View source for Legal status of Code of Practice set out in Act

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The legal status of the Code was explained in [[R (Munjaz) v Ashworth Hospital Authority (2005) UKHL 58]]. From 3/11/08 the Mental Health Act 1983 is amended with the intention of setting the situation out in statute. Section [[s118|118]](2D) states: "In performing functions under this Act persons mentioned in subsection (1)(a) or (b) shall have regard to the code." These people are:

:(a) registered medical practitioners, approved clinicians, managers and staff of hospitals, independent hospitals and care homes] and approved mental health professionals in relation to the admission of patients to hospitals and registered establishments under this Act and to guardianship and community patients under this Act; and 

:(b) registered medical practitioners and members of other professions in relation to the medical treatment of patients suffering from mental disorder. 

The Codes for England and Wales explain that departure from the Code will require good reasons.

==Related changes==

{{mha change|intro1}}
*{{mha change|principles}}

==Extract from Explanatory Notes==
'''Section 8: The fundamental principles '''

41. Section 8 amends section 118 of the 1983 Act to insert new subsections (2A) to (2D) into 
the existing provision regarding the requirement to have a Mental Health Act Code of
Practice.  

42. The new subsection (2A) requires the Secretary of State to include in the Code of Practice 
a statement of principles that he or she thinks should inform decisions made under the 1983 
Act. 

43. New subsection (2B) contains a list of issues that the Secretary of State must ensure are 
addressed in the statement of principles when preparing it.  Under new subsection (2C) the 
Secretary of State must also have regard to the desirability of ensuring the efficient use of 
resources and the equitable distribution of services.  

44. The responsibility for preparing and revising the Code of Practice in relation to Wales 
was transferred to the National Assembly for Wales, but, by virtue of the  Government of 
Wales Act 2006, this function transferred to and is now exercisable by the Welsh Ministers.   

45. New subsection (2D) provides that the people listed in section 118(1)(a) and (b) shall 
have regard to the Code of Practice. This is to confirm in statute the status of the Code of 
Practice, as elaborated on by the House of Lords in the case of R v Ashworth Hospital
Authority (now Mersey Care National Health Service Trust) ex parte Munjaz [2005] UKHL 
58. Those people listed in section 118(1)(a) and (b) (as amended by the 2007 Act) are
registered medical practitioners, approved clinicians, managers and staff of hospitals,
independent hospitals and care homes, and approved mental health professionals dealing with 
patients admitted to hospital, or subject to guardianship or SCT under the 1983 Act; and 
registered medical practitioners and members of other professions dealing with patients
suffering from a mental disorder.

==Commencement==
{{mha change info|3/11/08|7|8|[[s118]]}}

==Resources==

[[Mental Health Act 2007 Explanatory Notes]] - pages 9-10

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