long time to run. 11; S.I. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. Turning this feature on will show extra navigation options to go to these specific points in time. 2(1), 3, 4, Sch. Show Timeline of Changes: 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) 200 provisions and might take some time to download. in all circumstances or only in specified circumstances; An agreement under this section may provide for an approval function to be exercisable by the other party—, for a period specified in the agreement, or. In this section and sections 12ZB and 12ZC, “. 200 provisions and might take some time to download. Under section 117, health authorities and local social services have a legal duty to provide free aftercare for people who have been discharged under Mental Health Act sections 3, 37, 45A, 47 or 48. long time to run. without 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. by 1996 c. 46, ss. The Mental Health Act (MHA) 1983 is the law in England and Wales which was updated in 2007. Revised legislation carried on this site may not be fully up to date. 2005/579, art. 12(2A) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. The concept of mental disorder as defined by the Act does not necessarily correspond to medical categories of mental disorder such as those outlined in ICD-10 or DSM-IV. The act was passed to protect patients, the wider community and those who work with patients suffering from a mental disorder. by 1968 c. 20, s. 23(4) (as substituted (prosp.) 11; S.I. It should be read in conjunction with the Mental Health Act Code of Practice and the 2005/579, art. 2005/579, art. Act you have selected contains over (2)These Instructions apply in relation to the approving of persons to act as approved clinicians in relation to England. by 1996 c. 46, ss. 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. 200 provisions and might take some time to download. 2005/579, art. 58(2), 60, Sch. 3, Sch. by 1996 c. 46, ss. Indicates the geographical area that this provision applies to. 7-9). General provisions as to medical recommendations. Return to the latest available version by using the controls above in the What Version box. Act 8, 36(2), Sch. (a)in all circumstances or only in specified circumstances; (b)in all areas or only in specified areas. Act 2, para. 38(1), 306(4); S.I. (9)The Secretary of State must publish instructions under subsection (5) in such form as the Secretary of State may determine; but that does not apply to an instruction such as is mentioned in subsection (6). 22(3), 56 (with Sch. About the MHA 1983 The Mental Health Act (MHA) 1983 is the law in England and Wales which was updated in 2007. 58(2), 60, Sch. 58(2), 60, Sch. The Mental Health Act is a law. 11; S.I. (8)An instruction under subsection (5) may be given in such form as the Secretary of State may determine. The first date in the timeline will usually be the earliest date when the provision came into force. 2(2) (with arts. As well as the Mental Health Act 1983 and its amendments of 2007, 2012 and 2014 (resulting from the Health and Social Care Act 2012 and the Care Act 2014), the book includes relevant aspects of the Human Rights Act 1998 and the Mental Capacity Act 2005 … 2002/555, reg. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. by 1996 c. 46, ss. It is supported by the Code of Practice on the Mental Health Act 1983 (DoH and Welsh Office, 1999). 3(h)(i)(ix)), (Act applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) ), F2S. Compulsory admission to hospital under Part 2 of the Act [Note that the chapter number relates to the old Reference Guide], 19. For further information see the Editorial Practice Guide and Glossary under Help. 2 para. SECTION 12(2) MENTAL HEALTH ACT 1983 SUPERVISED MENTAL HEALTH ACT ASSESSMENT FORM Doctors applying under criteria B, C or D need to undertake two supervised mental health act assessments PATIENTS PERSONAL INFORMATION IS NOT REQUIRED ON THIS FORM Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. The Whole 11; S.I. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 2, para. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. by 1955 c. 18, s. 116C(6) (as substituted (prosp.) 200 provisions and might take some time to download. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. doctors and approved clinicians under section 5(2) of the Mental Health Act 1983 (MHA) and to certain nurses under section 5(4) of the MHA within Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust (the Trust). The Mental Health Act (1983) is the main piece of legislation that covers the assessment, treatment and rights of people with a mental health disorder. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run. 200 provisions and might take some time to download. Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. C3S. 16, 56 (with Sch. 2009/1511), the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. Use this menu to access essential accompanying documents and information for this legislation item. You Guidance about compliance with obligations under this section begins at paragraph 14.77 of the Code of Practice. ], F1Ss. Act Different options to open legislation in order to view more content on screen at once. Whole provisions yet to be inserted into this Act (including any effects on those provisions): (1)The recommendations required for the purposes of an application for the admission of a patient under this Part of this Act [F1or a guardianship application](in this Act referred to as “medical recommendations”) shall be signed on or before the date of the application, and shall be given by practitioners who have personally examined the patient either together or separately, but where they have examined the patient separately not more than five days must have elapsed between the days on which the separate examinations took place. Under the Act, mental disorder is defined as "any disorder or disability of mind". 