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The Mental Health Act 2007 (Commencement No.9) Order 2008

S.I. 2008/2788 · Made 22 October 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 22nd October 2008

The Secretary of State for Health, in exercise of the power conferred by section 56(1) of the Mental Health Act 2007f1, makes the following Order:

Annotations to the whole text

Footnotes

f1

2007 c.12.

Contents

  1. 1Citation and extent
  2. 2Commencement of provisions
  3. Signature
  4. Explanatory note

1Citation and extent

(1)

This Order may be cited as the Mental Health Act 2007 (Commencement No. 9) Order 2008.

(2)

This Order extends to England and Wales.

2Commencement of provisions

The following provisions of the Mental Health Act 2007 shall come into force on 28th October 2008—

(a)

section 39 (cross-border arrangements) insofar as it gives effect to Schedule 5 and is not already in force;

(b)

section 55 (repeals and revocations) insofar as it gives effect to Part 7 of Schedule 11.

Signature

Signed by authority of the Secretary of State for Health.

Phil Hope

Minister of State,

Department of Health

22nd October 2008

Explanatory note

(This note is not part of the Order)

This Order is the ninth commencement order made under the Mental Health Act 2007(c.12) and brings into force the provisions set out in article 2 on 28th October 2008. These provisions amend section 88 of the Mental Health Act 1983(c.20), so that that section only applies to the return from Northern Ireland of patients absent from hospitals in England and Wales, and make related repeals and revocations. Provisions about the return of patients from Scotland, the Isle of Man and the Channel Islands are now to be found in the legislation of the jurisdiction in question.