Draft Order laid before Parliament under section 54(5) of the Mental Health Act 2007, for approval by resolution of each House of Parliament.
2008 No. 000
The Mental Health Act 2007 (Consequential Amendments) Order 2008
Made
Coming into force
Whereas a draft of this instrument was laid before Parliament in accordance with section 54(5) of the Mental Health Act 20071 and approved by resolution of each House of Parliament.
The Secretary of State for Health, in exercise of the powers conferred by section 54(1) and (2) of the Mental Health Act 2007, and with the agreement of the Welsh Ministers, makes the following Order:
PART 1Preliminary
Citation and commencement1
1
This Order may be cited as the Mental Health Act 2007 (Consequential Amendments) Order 2008.
2
Subject to paragraph (3), this Order comes into force on 3 November 2008.
3
Articles 11, 12, 13, 14, 17(b), 18(b) and 19(b) come into force on 4 May 2009.
Extent2
1
Subject to paragraphs (2), (3), (4) and (5), this Order extends to England and Wales only.
2
Article 4 also extends to Scotland and Northern Ireland.
3
Article 6 also extends to Scotland.
4
Article 16 extends to England only.
5
Article 17 extends to Scotland only.
6
Article 20 also extends to Northern Ireland.
PART 2Amendment of primary legislation
Amendment of the Local Authority Social Services Act 19703
Amendment of the Disability Discrimination Act 19954
In section 68(1) of the Disability Discrimination Act 19954 (interpretation), the definition of “mental impairment” is repealed.
Amendment of the Family Law Act 19965
In section 63L(4) of the Family Law Act 19965 (remand: medical examination and report), for “mental illness or severe mental impairment” substitute “mental disorder within the meaning of the Mental Health Act 1983”.
Amendment of the Disability Discrimination Act 20056
Paragraph 34(4) of Schedule 1 to the Disability Discrimination Act 20056 (minor and consequential amendments) is repealed.
PART 3Amendment of subordinate legislation
Amendment of the Mental Health Act Commission (Establishment and Constitution) Order 19837
Amendment of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 19918
In Schedule 1 to the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 19919 (Forms), in Forms FL409 (Remand Order), FL413 (Hospital Order/Interim Hospital Order) and FL 414 (Guardianship Order), for “(mental illness) (severe mental impairment)” substitute “mental disorder”.
Revocation of the Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 19969
The Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 199610 are revoked.
Amendment of the Teachers’ Pensions Regulations 199710
In Schedule 2 to the Teachers’ Pensions Regulations 199711 (pensionable employment), in paragraph 12, for “impairment, severe mental impairment, psychopathic disorder or mental illness” substitute “disorder”.
Amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 200011
In regulation 5(b) of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 200012 (functions of NHS bodies), for “sections 25A to 25H and” substitute “section”.
Amendment of the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 200012
In regulation 2(1)(b) of the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 200013 (prescribed functions of NHS bodies), for “sections 25A to 25H and” substitute “section”.
Amendment of the National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 200013
In regulation 5(b) of the National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 200014 (functions of National Health Service bodies), for “sections 25A to 25H and” substitute “section”.
Amendment of the National Health Service (Payments by Local Authorities to Health Authorities) (Prescribed Functions) (Wales) Regulations 200114
In regulation 2(1)(b) of the National Health Service (Payments by Local Authorities to Health Authorities) (Prescribed Functions) (Wales) Regulations 200115 (prescribed functions of Health Authorities in Wales), for “sections 25A to 25H and” substitute “section”.
Revocation of the Mental Health Act 1983 (Remedial) Order 200115
The Mental Health Act 1983 (Remedial) Order 200116 is revoked.
Amendment of the Private and Voluntary Health Care (England) Regulations 200116
Amendment of the Community Care (Direct Payments) (Scotland) Regulations 200317
In regulation 2 of the Community Care (Direct Payments) (Scotland) Regulations 200319 (description of persons specified for the purposes of section 12B(1) of the Act)—
a
after paragraph (m) insert—
ma
a person who is subject to a community treatment order within the meaning of section 17A of the 1983 Act20
b
omit paragraph (n).
Amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 200318
In regulation 2(2) of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 200321 (prescribed descriptions of persons—community care services and services for carers)—
a
after subparagraph (e) insert—
ea
he is subject to a community treatment order within the meaning of section 17A of the 1983 Act;
b
omit subparagraph (f).
Amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 200419
In Schedule 1 to the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 200422 (persons to whom direct payments may not be made)—
a
after subparagraph (e) substitute—
ea
who is subject to a community treatment order within the meaning of section 17A of the 1983 Act;
b
omit subparagraph (f).
Amendment of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 200520
In article 8 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 200523 (patients absent from hospitals or other places in Scotland), in paragraph (2)(b)(i), for “social worker” substitute “mental health professional”.
Signed by authority of the Secretary of State for Health
(This note is not part of the Order)