Westminster

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 

 

To access these documents please go

to:

http://www.dh.gov.uk/en/Healthcare/NationalServiceFrameworks/Mentalhealth/DH_4001813

 

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

 

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

 

 

mha lobby in front of the parliament

 

 

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.

Developing a new Mental Health Bill

Bournewood

The Draft Mental Health Bill 2004

Dr Shooter Joint Committee - 3/11/05
Dr Mike Shooter presented oral evidence to the Joint Committee as a member of the Mental Health Alliance on 3rd November 2004 (right)
 
Dr Mike Shooter, Rowena Daw (Mind), Graham Estop (Voices Forum), Paul Farmer (Rethink)

 

 

Newsletters to members

Top of page

The Draft Mental Health Bill 2002 and earlier documents

Top of page

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.
 
© 2008 Royal College of Psychiatrists