Final versions of the revised Code of Practice to the Mental Health
Act 1983 as amended by the Mental Health Act 2007 and the
associated secondary legislation published
Please note that it may take a little
time for the secondary legislation to appear on the OPSI
website.
Also on the Department of
Health website are:
- guidance on the transitional
arrangements for ACUS patients;
- a summary of the changes to the
Hospital Guardianship and Treatment regulations;
- a summary of changes in the revised
Code;
- the report of the consultation
exercises.
The Code and secondary legislation
will come into force on Monday 3 November this year, which is when
the majority of the main changes by made the Mental Health Act 2007
to the Mental Health Act 1983 will also come into effect.
The revised Code is only available
electronically at present. Parliament now has 40 days during which
it can vote against the Code. Unless that happens, The Stationery
Office will publish a hard copy of the Code for purchase once that
period has passed.
7th May 2008
Please find below information
relating to the reform of the Mental Health Act 1983. For other
issues relating to the UK Parliament and Government please refer
to:
Reform of the Mental Health Act (1983)
The Mental Health Bill was
published on 17th November. We would like to encourage members to
contact their MP to express their opinions, please see
our
newsletters for details. The
Bill and associated documents can be found
online.
The Government announced its
intention to reform the Mental Health Act (1983) in September 1998.
Since then, there has been a Green Paper, a White Paper and a Draft
Bill, the Government published a revised Draft Bill in September
2004. Parliament then established a Scrutiny Committee of
Peers and MPs to report on the proposals. In March 2006 the
Government abandoned its plans to pursue a new Act and instead
decided to amend the 1983 Act.
The following information contains
links to Government and Parliamentary documents and the
College's responses to developments:
> House of Commons
> House of Lords Third Reading
> House of Lords Report Stage
At Lords Report Stage the College
tabled amendments to the Bill in the following areas on behalf of
the Mental Health Alliance:
- Principles on the face of the Bill
- Strengthening of the exclusions
- Therapeutic benefit
- Amending the ‘3 month’ rule’
- Medical requirement for renewal of detention
-
Report Stage in the House of Lords: 26th February 2007
(continues
here and
here)
-
Report Stage in the House of Lords: 19th February 2007
(continues
here and
here)
> House of Lords Committee Stage
At Lords Committee Stage the College
tabled amendments to the Bill in the following areas on behalf of
the Mental Health Alliance:
- Adding exclusions to the definition of mental disorder.
- Introducing a concept of impaired decision-making to part 2 of
the Act.
- Probing amendment to examine the Government's thinking on
treatability.
- Process for renewal of detention.
- Three month rule (to reduce the period of time before a second
medical opinion is required for medication).
- Emergency criteria for ECT.
- Capacitous right to refuse ECT.
-
Committee Stage in the House of Lords: 29th January 2007
- Forensic Faculty letter to
College concerning therapeutic benefit: 24th January 2007
-
Committee Stage in the House of Lords: 17th January
2007 (NB there is one interruption for a statement on
another matter, the debate continues
here)
-
Committee Stage in the House of Lords: 15th January 2007
(NB there is one interruption for a statement on another
matter, the debate continues
here)
-
Committee Stage in the House of Lords: 10th January 2007
(NB there are two interruptions for statements on other
matters, the debate continues
here and
here)
-
Committee Stage in the House of Lords: 8th January 2007
-
Mental Health Alliance amendments at Commitee Stage
-
Amendments to the Mental Health Bill
> House of Lords Second Reading
Lobby of Parliament! College members
took part in the Mental Health Alliance lobby of Parliament on 28th
November 2006. Dr Ian Hall (centre) is pictured with Alliance
collagues.
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Developing a new Mental Health Bill
Bournewood
The Draft
Mental Health Bill 2004
Dr Mike Shooter presented oral
evidence to the Joint Committee as a member of the Mental Health
Alliance on 3rd November 2004 (right)
Mental Health Alliance
The College is a core member of the
Mental Health
Alliance. Working alongside other groups, including Mind, the
Sainsbury Centre for Mental Health and the Royal College of Nursing
and over seventy others, the goal of the Mental Health Alliance is
to achieve an ethical and workable new Mental Health Act.
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