Mental Health Act 2007

Mental Health Act 2007

2007 CHAPTER 12

Commentary

Part 3 - General

Section 53 and Schedule 10: Transitional provision and savings

245. Section 53 introduces Schedule 10, which contains a number of transitional provisions.  These transitional provisions provide a bridge from the system as it operates at present under the 1983 Act to the one that will operate under the amendments made to the 1983 Act by the 2007 Act.  They stipulate the extent to which an amendment to the 1983 Act applies to or has an impact on a patient who is subject to the 1983 Act when the amendments come into force. The transitional provisions in Schedule 10 relate to provisions in the 2007 Act concerning:

• the authority to detain a patient

• consent to treatment

• the reclassification of a patient’s mental disorder

• the patient’s nearest relative

• the rules governing applications and referrals to the MHRT

• independent mental health advocates.