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

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This order brings the following sections of the MHA 2007 into force on 3/11/08:

(a) s18 (AMHPs) - remainder
(b) s21 & sch 2 (Approval of courses etc for AMHPs) - Wales only
(c) s30 (IMHAs) - remainder, Wales only

It also brings into force the following transitional and saving provisions in relation to ASWs/AMHPs.

Transitional and Saving Provisions

Interpretation

1. 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 2008(3).

AMHPs: general

2. 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.

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

AMHPs approved in relation to Wales

4. 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.

5. 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;”.

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

7. 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.

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

9. 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.

Resources

on OPSI website