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Transitional provisions until full implementation of MHA 2007

Schedule 10 contains various transitional provisions and savings, under the following headings:

  • Authority to detain etc
  • Consent to treatment
  • Reclassification of patients
  • Supervised community treatment
  • Nearest relative
  • Independent mental health advocates
  • Applications and references to Mental Health Review Tribunal

Other transitional provisions can be found in the commencement orders.

Extract from Explanatory Notes

Section 53 and Schedule 10: Transitional provision and savings

245. Section 53 introduces Schedule 10, which contains a number of transitional provisions. These transitional provisions provide a bridge from the system as it operates at present under the 1983 Act to the one that will operate under the amendments made to the 1983 Act by the 2007 Act. They stipulate the extent to which an amendment to the 1983 Act applies to or has an impact on a patient who is subject to the 1983 Act when the amendments come into force. The transitional provisions in Schedule 10 relate to provisions in the 2007 Act concerning:

  • the authority to detain a patient
  • consent to treatment
  • the reclassification of a patient's mental disorder
  • the patient's nearest relative
  • the rules governing applications and referrals to the MHRT
  • independent mental health advocates.

Commencement

Date in forceCommencement orderMHA 2007 sectionMHA 1983 sections affected
19/7/07 Act itself 53, sch 10 Various amendments are disapplied in certain situations

Resources

Mental Health Act 2007 Explanatory Notes - page 42

See also the following which contain transitional arrangements:

All pages in this "Changes made by MHA 2007" category...