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The Mental Health (Nurses) (England) Order 2008

S.I. 2008/1207 · Made 28 April 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

Made 28th April 2008

Coming into force in accordance with article 1(2)

The Secretary of State for Health, in exercise of powers conferred by section 5(4) and (7) of the Mental Health Act 1983f1 makes the following Order:

Annotations to the whole text

Footnotes

f1

1983 c.20. Section 5(4) was amended by section 9(2) of the Mental Health Act 2007 (c.12).

Contents

  1. 1Citation, commencement and application
  2. 2Prescribed classes of nurse
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation, commencement and application

(1)

This Order may be cited as the Mental Health (Nurses) (England) Order 2008.

(2)

This Order shall come into force on 3rd November 2008 immediately before the coming into force of the Mental Health (Hospital, Guardianship and Treatment) Regulations 2008f1.

(3)

This Order applies to England.

2Prescribed classes of nurse

(1)

For the purposes of section 5(4) of the Mental Health Act 1983 (power to detain patient in hospital for maximum of 6 hours) a nurse of the prescribed class is a nurse registered in either Sub-Part 1 or 2 of the register maintained under article 5 of the Nursing and Midwifery Order 2001f1, whose registration includes an entry specified in paragraph (2).

(2)

An entry in the register referred to in paragraph (1) is an entry indicating that the nurse’s field of practice is either—

(a)

mental health nursing, or

(b)

learning disabilities nursing.

3Revocation

The Mental Health (Nurses) Order 1998f1 is revoked in relation to England.

Signature

Signed by authority of the Secretary of State for Health.

Ivan Lewis

Parliamentary Under-Secretary of State

Department of Health

28th April 2008

Explanatory note

(This note is not part of the Order)

This Order revokes and replaces the Mental Health (Nurses) Order 1998 to the extent that that Order applies to England. This Order applies only to England and prescribes the classes of nurse empowered under section 5(4) of the Mental Health Act 1983 (c.20) (as amended by the Mental Health Act 2007 (c.12)) to detain, for up to six hours, a patient who is receiving treatment for mental disorder as a hospital in-patient.

This Order imposes no costs on business or the voluntary sector.