an LSSA in Wales immediately before 3rd November 2008. The Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008 apply to persons treated in Wales as AMHPs to the extent set out in the Schedule.

Footnotes