The Mental Health Act 2007 (Commencement No. 4) Order 2008

Made: 13th March 2008

The Secretary of State, in exercise of the powers conferred by section 56(1) and (2) of the Mental Health Act 2007¹, and with the agreement of the Welsh Ministers, makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Mental Health Act 2007 (Commencement No.4) Order 2008.

• (2) In this Order—

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

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

Commencement of provisions

2

The following provisions of the 2007 Act shall come into force on 1st April 2008 for the purpose only of making regulations—

• (a) section 18 (approved mental health professionals);

• (b) section 30 (independent mental health advocates) –

• (i) subsection (2), insofar as it inserts a new section 130A into the 1983 Act;

• (ii) subsection (3);

• (c) section 32 (community treatment orders, etc)—

• (i) subsection (2), insofar as it inserts a new section 17F into the 1983 Act;

• (ii) subsection (4), insofar as it gives effect to paragraph 4 of Schedule 3; and

• (d) section 35 (authority to treat) insofar as it inserts a new section 64H into the 1983 Act.

3

The following provisions come into force on 1st April 2008 –

• (a) section 17 (regulations as to approvals in relation to England and Wales);

• (b) section 18 (approved mental health professionals) insofar as it inserts a definition of “appropriate national authority” and “approved mental health professional” in subsections (9) and (10) of new section 114 of the 1983 Act;

• (c) section 22 (conflicts of interest), subsection (5), which inserts a new section 12A into the 1983 Act;

• (d) section 30 (independent mental health advocates), subsection (2), insofar as it inserts a definition of “appropriate national authority” in subsection (5) of new section 130C into the 1983 Act;

• (e) section 35 (authority to treat) insofar as it inserts a definition of “appropriate national authority” in subsection (9) of new section 64H into the 1983 Act;

• (f) section 39 (cross-border arrangements), subsection (2), insofar as it gives effect to paragraphs 2 and 5 of Schedule 5;

• (g) section 47 (Welsh Ministers: procedure for instruments); and

• (h) section 54 (consequential provisions).

Commencement of provisions relating to the Mental Capacity Act 2005

4

The following subsections of section 50 (Mental Capacity Act 2005: deprivation of liberty) of the 2007 Act shall come into force on 1st April 2008 –

• (a) subsection (5), which gives effect to Schedule 7 to the 2007 Act which inserts new Schedule A1 into the Mental Capacity Act 2005³ but for the purpose only of making regulations or directions and inserting any definition relevant to those regulations or directions;

• (b) subsection (7) insofar as it gives effect to paragraphs 8 (codes of practice), 10 (interpretation), and 11 (rules, regulations and orders) of Schedule 9 to the 2007 Act; and

• (c) subsections (8) to (13) which relate to Wales.

Signed

Signed by authority of the Secretary of State for Health.

Ivan Lewis — Parliamentary Under-Secretary of State, — Department of Health — 13th March 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the fourth commencement order made under the Mental Health Act 2007 and brings into force on 1st April 2008, the sections of that Act set out in article 2 for the purposes only of making regulations, and the sections of that Act set out in article 3.

The Order also brings into force on 1st April 2008 the provisions of the Act set out in article 4 which relate to the Mental Capacity Act 2005.

Footnotes