Office of Public Sector Information
Statutory Instruments
Mental Health
Made
28th October 2008
Coming into force as provided in article 1
Amendment of subordinate legislation
7.Amendment of the Mental Health Act Commission (Establishment and Constitution) Order 1983
8.Amendment of the Family Proceedings Courts (Matrimonial Proceedings etc) Rules 1991
9.Revocation of the Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996
11.Amendment of the NHS Bodies and Local Authorities Partnership Arrangements Regulations 2000
12.Amendment of the National Health Service (Payments by Local Authorities to NHS Bodies) (Prescribed Functions) Regulations 2000
13.Amendment of the National Health Service Bodies and Local Authorities Partnership Arrangements (Wales) Regulations 2000
14.Amendment of the National Health Service (Payments by Local Authorities to Health Authorities) (Prescribed Functions) (Wales) Regulations 2001
15.Revocation of the Mental Health Act 1983 (Remedial) Order 2001
16.Amendment of the Private and Voluntary Health Care (England) Regulations 2001
17.Amendment of the Community Care (Direct Payments) (Scotland) Regulations 2003
18.Amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003
19.Amendment of the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2004
20.Amendment of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005
Whereas a draft of this instrument was laid before Parliament in accordance with section 54(5) of the Mental Health Act 2007(1) and approved by resolution of each House of Parliament.
The Secretary of State for Health, in exercise of the powers conferred by section 54(1) and (2) of the Mental Health Act 2007, and with the agreement of the Welsh Ministers, makes the following Order:
1.—(1) This Order may be cited as the Mental Health Act 2007 (Consequential Amendments) Order 2008.
(2) Subject to paragraph (3), this Order comes into force on 3 November 2008.
(3) Articles 11, 12, 13, 14, 17(b), 18(b) and 19(b) come into force on 4 May 2009.
2.—(1) Subject to paragraphs (2), (3), (4) and (5), this Order extends to England and Wales only.
(2) Article 4 also extends to Scotland and Northern Ireland.
(3) Article 6 also extends to Scotland.
(4) Article 16 extends to England only.
(5) Article 17 extends to Scotland only.
(6) Article 20 also extends to Northern Ireland.
3. In Schedule 1 to the Local Authority Social Services Act 1970(2) (social services functions), in the entry relating to section 114 of the Mental Health Act 1983(3), for “approved social workers” substitute “approved mental health professionals”.
4. In section 68(1) of the Disability Discrimination Act 1995(4) (interpretation), the definition of “mental impairment” is repealed.
5. In section 63L(4) of the Family Law Act 1996(5) (remand: medical examination and report), for “mental illness or severe mental impairment” substitute “mental disorder within the meaning of the Mental Health Act 1983”.
6. Paragraph 34(4) of Schedule 1 to the Disability Discrimination Act 2005(6) (minor and consequential amendments) is repealed.
1970 c. 42. Back [2]
1983 c. 20. Back [3]
1996 c. 27. Section 63L was inserted by section 1 of the Forced Marriage (Civil Protection) Act 2007 (c.20). Back [5]
The Mental Health Act 2007 (Consequential Amendments) Order 2008