The Mental Health Act 2007 (Commencement No.11) Order 2010

Made: 26th January 2010

The Secretary of State, with the agreement of the Welsh Ministers, makes the following Order in exercise of the powers conferred by section 56(1) and (2) of the Mental Health Act 2007[^f00001]:

Citation and extent

1

• (1) This Order may be cited as the Mental Health Act 2007 (Commencement No.11) Order 2010.

• (2) This Order extends to England and Wales.

Commencement of provision

2

Section 31(3) (accommodation, etc.) of the Mental Health Act 2007 shall come into force on 1st April 2010.

Signed

Signed by authority of the Secretary of State for Health

Phil Hope — Minister of State, — Department of Health — 26th January 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force section 31(3) of the Mental Health Act 2007 (“the 2007 Act”). Section 31(3) of the 2007 Act inserts a new provision (section 131A) into the Mental Health Act 1983 (c.20) (“the 1983 Act”). New section 131A applies to patients under the age of 18 who are liable to be detained in hospital under the 1983 Act, or are admitted to hospital as informal patients under section 131 of the 1983 Act. It imposes a duty on the hospital managers to ensure the environment of such patients is suitable having regard to their age, subject to their needs. In order to decide how to fulfil this duty, the managers must consult people who they think suitable on account of their knowledge or experience of cases involving such patients.

Footnotes

[^f00001]: 2007 c.12.