Mental Health Act 2007 - legislation

1 Mental Health Act 2007 CHAPTER 12 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separatelyMental Health Act 2007 CHAPTER 12 CONTENTSPART 1 AMENDMENTS TO Mental Health ACT 1983 CHAPTER 1 CHANGES TO KEY PROVISIONSM ental disorder1 Removal of categories of Mental disorder2 Learning disability3 Changes to exclusions from operation of 1983 ActTests for detention etc4 Replacement of treatability and care tests with appropriate treatment test5 Further cases in which appropriate treatment test is to applyMedical treatment6 Appropriate treatment test in Part 4 of 1983 Act7 Change in definition of medical treatment Fundamental principles8 The fundamental principlesMental Health Act 2007 (c.)

2 12)iiCHAPTER 2 PROFESSIONAL ROLESA pproved clinicians and responsible clinicians9 Amendments to Part 2 of 1983 Act10 Amendments to Part 3 of 1983 Act11 Further amendments to Part 3 of 1983 Act12 Amendments to Part 4 of 1983 Act13 Amendments to Part 5 of 1983 Act14 Amendments to other provisions of 1983 Act15 Amendments to other Acts16 Certain registered medical practitioners to be treated as approved undersection 12 of 1983 Act17 Regulations as to approvals in relation to England and WalesApproved Mental Health professionals18 Approved Mental Health professionals19 Approval of courses etc for approved Mental Health professionals20 Amendment to section 62 of Care Standards Act 200021 Approved Mental Health professionals: further amendmentsConflicts of interest in professional roles22 Conflicts of interestCHAPTER 3 SAFEGUARDS FOR PATIENTSP atient s nearest relative23 Extension of power to appoint acting nearest relative24 Discharge and variation of orders appointing nearest relative25 Restriction of nearest relative s right to apply to tribunal26 Civil partnersConsent to treatment27 Electro-convulsive therapy, 27: supplemental29 Withdrawal of consentAdvocacy30 Independent Mental Health advocatesAccommodation, , Health Act 2007 (c.

3 12)iiiCHAPTER 4 SUPERVISED COMMUNITY TREATMENT32 Community treatment orders, etc33 Relationship with leave of absence34 Consent to treatment35 Authority to treat36 Repeal of provisions for after-care under supervisionCHAPTER 5 Mental Health REVIEW TRIBUNALS37 References38 OrganisationCHAPTER 6 CROSS-BORDER PATIENTS39 Cross-border arrangementsCHAPTER 7 RESTRICTED PATIENTS40 Restriction orders41 Conditionally discharged patients subject to limitation directionsCHAPTER 8 MISCELLANEOUS42 Offence of ill-treatment: increase in maximum penalty on conviction onindictment43 Informal admission of patients aged 16 or 1744 Places of safety45 Delegation of powers of managers of NHS foundation trusts46 Local Health Boards47 Welsh Ministers: procedure for instrumentsPART 2 AMENDMENTS TO OTHER ACTSCHAPTER 1 AMENDMENTS TO DOMESTIC VIOLENCE, CRIME AND VICTIMS ACT 200448 Victims rightsMental Health Act 2007 (c.

4 12)ivCHAPTER 2 AMENDMENTS TO Mental CAPACITY ACT 200549 Independent Mental capacity advocacy service: exceptions50 Mental Capacity Act 2005: deprivation of liberty51 Amendment to section 20(11) of Mental Capacity Act 2005 PART 3 GENERAL52 Meaning of 1983 Act 53 Transitional provisions and savings54 Consequential provisions55 Repeals and revocations56 Commencement57 Commencement of section 3658 Extent59 Short titleSchedule 1 Categories of Mental disorder: further amendments etcPart 1 Amendments to 1983 ActPart 2 Amendments to other ActsSchedule 2 Approved Mental Health professionals: further amendmentsto 1983 ActSchedule 3 Supervised community treatment: further amendments to1983 ActSchedule 4 Supervised community treatment: amendments to other ActsSchedule 5 Cross-border arrangementsPart 1 Amendments to Part 6 of 1983 ActPart 2 Related amendmentsSchedule 6 Victims rightsSchedule 7 Mental Capacity Act 2005: new Schedule A1 Schedule 8 Mental Capacity Act 2005.

