The Mental Health Act 2007 (Consequential Amendments) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

The purpose of this Order is to make amendments to certain Acts and Statutory Instruments as a consequence of the enactment of the Mental Health Act 2007 (“the 2007 Act”).

Article 1 provides for citation and commencement. While the majority of the Order comes into force on 3 November 2008, amendments consequential on the repeal of provisions of the Mental Health Act 1983 (“the 1983 Act”) that deal with after care under supervision (“ACUS”) will not come into force until 4th May 2009, the day after the day on which ACUS classification will end.

Article 2 provides that generally this Order extends to England and Wales only. Article 4 also extends to Scotland and Northern Ireland. Article 17 extends to Scotland only. Article 20 also extends to Northern Ireland.

Article 3 updates terminology in the Local Authority Social Services Act 1970 to reflect the replacement of approved social workers with approved mental health professionals in the 1983 Act.

Article 4 repeals the term “mental impairment” from the Disability Discrimination Act 1995, as this term is no longer used in the 1983 Act. The term “mental disorder” is now used instead. Article 5 amends section 63L of the Family Law Act 1996 on the same basis.

Article 6 repeals a provision of the Disability Discrimination Act 2005, which is consequential to the amendment made by article 4.

Article 7 amends article 3 of the Mental Health Act Commission (Establishment and Constitution) Order 1983 to add a function under the new legislation to the prescribed list of functions that the Mental Health Act Commission performs on behalf of the Secretary of State. The additional function is that of directing that a certificate under Part 4A of the Mental Health Act 1983 (which regulates the treatment of community patients) shall not apply to the treatment of a patient.

Article 8 updates the terminology in certain forms prescribed by the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991 to reflect the new term “mental disorder”.

Article 9 revokes the Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996. These Regulations have become redundant as a result of the 2007 Act.

Article 10 amends Schedule 2 to the Teachers’ Pensions Regulations 1997 to reflect the new term “mental disorder”.

Articles 11, 12, 13 and 14 omit the references to ACUS from the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000, National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000, National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000 and the National Health Service (Payments by Local Authorities to Health Authorities) (Prescribed Functions) (Wales) Regulations 2001, respectively. These articles commence on 4th May 2009.

Article 15 revokes the Mental Health Act 1983 (Remedial) Order 2001, which is now redundant.

Articles 16 updates a reference in the Private and Voluntary Health Care (England) Regulations 2001 from the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 to the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008, which replace the 1983 Regulations in respect of England from 3rd November 2008.

Articles 17, 18 and 19 amend the Regulations concerning Direct Payments for Scotland, England and Wales, respectively. Paragraph (a) of each article inserts a reference to supervised community treatment, the replacement regime for ACUS, into each of those Regulations. Paragraph (b) of each article omits a reference to ACUS in each of those Regulations, with effect from 4th May 2009.

Article 20 amends the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 to reflect the replacement of approved social workers with approved mental health professionals in the 1983 Act.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.