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The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008

S.I. 2008/2561 · Made 30 September 2008

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 30th September 2008

Laid before Parliament 6th October 2008

Coming into force 3rd November 2008

The Secretary of State for Health, in exercise of the powers conferred by sections 56(1),(2),(4)(b) and (5) of the Mental Health Act 2007f1, and with the agreement of the Welsh Ministers in respect of functions exercisable by them, makes the following Order:

Annotations to the whole text

Footnotes

f1

2007 c.12.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Commencement of provisions
  3. 3Schedule
  4. Signature
  5. Schedule: TRANSITIONAL AND SAVING PROVISIONS
  6. 1Interpretation
  7. 2AMHPs: general
  8. 3AMHPs: general
  9. 4AMHPs approved in relation to Wales
  10. 5AMHPs approved in relation to Wales
  11. 6AMHPs approved in relation to Wales
  12. 7AMHPs approved in relation to Wales
  13. 8AMHPs approved in relation to Wales
  14. 9AMHPs approved in relation to Wales
  15. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 and shall come into force on 3rd November 2008.

(2)

In this Order—

  • “the 2007 Act” means the Mental Health Act 2007;

  • “the 1983 Act” means the Mental Health Act 1983f1.

2Commencement of provisions

The following provisions of the 2007 Act shall come into force on 3rd November 2008—

(a)

section 18, insofar as not already in force;

(b)

section 21, insofar as it gives effect to Schedule 2 in relation to Wales and is not already in force;

(c)

section 30, insofar as it applies to Wales and is not already in force.

3Schedule

The Schedule to this Order, which makes transitional and saving provisions, shall have effect.

Signature

Signed by authority of the Secretary of State for Health.

Dawn Primarolo

Minister of State,

Department of Health

30th September 2008

1Interpretation

In this Schedule—

  • “ASW” means an approved social worker as defined in section 145(1) of the 1983 Act immediately before the commencement day;

  • “AMHP” means an approved mental health professional;

  • “commencement day” means 3rd November 2008;

  • “LSSA” means a local social services authority;

  • “the Approval Regulations” means the Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008f1.

2AMHPs: general

Where a person is approved as an ASW by an LSSA in Wales immediately before the commencement day, that person shall be treated as an AMHP approved by that LSSA in relation to Wales (“a Welsh approval”) and the Approval Regulations shall apply to the extent set out in the following provisions of this Schedule.

3AMHPs: general

Any decision made or action taken by an ASW before the commencement day shall be treated as made or taken by an AMHP.

4AMHPs approved in relation to Wales

Subject to regulation 5 of the Approval Regulations, a Welsh approval shall be for the unexpired period of that person’s approval as an ASW.

5AMHPs approved in relation to Wales

Regulation 5 of the Approval Regulations shall apply to a Welsh approval as if paragraph 2(c) of that regulation read—

“(c)

if, in the opinion of the approving LSSA, that person does not possess the relevant competencies;”.

6AMHPs approved in relation to Wales

A Welsh approval shall be subject to the conditions set out in regulation 7 of the Approval Regulations.

7AMHPs approved in relation to Wales

Any ASW whose registration as a social worker is suspended immediately before commencement day, shall be treated as an AMHP whose approval as an AMHP is suspended in accordance with regulation 6 of the Approval Regulations for so long as their registration as a social worker is suspended.

8AMHPs approved in relation to Wales

A Welsh approval may be suspended in accordance with regulation 6 of the Approval Regulations.

9AMHPs approved in relation to Wales

An LSSA in Wales shall record details of a Welsh approval in accordance with regulation 9 of the Approval Regulations, as if paragraph (1)(c) of that regulation read—

“(c)

the date that the person was approved as an ASW, and the date on which that approval expires;”.

Explanatory note

(This note is not part of the Order)

This Order is the eighth commencement order made under the Mental Health Act 2007(c.12) and brings into force on 3rd November 2008 the provisions set out in article 2.

The Order also makes transitional and saving provisions, which are set out in the Schedule to the Order.

The Schedule requires local social services authorities to treat as an approved mental health professional a person who had been approved as an approved social worker by an LSSA in Wales immediately before 3rd November 2008. The Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008 apply to persons treated in Wales as AMHPs to the extent set out in the Schedule.