2(b) (with art. The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. without 200 provisions and might take some time to download. An Act to redefine the circumstances in which and the conditions under which persons may be subjected to compulsory psychiatric assessment and treatment, to define the rights of such persons and to provide better protection for those rights, and generally to reform and consolidate the law relating to the assessment and treatment of persons suffering from mental disorder 3(h)(i)(ix))), (Act applied (prosp.) INSTRUCTIONS WITH RESPECT TO THE EXERCISE OF AN APPROVAL FUNCTION IN RELATION TO SECTION 12 DOCTORS 2015 . Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. Although the code is not a law it is expected that health care professionals will adhere to the guidance it offers: non-adherence could lead to disciplinary measures. (10)An agreement under this section may provide for the Secretary of State to make payments to the other party; and the Secretary of State may make payments to other persons in connection with the exercise of an approval function by virtue of this section. (2)In this section and sections 12ZB and 12ZC, “approval function” means—. 8, 36(2), Sch. Those detained under the Act have the right to appeal their detention. 2.2 The purpose of this guidance is to: • set out the joint agreement of Liverpool City Council and Liverpool Clinical 3(h)(i)(ix))), (Act: Power to apply conferred (prosp.) by 1955 c. 18, s. 116C(6) (as substituted (prosp.) 8, 36(2), Sch. The Secretary of State gives these Instructions in exercise of the powers conferred by section 12ZA(5) of the Mental Health Act 1983(a): PART 1 . 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 2005/579, art. However, mental disorder is thought by most psychiatrists to cover schizophrenia, anorexia nervosa, major depression, bip… 6(3)), C2S. Procedure for Section 5.2 of Mental Health Act (Doctor’s Holding Power) Purpose of Policy/Assurance Statement The purpose of this procedure is to ensure that the use of Section 5(2) of Mental Health Act 1983 (MHA) within the North East London NHS Foundation Trust (NELFT) is applied within a legal and best practice framework. 2005/579, art. 200 provisions and might take some time to download. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. It tells people with mental health problems what their rights are regarding: assessment and treatment in hospital treatment in the community pathways into hospital, which can be civil or criminal 2(e) (with art. Application, commencement and interpretation 4 (as amended by, S. 12(2): transfer of functions (E.) (1.4.2001) by, S. 12(2): functions made exercisable (W.) (1.10.2009) by, Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. if a requirement under section 12ZB has effect, with the other person by whom the function is exercisable under that requirement. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. 2005/579, art. They have specific expertise in mental disorder and have additionally received brief specific training in the application of the Mental Health Act 1983. 11; S.I. 22(4), 56 (with Sch. the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. This date is our basedate. 4, Sch. Section 62 of the MHA 1983 (to be used out of hours) 9 . Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. by 1996 c. 46, ss. without by 1996 c. 46, ss. 3(h)(i)(ix))), (Act applied (prosp.) The Whole 2, para. 42. 2005/579, art. (Act applied (prosp.) 11; S.I. Section 136 (s136) is part of the Mental Health Act. (b)for a period determined in accordance with the agreement. 58(2), 60, Sch. 58(2), 60, Sch. Schedules, and on the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983. Mental Health Act 1983: A Parliamentary Act which, among other things, allows the compulsory detention in hospital for assessment and/or treatment of an individual with signs of mental disorder that suggest that he or she is a risk to him- or herself, or others. The Whole 11; S.I. The Whole Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing. 2013/160, art. Act you have selected contains over by 1996 c. 46, ss. ], [F3(3)No medical recommendation shall be given for the purposes of an application mentioned in subsection (1) above if the circumstances are such that there would be a potential conflict of interest for the purposes of regulations under section 12A below. 11; S.I. 12(2): functions made exercisable (W.) (1.10.2009) by Local Health Boards (Directed Functions) (Wales) Regulations 2009 (S.I. may also experience some issues with your browser, such as an alert box that a script is taking a The Whole 8, 36(2), Sch. 4(1), Sch. This date is our basedate. The duty to provide aftercare also applies if you are given section 17 … The Mental Health Act 1983 Code of Practice The MHA Code of Practice should be followed by professionals who are involved in your care and treatment. (7)The agreement may provide for the Secretary of State to pay compensation to the other party in the event of an instruction such as is mentioned in subsection (6) being given. The Whole For more information see the EUR-Lex public statement on re-use. by 1996 c. 46, ss. For further information see the Editorial Practice Guide and Glossary under Help. It tells people with mental health problems what their rights are regarding: assessment and treatment in hospital; treatment in the community; pathways into hospital, which can be … 8, 36(2), Sch. without 44. 11; S.I. Revised legislation carried on this site may not be fully up to date. by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) S136 means that the police have the power to take you to a place of safety or keep you in a place of safety. 8, 36(2), Sch. 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