5 New Schedule 1 ASchedule 9 Amendments relating to new section 4A of,& Schedule A1 to, Mental Capacity Act 2005 Part 1 Other amendments to Mental Capacity Act 2005 Part 2 Amendments to other ActsSchedule 10 Transitional provisions and savingsSchedule 11 Repeals and revocationsPart 1 Removal of categories of Mental disorderPart 2 Replacement of treatability and care testsPart 3 Approved clinicians and responsible cliniciansPart 4 Safeguards for patientsPart 5 Supervised community treatmentPart 6 Organisation of tribunalsPart 7 Cross-border arrangementsPart 8 Restricted patientsPart 9 MiscellaneousPart 10 Deprivation of libertyELIZABETH IIc.

6 12 Mental Health Act 20072007 CHAPTER 12An Act to amend the Mental Health Act 1983, the Domestic Violence, Crimeand Victims Act 2004 and the Mental Capacity Act 2005 in relation to mentallydisordered persons; to amend section 40 of the Mental Capacity Act 2005; andfor connected purposes.[19th July 2007]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 AMENDMENTS TO Mental Health ACT 1983 CHAPTER 1 CHANGES TO KEY PROVISIONSM ental disorder1 Removal of categories of Mental disorder(1)Section 1(2) of the 1983 Act (key definitions) is amended as set out insubsections (2) and (3).

7 (2)For the definitions of Mental disorder and mentally disordered substitute Mental disorder means any disorder or disability of the mind;and mentally disordered shall be construed accordingly; .(3)The following definitions are omitted BMental Health Act 2007 (c. 12)Part 1 Amendments to Mental Health Act 1983 Chapter 1 Changes to key provisions2(a)those of severe Mental impairment and severely mentallyimpaired ,(b)those of Mental impairment and mentally impaired , and(c)that of psychopathic disorder .(4)Schedule 1 (which contains further amendments to the 1983 Act andamendments to other Acts) has disability(1)Section 1 of the 1983 Act (application of Act) is amended as follows.

8 (2)After subsection (2) insert (2A)But a person with learning disability shall not be considered by reasonof that disability to be (a)suffering from Mental disorder for the purposes of theprovisions mentioned in subsection (2B) below; or(b)requiring treatment in hospital for Mental disorder for thepurposes of sections 17E and 50 to 53 below,unless that disability is associated with abnormally aggressive orseriously irresponsible conduct on his part.(2B)The provisions are (a)sections 3, 7, 17A, 20 and 20A below;(b)sections 35 to 38, 45A, 47, 48 and 51 below; and(c)section 72(1)(b) and (c) and (4) below.

9 (3)After subsection (3) insert (4)In subsection (2A) above, learning disability means a state of arrestedor incomplete development of the mind which includes significantimpairment of intelligence and social functioning. 3 Changes to exclusions from operation of 1983 ActIn section 1 of the 1983 Act (application of Act), for subsection (3) substitute (3)Dependence on alcohol or drugs is not considered to be a disorder ordisability of the mind for the purposes of subsection (2) above. Tests for detention etc4 Replacement of treatability and care tests with appropriate treatment test(1)The 1983 Act is amended as follows.

10 (2)In section 3 (admission for treatment) (a)in subsection (2), omit paragraph (b) (and the word and at the end ofthat paragraph),(b)in that subsection, after paragraph (c) insert ; and(d)appropriate medical treatment is available for him. ,and(c)in subsection (3)(a), for (b) substitute (d) . Mental Health Act 2007 (c. 12)Part 1 Amendments to Mental Health Act 1983 Chapter 1 Changes to key provisions3(3)In that section, after subsection (3) insert (4)In this Act, references to appropriate medical treatment, in relation to aperson suffering from Mental disorder, are references to medicaltreatment which is appropriate in his case, taking into account thenature and degree of the Mental disorder and all other circumstances ofhis case.