Section 114 Approval by local social services authority.F1

England and Wales

(1)

A local social services authority may approve a person to act as an approved mental health professional for the purposes of this Act.

(2)

But a local social services authority may not approve a registered medical practitioner to act as an approved mental health professional.

(3)

Before approving a person under subsection (1) above, a local social services authority shall be satisfied that he has appropriate competence in dealing with persons who are suffering from mental disorder.

(4)

The appropriate national authority may by regulations make provision in connection with the giving of approvals under subsection (1) above.

(5)

The provision which may be made by regulations under subsection (4) above includes, in particular, provision as to—

(a)

the period for which approvals under subsection (1) above have effect;

(b)

the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect;

(c)

the conditions subject to which such approvals are to be given; and

(d)

the factors to be taken into account in determining whether persons have appropriate competence as mentioned in subsection (3) above.

(6)

Provision made by virtue of subsection (5)(b) above may relate to courses approved or provided by such person as may be specified in the regulations (as well as to courses approved under section F2114ZA or 114A below).

(7)

An approval by virtue of subsection (6) above may be in respect of a course in general or in respect of a course in relation to a particular person.

(8)

The power to make regulations under subsection (4) above includes power to make different provision for different cases or areas.

(9)

In this section “ the appropriate national authority ” means—

(a)

in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in England, the Secretary of State;

(b)

in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, the Welsh Ministers.

(10)

In this Act “ approved mental health professional ” means—

(a)

in relation to acting on behalf of a local social services authority whose area is in England, a person approved under subsection (1) above by any local social services authority whose area is in England, and

(b)

in relation to acting on behalf of a local social services authority whose area is in Wales, a person approved under that subsection by any local social services authority whose area is in Wales.

Annotations

Textual amendments

F1: S. 114 and cross-heading substituted (1.4.2008 for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 18, 56 (with Sch. 10); S.I. 2008/745, arts. 2(a), 3(b); S.I. 2008/1900, art. 2(c) (with art. 3, Sch.); S.I. 2008/2561, art. 2(a) (with art. 3, Sch.)
F2: Words in s. 114(6) inserted (1.8.2012) by Health and Social Care Act 2012 (c. 7), ss. 217(3), 306(4); S.I. 2012/1319, art. 2(4)

Notes on the whole Act

Textual amendments

F1: For the words "Supreme Court Act 1981" there is substituted (1.10.2009) the words "Senior Courts Act 1981" by virtue of Constitutional Reform Act 2005 (c. 4), ss. 59, 148(1), Sch. 11 para. 1(2); S.I. 2009/1604, art. 2(d)

Notes on Approved mental health professionals

Textual amendments

F1: S. 114 and cross-heading substituted (1.4.2008 for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 18, 56 (with Sch. 10); S.I. 2008/745, arts. 2(a), 3(b); S.I. 2008/1900, art. 2(c) (with art. 3, Sch.); S.I. 2008/2156, art. 2(a) (with art. 3, Sch.)