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 force | Commencement order | MHA 2007 section | MHA 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:
- Implementation of the Mental Health Act 2007: transitional arrangements - Guidance on DH website published on 31/7/08
- Mental Health Act 2007: Patients on After-Care Under Supervision (ACUS): Transitional Arrangements - Guidance on DH website published on 7/5/08
- Implementing the Mental Health Act 2007: Guidance on transitional arrangements - October 2008, Welsh Assembly Government
INFORMATION
What links here:
- Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008
- Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008
- Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008