Mental Health Act 2007
2007 c. 12 · Enacted 19 July 2007 · Extends to United Kingdom
An Act to amend the Mental Health Act 1983, the Domestic Violence, Crime and Victims Act 2004 and the Mental Capacity Act 2005 in relation to mentally disordered persons; to amend section 40 of the Mental Capacity Act 2005; and for connected purposes.
[19th July 2007]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part 1: Amendments to Mental Health Act 1983
- Chapter 1: Changes to key provisions
- Mental disorder
- 1Removal of categories of mental disorder
- 2Learning disability
- 3Changes to exclusions from operation of 1983 Act
- Tests for detention etc
- 4Replacement of “treatability” and “care” tests with appropriate treatment test
- 5Further cases in which appropriate treatment test is to apply
- Medical treatment
- 6Appropriate treatment test in Part 4 of 1983 Act
- 7Change in definition of “medical treatment”
- Fundamental principles
- 8The fundamental principles
- Chapter 2: Professional roles
- Approved clinicians and responsible clinicians
- 9Amendments to Part 2 of 1983 Act
- 10Amendments to Part 3 of 1983 Act
- 11Further amendments to Part 3 of 1983 Act
- 12Amendments to Part 4 of 1983 Act
- 13Amendments to Part 5 of 1983 Act
- 14Amendments to other provisions of 1983 Act
- 15Amendments to other Acts
- 16Certain registered medical practitioners to be treated as approved under section 12 of 1983 Act
- 17Regulations as to approvals in relation to England and Wales
- Approved mental health professionals
- 18Approved mental health professionals
- 19Approval of courses etc for approved mental health professionals
- 20Amendment to section 62 of Care Standards Act 2000
- 21Approved mental health professionals: further amendments
- Conflicts of interest in professional roles
- 22Conflicts of interest
- Chapter 3: Safeguards for patients
- Patient's nearest relative
- 23Extension of power to appoint acting nearest relative
- 24Discharge and variation of orders appointing nearest relative
- 25Restriction of nearest relative's right to apply to tribunal
- 26Civil partners
- Consent to treatment
- 27Electro-convulsive therapy, etc.
- 28Section 27: supplemental Not yet in force
- 29Withdrawal of consent
- Advocacy
- 30Independent mental health advocates
- Accommodation, etc.
- 31Accommodation, etc.
- Chapter 4: Supervised community treatment
- 32Community treatment orders, etc
- 33Relationship with leave of absence
- 34Consent to treatment
- 35Authority to treat
- 36Repeal of provisions for after-care under supervision
- Chapter 5: Mental Health Review Tribunals
- 37References
- 38Organisation
- Chapter 6: Cross-border patients
- 39Cross-border arrangements
- Chapter 7: Restricted patients
- 40Restriction orders
- 41Conditionally discharged patients subject to limitation directions
- Chapter 8: Miscellaneous
- 42Offence of ill-treatment: increase in maximum penalty on conviction on indictment
- 43Informal admission of patients aged 16 or 17
- 44Places of safety
- 45Delegation of powers of managers of NHS foundation trusts
- 46Local Health Boards
- 47Welsh Ministers: procedure for instruments
- Part 2: Amendments to other Acts
- Chapter 1: Amendments to Domestic Violence, Crime and Victims Act 2004
- 48Victims' rights
- Chapter 2: Amendments to Mental Capacity Act 2005
- 49Independent mental capacity advocacy service: exceptions
- 50Mental Capacity Act 2005: deprivation of liberty
- 51Amendment to section 20(11) of Mental Capacity Act 2005
- Part 3: General
- 52Meaning of “1983 Act”
- 53Transitional provisions and savings
- 54Consequential provisions
- 55Repeals and revocations
- 56Commencement
- 57Commencement of section 36
- 58Extent
- 59Short title
- Schedule 1: Categories of mental disorder: further amendments etc
- Part 1: Amendments to 1983 Act
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16 Repealed
- 17Paragraph 17
- Part 2: Amendments to other Acts
- Juries Act 1974
- 18Paragraph 18
- Contempt of Court Act 1981
- 19Paragraph 19
- Family Law Act 1996
- 20Paragraph 20
- Housing Act 1996
- 21Paragraph 21 Repealed
- Care Standards Act 2000
- 22Paragraph 22
- Mental Capacity Act 2005
- 23Paragraph 23
- National Health Service Act 2006
- 24Paragraph 24
- National Health Service (Wales) Act 2006
- 25Paragraph 25
- Police and Justice Act 2006
- 26Paragraph 26
- Schedule 2: Approved mental health professionals: further amendments to 1983 Act
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 3: Supervised community treatment: further amendments to 1983 Act
- 1Paragraph 1
- Application in respect of patient already in hospital
