The Mental Health Act 2007 (Commencement No.10 and Transitional Provisions) Order 2009

• Citation: S.I. 2009/139
• Sections: 7

Section 1 Citation and interpretation

(1) This Order may be cited as the Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 and shall come into force on the 1st April 2009.

(2) In this Order,

“the 2005 Act ” means the Mental Capacity Act 2005 ; and

“ the Act ” means the Mental Health Act 2007.

Section 2 Appointed day

The 1st April 2009 is the day appointed for the coming into force of the following provisions of the Act—

(a) section 30 (independent mental health advocates), in so far as it applies to England and is not already in force;

(b) section 50 (deprivation of liberty) in so far as not already in force;

(c) Schedule 7 (which inserts new Schedule A1 into the 2005 Act) in so far as not already in force;

(d) Schedule 8 (which inserts new Schedule 1A into the 2005 Act);

(e) Schedule 9 (which makes other amendments to the 2005 Act and to other Acts) in so far as not already in force; and

(f) Part 10 (deprivation of liberty) of Schedule 11 and in so far as it relates to that Part, section 55 (repeals and revocations) of the Act.

Section 3 Schedule

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

Section 1 Interpretation

In this Schedule—

“managing authority” shall be construed in accordance with paragraphs 176, 177 and 179 of Schedule A1 to the 2005 Act;

“ the Regulations ” mean the Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 ;

“standard authorisation” has the same meaning as in paragraph 8 of Schedule A1 to the 2005 Act; and

“urgent authorisation” has the same meaning as in paragraph 9 of Schedule A1 to the 2005 Act.

Section 2 Standard authorisations

Where a request for a standard authorisation is made by the managing authority on or before the 30th April 2009, paragraph (1) of regulation 13 (time frame for assessments) of the Regulations shall apply to the request as if that paragraph read—

(1) Except as provided in paragraph (2), all assessments required for a standard authorisation must be completed within the period of 42 days beginning with the date on which the supervisory body receives a request for such an authorisation.

Section 3 Urgent authorisations

Where a managing authority decides to give an urgent authorisation under paragraph 76 of Schedule A1 to the 2005 Act on or before the 30th April 2009, sub-paragraph (2) of paragraph 78 (terms of authorisation) of Schedule A1 to the 2005 Act shall apply as if that sub-paragraph read—

(2) That period must not exceed 21 days.

Section 4 Extensions of authorisations

Paragraphs 77(3) to (5) (duty to give authorisation) and paragraphs 84, 85 and 86 (request for extension of duration) of Schedule A1 to the 2005 Act shall not apply in relation to urgent authorisations given on or before the 30th April 2009.