OpenLegislation

The Mental Health Act 2007 (Commencement No. 3) Order 2007

S.I. 2007/2798 · Made 22 September 2007

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

mental health, england and wales

Made 22nd September 2007

The Secretary of State, in exercise of the powers conferred by section 56(1) and (2) of the Mental Health Act 2007f1, and with the agreement of the Welsh Ministers, makes the following Order:

Annotations to the whole text

Footnotes

f1

2007 (c.12).

Contents

  1. 1Citation, application and interpretation
  2. 2Commencement of provisions
  3. 3Commencement of provisions
  4. 4Commencement of provisions
  5. Signature
  6. Explanatory note

1Citation, application and interpretation

(1)

This Order may be cited as the Mental Health Act 2007 (Commencement No. 3) Order 2007.

(2)

This Order extends to England and Wales.

(3)

In this Order, “the Act” means the Mental Health Act 2007.

2Commencement of provisions

The following provisions of the Act shall come into force on 1st October 2007—

(a)

Section 19 (approval of courses etc for approved mental health professionals);

(b)

Section 20 (amendment to section 62 of Care Standards Act 2000f1 );

(c)

Section 39 (cross-border arrangements) , sub-section (1), and sub-section (2) insofar as it gives effect to the following paragraphs of Schedule 5 —

(i)

4 insofar as it inserts section 80D into the Mental Health Act 1983 f2;

(ii)

7;

(iii)

8;

(iv)

9;

(v)

11;

(vi)

13;

(vii)

18(a);

(viii)

19; and

(ix)

21(2)(c);

(d)

Section 40 (restriction orders);

(e)

Section 41 (conditionally discharged patients subject to limitation directions);

(f)

Section 42 (offence of ill-treatment: increase in maximum penalty on conviction on indictment);

(g)

Section 46 (local health boards); and

(h)

Section 49 (independent mental capacity advocacy service: exceptions).

3Commencement of provisions

Section 26 (civil partners) shall come into force on 1st December 2007.

4Commencement of provisions

Section 43 (informal admission of patients aged 16 or 17) shall come into force on 1st January 2008.

Signature

Signed by authority of the Secretary of State

Ann Keen

Parliamentary Under-Secretary of State,

Department of Health

22nd September 2007

Explanatory note

(This note is not part of the Order)

This Order is the third commencement order made under the Mental Health Act 2007 and brings into force the sections of that Act set out in article 2 on 1st October 2007, section 26 on 1st December 2007 and section 43 on 1st January 2008.

The following provisions have been, or are being, brought into force in England and Wales by commencement order made before the date of this Order:

ProvisionDate of commencementS.I. No.
Section 4524.07.20072007/2156 (C.80)
Section 5101.10.20072007/2635 (C.102)