- 2Paragraph 2
- Return of patients absent without leave
- 3Paragraph 3
- Assignment of responsibility for community patients
- 4Paragraph 4
- Renewal of authority to detain patients
- 5Paragraph 5
- Special provisions as to patients absent without leave
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Patients sentenced to imprisonment etc
- 9Paragraph 9
- Discharge
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Orders appointing acting nearest relative
- 13Paragraph 13
- 14Paragraph 14
- Regulations for purposes of Part 2
- 15Paragraph 15
- Wards of court
- 16Paragraph 16
- Restricted patients
- 17Paragraph 17
- Applications and references to Mental Health Review Tribunal
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- After-care services
- 24Paragraph 24
- Code of practice
- 25Paragraph 25
- General protection of detained patients
- 26Paragraph 26
- 27Paragraph 27
- Offences
- 28Paragraph 28
- Duty to give information
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- Retaking of patients escaping from custody
- 32Paragraph 32
- Members of Parliament suffering from mental disorder
- 33Paragraph 33 Repealed
- Interpretation
- 34Paragraph 34
- Extent
- 35Paragraph 35
- Application of certain provisions to patients concerned in criminal proceedings
- 36Paragraph 36
- 37Paragraph 37
- Schedule 4: Supervised community treatment: amendments to other Acts
- Administration of Justice Act 1960
- 1Paragraph 1
- Criminal Appeal Act 1968
- 2Paragraph 2
- Courts-Martial (Appeals) Act 1968
- 3Paragraph 3
- Juries Act 1974
- 4Paragraph 4
- Schedule 5: Cross-border arrangements
- Part 1: Amendments to Part 6 of 1983 Act
- Introduction
- 1Paragraph 1
- Transfer of patients: Scotland
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Transfer of patients: Northern Ireland
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Transfer of patients: Channel Islands and Isle of Man
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Patients absent from hospitals in England and Wales
- 14Paragraph 14
- Regulations for purposes of Part 6
- 15Paragraph 15
- General provisions as to patients removed from England and Wales
- 16Paragraph 16
- Interpretation
- 17Paragraph 17
- Part 2: Related amendments
- The 1983 Act
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078)
- 21Paragraph 21
- Schedule 6: Victims' rights
- Introduction
- 1Paragraph 1
- Hospital orders (with or without restriction orders)
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Hospital directions and limitation directions
- 8Paragraph 8
- 9Paragraph 9
- Transfer directions (with or without restriction directions)
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Interpretation
- 16Paragraph 16
- Schedule 7: Mental Capacity Act 2005: new Schedule A1
- Paragraph
- Schedule 8: Mental Capacity Act 2005: new Schedule 1A
- Paragraph
- Schedule 9: Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005
- Part 1: Other amendments to Mental Capacity Act 2005
- Introduction
- 1Paragraph 1
- New section 21A
- 2Paragraph 2
- Section 35: Appointment of independent mental capacity advocates
- 3Paragraph 3
- Section 38: IMCAs and provision of accommodation by NHS body
- 4Paragraph 4
- Section 39: IMCAs and provision of accommodation by local authority
- 5Paragraph 5
- New section 39A
- 6Paragraph 6
- Section 40: Exceptions to duty to appoint IMCAs
- 7Paragraph 7
- Section 42: Codes of practice
- 8Paragraph 8
- Section 50: Application to the Court of Protection
- 9Paragraph 9
- Section 64: Interpretation
- 10Paragraph 10
- Section 65: Rules, regulations and orders
- 11Paragraph 11
- Part 2: Amendments to other Acts
- National Assistance Act 1948 (c. 29)
- 12Paragraph 12
- Local Authority Social Services Act 1970 (c. 42)
- 13Paragraph 13
- Schedule 10: Transitional provisions and savings
- Interpretation
- 1Paragraph 1
- Authority to detain etc
- 2Paragraph 2
- Consent to treatment
- 3Paragraph 3
- Reclassification of patients
- 4Paragraph 4
- Supervised community treatment
- 5Paragraph 5
- Nearest relative
- 6Paragraph 6
- 7Paragraph 7
- Independent mental health advocates
- 8Paragraph 8
- Applications and references to Mental Health Review Tribunal
- 9Paragraph 9
- Schedule 11: Repeals and revocations
- 1Removal of categories of mental disorder
- 2Replacement of “treatability” and “care” tests
- 3Approved clinicians and responsible clinicians
- 4Safeguards for patients
- 5Supervised community treatment
- 6Organisation of tribunals
- 7Cross-border arrangements Not yet in force
- 8Restricted patients
- 9Miscellaneous
- 10Deprivation of liberty