PART 1GENERAL AND COMMENCEMENT OF 2007 ACT

Citation, commencement and interpretation1

1

This Order may be cited as the Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008 and shall come into force—

a

in respect of article 12, on 4th May 2009; and

b

in all other respects, on 3rd November 2008 immediately after the coming into force of the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 20082 .

2

In this Order—

  • “the 1983 Act” means the Mental Health Act 19833;

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

  • “ACUS community patient” has the meaning given by article 10(2) of this Order;

  • “ACUS patient” means any patient who was subject to after-care under supervision immediately before the commencement day and who remains so subject in accordance with provision made by this Order;

  • “commencement day” means the day that section 36 of the 2007 Act comes into force in accordance with article 2 of this Order;

  • “community responsible medical officer” has the meaning given by section 34(1) of the 1983 Act immediately before the coming into force of this Order; and

  • “subject to after-care under supervision” has the meaning given by section 25A(2) of the 1983 Act immediately before the coming into force of this Order.

3

An expression used in this Order and in the 1983 Act has the same meaning in this Order as it has in that Act.

4

In any of the provisions of the 1983 Act which are saved or which are modified in relation to an ACUS patient or an ACUS community patient by this Order, a reference to—

a

the approved social worker shall be construed as a reference to the approved mental health professional;

b

the responsible medical officer shall be construed as a reference to the responsible clinician.