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Mental Health, England And Wales
29th January 2009
Laid before Parliament
4th February 2009
Coming into force
1st April 2009
The Secretary of State, in exercise of the powers conferred by section 56(1) and (4) of the Mental Health Act 2007(1), and with the agreement of the Welsh Ministers, makes the following Order:
1. (1) This Order may be cited as the Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 and shall come into force on the 1st April 2009.
(2) In this Order,
“the 2005 Act” means the Mental Capacity Act 2005(2); and
“the Act” means the Mental Health Act 2007.
2. The 1st April 2009 is the day appointed for the coming into force of the following provisions of the Act—
(a)section 30 (independent mental health advocates), in so far as it applies to England and is not already in force;
(b)section 50 (deprivation of liberty) in so far as not already in force;
(c)Schedule 7 (which inserts new Schedule A1 into the 2005 Act) in so far as not already in force;
(d)Schedule 8 (which inserts new Schedule 1A into the 2005 Act);
(e)Schedule 9 (which makes other amendments to the 2005 Act and to other Acts) in so far as not already in force; and
(f)Part 10 (deprivation of liberty) of Schedule 11 and in so far as it relates to that Part, section 55 (repeals and revocations) of the Act.
3. The Schedule to this Order, which makes transitional provisions shall have effect.
Signed by authority of the Secretary of State for Health.
Minister of State,
Department of Health
29th January 2009
1. In this Schedule—
“managing authority” shall be construed in accordance with paragraphs 176, 177 and 179 of Schedule A1 to the 2005 Act;
“the Regulations” mean the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008(3);
“standard authorisation” has the same meaning as in paragraph 8 of Schedule A1 to the 2005 Act; and
“urgent authorisation” has the same meaning as in paragraph 9 of Schedule A1 to the 2005 Act.
2. Where a request for a standard authorisation is made by the managing authority on or before the 30th April 2009, paragraph (1) of regulation 13 (time frame for assessments) of the Regulations shall apply to the request as if that paragraph read—
“(1) Except as provided in paragraph (2), all assessments required for a standard authorisation must be completed within the period of 42 days beginning with the date on which the supervisory body(4) receives a request for such an authorisation.”
3. Where a managing authority decides to give an urgent authorisation under paragraph 76 of Schedule A1 to the 2005 Act on or before the 30th April 2009, sub-paragraph (2) of paragraph 78 (terms of authorisation) of Schedule A1 to the 2005 Act shall apply as if that sub-paragraph read—
“(2) That period must not exceed 21 days.”
4. Paragraphs 77(3) to (5) (duty to give authorisation) and paragraphs 84, 85 and 86 (request for extension of duration) of Schedule A1 to the 2005 Act shall not apply in relation to urgent authorisations given on or before the 30th April 2009.
(This note is not part of the Order)
This Order brings into force section 30 in so far as not already in force and the remaining provisions of section 50 of the Mental Health Act 2007 (“the Act”) and its related consequential amendments and repeals.
Section 30 of the Act inserts provisions about independent mental health advocates into the Mental Health Act 1983 (c.20). This Order commences this section in so far as it is not already in force in England. It is already fully in force in Wales.
Section 50 of the Act makes amendments to provisions of the Mental Capacity Act 2005 (“the 2005 Act”) relating to deprivation of liberty safeguards.
This Commencement Order commences section 50 and Schedules 7 and 9 of the Act, in so far as not already in force and Schedule 8.
The Order also makes transitional provisions, which are set out in the Schedule. Paragraph 2 extends time for completing assessments for a standard authorisation from 21 days to 42 days provided that the request is received on or before the 30th April 2009; and paragraph 3 extends the period of an urgent authorisation from 7 to 21 days, provided it is given on or before the 30th April 2009. Paragraph 4 precludes requests for extensions of the duration of urgent authorisations given on or before the 30th April 2009.
(This note is not part of the Order)
The following provisions of the Mental Health Act 2007 have been brought into force in England and Wales by commencement orders made before the date of this Order:
|Provision of the Act||Date of Commencement||S.I. Number|
|Section 1 and Schedule 1|
|Sections 2 to 16||03.11.2008||2008/1900(C.84)|
|Section 21 and Schedule 2|
|Sections 23 to 25||03.11.2008||2008/1900(C.84)|
|Sections 27 to 29||03.11.2008||2008/1900(C.84)|
|Section 30 (partially)|
|Section 31 (partially)||03.11.2008||2008/1900(C.84)|
|Section 32 and Schedules 3 and 4|
|Sections 33 and 34||03.11.2008||2008/1900(C.84)|
|Section 38 (partially)||03.11.2008||2008/1900(C.84)|
|Section 39 and Schedule 5|
|Section 44||30.04.2008||2008/800 (C. 39)|
|Section 48 and Schedule 6||03.11.2008||2008/1900(C.84)|
|Section 50 and Schedules 7 and 9 (partially)||01.04.2008||2008/745(C.30)|
|Section 55 and Schedule 11 (partially)|
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