The Mental Health Bill received Royal Assent on the 19 July 2007 and is now The Mental Health Act 2007. The Act now comes into force on the 3rd November 2008 see below for the early commencement provisions.
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COMMENCEMENT OF PROVISIONS
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Commencement orders
31 July 2008
The "Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 20086 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008" brings the main changes that the Mental Health Act 2007 makes to the Mental Health Act 1983 into force on 3 November. Between them, the order and Schedule 10 of the 2007 of the 2007 Act itself, contain a number of transtional provisions relating to:
Applications for detention under Part 2 of the 1983 Act;
Detention under Part 3 of the 1983 Act;
Renewal of detention
Consent to treatment under Part 4 of the 1983 Act;
Guardianship;
Tribunals;
Applications to the County Court about the appointment of acting nearest relatives;
Approved mental health professionals; and
Decisions made prior to 3 November 2008 to be treated as decisions of approved clinicians.
The transitional arrangements required to enable the smooth introduction of approved clinicians are now included in - the "Mental Health Act 1983 Approved Clinician (General) Directions 2008" (which incorporate, and therefore replace the Mental Health Act 1983 Approved Clinician Directions 2008 published on 7 May).
Implementation of the Mental Health Act 2007: transitional arrangements The Mental Health Act 2007 (Commencement no 7 and Transitional Provisions) Order 2008. Statutory Instrument - draft The Mental Health Act 1983 Approved Clinician (General) Directions 2008
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TRANSITIONAL ARRANGEMENTS - IMPLEMENTATION OF THE MENTAL HEALTH ACT 2007
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http://www.dh.gov.uk/en/Healthcare/NationalServiceFrameworks/Mentalhealth/DH_077359
This revised Code of Practice has been prepared in accordance with section 118 of the Mental Health Act 1983 by the Secretary of State for Health after consulting such bodies as appeared to him to be concerned, and laid before Parliament. The Code will come into force in November 2008.
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SECTION 12 NATIONAL REFERENCE GROUP
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This group comprises of all Section 12(2) Panel Chairs and Administrators, they had their first National meeting in December to write a Consultantion Response to the Draft Code of Practice for the MHA 2007
- Report on MHA 2007 Consultation Exercise - Code of Practice
Mental Health Act 2007: report on the consultation exercises on the draft revised Code of Practice and secondary legislation
Published: 7 May 2008
This report covers the consultation exercises conducted from 24 October 2007 to 24 January 2008 on the draft revised Code of Practice to the Mental Health Act 1983 and on the secondary legislation to be made in the light of the Mental Health Act 2007. It details the process, analyses the responses received and explains which comments were accepted and which discarded and why.
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MHA 2007 USEFUL ADDITIONAL INFORMATION
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MENTAL HEALTH ACT 2007 TRAINING COURSES
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MENTAL HEALTH ACT 2007 TRAINING & RMO TO APPROVED CLINICIAN ONE DAY CONVERSION COURSE.
The Mental Health Act 1983, as amended by the Mental Health Act 2007, comes into force (apart from some specific provisions) on the 1st October 2008.
The Roles and Responsibilities of Section 12(2) doctors remain unchanged in the main; however, all s12 doctors need to have a clear understanding of the forthcoming changes. CSIP and the Section 12(2) Panel therefore strongly recommend ALL s12 doctors complete a one day training course on the Act.
These courses will also enable the seamless transfer from being a Responsible Medical Officer to an Approved Clinician/Responsible Clinician and the associated responsibilities.
If you are unable to attend the above training CSIP are currently developing a variety of training materials which should be available from April, for further information visit the CSIP website on
www.csip.org.uk.
These interactive courses will consist of talks on the major changes to the Act and Professional Roles with workshops to discuss the implications of the changes, at the end of the day you will
• Understand the major changes to the legislation
• Understand the new roles and responsibilities of the Approved/Responsible Clinician and other professional members of your team.
• Be able to help your organisation/Trust/Hospital with planning for these changes.
The courses are not Section 12 Refresher courses and are open to all health and Social Care Professionals. The days are validated for 6 hours CPD
- THURSDAY 9 SEPTEMBER 2008 NEWQUAY CORNWALL
This is an excellent Conversion course for RMO to Approved Clinicians, it is also suitable for ALL health and social care professionals who is to undertake MHA 2007 training
- TUESDAY 18 NOVEMBER 2008 BATH
This is an excellent Conversion course for RMO to Approved Clinicians, it is also suitable for ALL health and social care professionals who is to undertake MHA 2007 training
- SECTION 12 TWO DAY REFRESHER PLUS CONVERSION COURSE 12/13 NOVEMBER 2008 BATH
This lively and interactive 2 day course is ideal for pracitioners who have to undertake mandatory Section 12 refresher training in order to meet the requirement for s12 reapproval, but who also require RMO to Approved Clinican training as this course is not only value for money but an excellent way of achieving all the necessary training.
- MENTAL HEALTH ACT 2007 TRAINING 27 NOVEMBER 2008 NEWPORT WALES
This is an excellent Conversion course for RMO to Approved Clinicians, it is also suitable for ALL health and social care professionals who is to undertake MHA 2007 training. This course will cover the changes both in England and Wales and is therefore suitable for both practitioners who work in either England and Wales
