Mental Health Act 2007
Mental Health Act 2007 (2007 c. 12)
- Mental Health Act 2007 (2007 c. 12)
- Part 1 Amendments to Mental Health Act 1983
- Chapter 1 Changes to key provisions
- Mental disorder
- 1 Removal of categories of mental disorder
- 2 Learning disability
- 3 Changes to exclusions from operation of 1983 Act
- Tests for detention etc
- 4 Replacement of “treatability” and “care” tests with appropriate treatment test
- 5 Further cases in which appropriate treatment test is to apply
- Medical treatment
- 6 Appropriate treatment test in Part 4 of 1983 Act
- 7 Change in definition of “medical treatment”
- Fundamental principles
- 8 The fundamental principles
- Chapter 2 Professional roles
- Approved clinicians and responsible clinicians
- 9 Amendments to Part 2 of 1983 Act
- 10 Amendments to Part 3 of 1983 Act
- 11 Further amendments to Part 3 of 1983 Act
- 12 Amendments to Part 4 of 1983 Act
- 13 Amendments to Part 5 of 1983 Act
- 14 Amendments to other provisions of 1983 Act
- 15 Amendments to other Acts
- 16 Certain registered medical practitioners to be treated as approved under section 12 of 1983 Act
- 17 Regulations as to approvals in relation to England and Wales
- Approved mental health professionals
- 18 Approved mental health professionals
- 19 Approval of courses etc for approved mental health professionals
- 20 Amendment to section 62 of Care Standards Act 2000
- 21 Approved mental health professionals: further amendments
- Conflicts of interest in professional roles
- 22 Conflicts of interest
- Chapter 3 Safeguards for patients
- Patient's nearest relative
- 23 Extension of power to appoint acting nearest relative
- 24 Discharge and variation of orders appointing nearest relative
- 25 Restriction of nearest relative's right to apply to tribunal
- 26 Civil partners
- Consent to treatment
- 27 Electro-convulsive therapy, etc.
- 28 Section 27: supplemental
- 29 Withdrawal of consent
- Advocacy
- 30 Independent mental health advocates
- Accommodation, etc.
- 31 Accommodation, etc.
- Chapter 4 Supervised community treatment
- 32 Community treatment orders, etc
- 33 Relationship with leave of absence
- 34 Consent to treatment
- 35 Authority to treat
- 36 Repeal of provisions for after-care under supervision
- Chapter 5 Mental Health Review Tribunals
- 37 References
- 38 Organisation
- Chapter 6 Cross-border patients
- 39 Cross-border arrangements
- Chapter 7 Restricted patients
- 40 Restriction orders
- 41 Conditionally discharged patients subject to limitation directions
- Chapter 8 Miscellaneous
- 42 Offence of ill-treatment: increase in maximum penalty on conviction on indictment
- 43 Informal admission of patients aged 16 or 17
- 44 Places of safety
- 45 Delegation of powers of managers of NHS foundation trusts
- 46 Local Health Boards
- 47 Welsh Ministers: procedure for instruments
- Part 2 Amendments to other Acts
- Chapter 1 Amendments to Domestic Violence, Crime and Victims Act 2004
- 48 Victims' rights
- Chapter 2 Amendments to Mental Capacity Act 2005
- 49 Independent mental capacity advocacy service: exceptions
- 50 Mental Capacity Act 2005: deprivation of liberty
- 51 Amendment to section 20(11) of Mental Capacity Act 2005
- Part 3 General
- 52 Meaning of “1983 Act”
- 53 Transitional provisions and savings
- 54 Consequential provisions
- 55 Repeals and revocations
- 56 Commencement
- 57 Commencement of section 36
- 58 Extent
- 59 Short title
- SCHEDULES
- SCHEDULE 1 Categories of mental disorder: further amendments etc
- Part 1 Amendments to 1983 Act
- Part 2 Amendments to other Acts
- Juries Act 1974
- Contempt of Court Act 1981
- Family Law Act 1996
- Housing Act 1996
- Care Standards Act 2000
- Mental Capacity Act 2005
- National Health Service Act 2006
- National Health Service (Wales) Act 2006
- Police and Justice Act 2006
- SCHEDULE 2 Approved mental health professionals: further amendments to 1983 Act
- SCHEDULE 3 Supervised community treatment: further amendments to 1983 Act
- Application in respect of patient already in hospital
- Return of patients absent without leave
- Assignment of responsibility for community patients
- Renewal of authority to detain patients
- Special provisions as to patients absent without leave
- Patients sentenced to imprisonment etc
- Discharge
- Orders appointing acting nearest relative
- Regulations for purposes of Part 2
- Wards of court
- Restricted patients
- Applications and references to Mental Health Review Tribunal
- After-care services
- Code of practice
- General protection of detained patients
- Offences
- Duty to give information
- Retaking of patients escaping from custody
- Members of Parliament suffering from mental disorder
- Interpretation
- Extent
- Application of certain provisions to patients concerned in criminal proceedings
- SCHEDULE 4 Supervised community treatment: amendments to other Acts
- Administration of Justice Act 1960
- Criminal Appeal Act 1968
- Courts-Martial (Appeals) Act 1968
- Juries Act 1974
- SCHEDULE 5 Cross-border arrangements
- Part 1 Amendments to Part 6 of 1983 Act
- Introduction
- Transfer of patients: Scotland
- Transfer of patients: Northern Ireland
- Transfer of patients: Channel Islands and Isle of Man
- Patients absent from hospitals in England and Wales
- Regulations for purposes of Part 6
- General provisions as to patients removed from England and Wales
- Interpretation
- Part 2 Related amendments
- The 1983 Act
- Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078)
- SCHEDULE 6 Victims' rights
- Introduction
- Hospital orders (with or without restriction orders)
- Hospital directions and limitation directions
- Transfer directions (with or without restriction directions)
- Interpretation
- SCHEDULE 7 Mental Capacity Act 2005: new Schedule A1
- SCHEDULE 8 Mental Capacity Act 2005: new Schedule 1A
- SCHEDULE 9 Amendments relating to new section 4A of, & Schedule A1 to, Mental Capacity Act 2005
- Part 1 Other amendments to Mental Capacity Act 2005
- Introduction
- New section 21A
- Section 35: Appointment of independent mental capacity advocates
- Section 38: IMCAs and provision of accommodation by NHS body
- Section 39: IMCAs and provision of accommodation by local authority
- New section 39A
- Section 40: Exceptions to duty to appoint IMCAs
- Section 42: Codes of practice
- Section 50: Application to the Court of Protection
- Section 64: Interpretation
- Section 65: Rules, regulations and orders
- Part 2 Amendments to other Acts
- National Assistance Act 1948 (c. 29)
- Local Authority Social Services Act 1970 (c. 42)
- SCHEDULE 10 Transitional provisions and savings
- Interpretation
- 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
- SCHEDULE 11 Repeals and revocations
- Part 1 Removal of categories of mental disorder
- Part 2 Replacement of “treatability” and “care” tests
- Part 3 Approved clinicians and responsible clinicians
- Part 4 Safeguards for patients
- Part 5 Supervised community treatment
- Part 6 Organisation of tribunals
- Part 7 Cross-border arrangements
- Part 8 Restricted patients
- Part 9 Miscellaneous
- Part 10 Deprivation of liberty
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