- Mental Health Act 2007
The Mental Health Act 2007
Parliament of the United Kingdom
Long title An Act to amend the Mental Health Act 1983, the Domestic Violence, Crime and Victims Act 2004 and the Mental Capacity Act 2005 in relation to mentally disordered persons; to amend section 40 of the Mental Capacity Act 2005; and for connected purposes. Statute book chapter 2007 c 12 Introduced by Lord Warner Dates Royal Assent 19 July 2007 Status: History of passage through Parliament Text of statute as originally enacted Revised text of statute as amended
The Mental Act 2007 (c 12) is an Act of the Parliament of the United Kingdom. It amends the Mental Health Act 1983 and the Mental Capacity Act 2005. It applies to people in England and Wales. Most of the Act was implemented on 3 November 2008.
It introduces significant changes which include:
- Introduction of Supervised Community Treatment, including Community Treatment Orders (CTOs). This new power replaces supervised discharge with a power to return the patient to hospital, where the person may be forcibly medicated, if the medication regime is not being complied with in the community.
- Redefining professional roles: broadening the range of mental health professionals who can be responsible for the treatment of patients without their consent.
- Nearest relative: making it possible for some patients to appoint a civil partner as nearest relative.
- Definition of mental disorder: introduce a new definition of mental disorder throughout the Act, abolishing previous categories
- Criteria for Involuntary commitment: introduce a requirement that someone cannot be detained for treatment unless appropriate treatment is available and remove the treatability test.
- Mental Health Review Tribunal (MHRT): improve patient safeguards by taking an order-making power which will allow the current time limit to be varied and for automatic referral by hospital managers to the MHRT.
- Introduction of independent mental health advocates (IMHAs) for 'qualifying patients'.
- Electroconvulsive Therapy may not be given to a patient who has capacity to refuse consent to it, and may only be given to an incapacitated patient where it does not conflict with any advance directive, decision of a donee or deputy or decision of the Court of Protection.
During the Act's development, there were concerns expressed that the changes proposed by the Mental Health Bill were draconian. As a result, the government was forced in 2006 to abandon their original plans to introduce the Bill outright and had to amend the 1983 Act instead. Despite this concession, the Bill was still defeated a number of times in the House of Lords prior to its receiving Royal Assent.
- ^ The citation of this Act by this short title is authorised by section 59 of this Act.
- ^ http://www.publications.parliament.uk/pa/pabills/200607/mental_health.htm
- ^ In Scotland, these matters are covered by the Mental Health (Care and Treatment) (Scotland) Act 2003. In Northern Ireland, by Mental Health (Northern Ireland) Order 1986, which has been amended by the The Mental Health (Amendment) (Northern Ireland) Order 2004.
- ^ a b Mental Health Act 2007: key documents from Department of Health website. accessed 14 November 2008
- ^ Mental Health Act 2007 Accessed November 14 2008
- ^ "Mental Health Bill 'to be axed'". BBC News. 2006-03-23. http://news.bbc.co.uk/1/hi/health/4835484.stm. Retrieved 2008-12-15.
- ^ "Ministers lose mental health vote". BBC News. 2007-02-19. http://news.bbc.co.uk/1/hi/uk_politics/6374547.stm. Retrieved 2008-12-15.
- Mental Health Act 2007: Overview Article on the Act from WikiMentalHealth
- CSIP Implementating the amended Mental Health Act from NIMHE
- Mental Health Act 1983 from WikiMentalHealth Shows how the 2007 Act has updated the 1983 Act.
- Institute of Mental Health Act Practitioners
- Official text of the Mental Health Act 2007 as amended and in force today within the United Kingdom, from the UK Statute Law Database
- Official text of the Mental Health Act 2007 as originally enacted within the United Kingdom, from the UK Statute Law Database
- Explanatory notes to the Mental Health Act 2007.
Mental health law in the United Kingdom 18th centuryMadhouses Act 1774 19th centuryCriminal Lunatics Act 1800 · County Asylums Act 1808 · Marriage of Lunatics Act 1811 · Scottish Madhouses Act 1815 · Criminal Lunatics Amendment Act 1815 · Irish Lunatic Asylums for the Poor Act 1817 · Pauper Lunatics Act 1819 · County Asylums Act 1828 · Madhouses Act 1828 · Chancery Lunatics Property Act 1828 · Madhouses Act 1832 · County Asylums Act 1845 · Lunacy Act 1845 · Idiots Act 1886 · Lunacy (Vacating of Seats) Act 1886 20th centuryMental Treatment Act 1930 · Mental Health Act 1959 · Mental Health Act 1983 · Mental Capacity Act 2005 · Mental Health Act 2007 Public bodiesLunacy Commission · Board of Control for Lunacy and Mental Deficiency · Mental Health Review Tribunal (England and Wales) OtherDiminished responsibility in English law · Fixated Threat Assessment Centre United Kingdom legislation Pre-Parliamentary legislation Acts of Parliament by states preceding
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