The Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008

• Citation: S.I. 2008/2561
• Sections: 12

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Mental Health Act 2007 (Commencement No. 8 and Transitional Provisions) Order 2008 and shall come into force on 3rd November 2008.

(2) In this Order—

“the 2007 Act ” means the Mental Health Act 2007;

“the 1983 Act ” means the Mental Health Act 1983 .

Section 2 Commencement of provisions

The following provisions of the 2007 Act shall come into force on 3rd November 2008—

(a) section 18, insofar as not already in force;

(b) section 21, insofar as it gives effect to Schedule 2 in relation to Wales and is not already in force;

(c) section 30, insofar as it applies to Wales and is not already in force.

Section 3 Schedule

The Schedule to this Order, which makes transitional and saving provisions, shall have effect.

Section 1 Interpretation

In this Schedule—

“ ASW ” means an approved social worker as defined in section 145(1) of the 1983 Act immediately before the commencement day;

“ AMHP ” means an approved mental health professional;

“commencement day” means 3rd November 2008;

“ LSSA ” means a local social services authority;

“the Approval Regulations ” means the Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008 .

Section 2 AMHPs : general

Where a person is approved as an ASW by an LSSA in Wales immediately before the commencement day, that person shall be treated as an AMHP approved by that LSSA in relation to Wales (“a Welsh approval”) and the Approval Regulations shall apply to the extent set out in the following provisions of this Schedule.

Section 3 AMHPs : general

Any decision made or action taken by an ASW before the commencement day shall be treated as made or taken by an AMHP.

Section 4 AMHPs approved in relation to Wales

Subject to regulation 5 of the Approval Regulations, a Welsh approval shall be for the unexpired period of that person’s approval as an ASW.

Section 5 AMHPs approved in relation to Wales

Regulation 5 of the Approval Regulations shall apply to a Welsh approval as if paragraph 2(c) of that regulation read—

(c) if, in the opinion of the approving LSSA, that person does not possess the relevant competencies;

Section 6 AMHPs approved in relation to Wales

A Welsh approval shall be subject to the conditions set out in regulation 7 of the Approval Regulations.

Section 7 AMHPs approved in relation to Wales

Any ASW whose registration as a social worker is suspended immediately before commencement day, shall be treated as an AMHP whose approval as an AMHP is suspended in accordance with regulation 6 of the Approval Regulations for so long as their registration as a social worker is suspended.

Section 8 AMHPs approved in relation to Wales

A Welsh approval may be suspended in accordance with regulation 6 of the Approval Regulations.

Section 9 AMHPs approved in relation to Wales

An LSSA in Wales shall record details of a Welsh approval in accordance with regulation 9 of the Approval Regulations, as if paragraph (1)(c) of that regulation read—

(c) the date that the person was approved as an ASW, and the date on which that approval expires;