Statutory Instruments
Mental Health, England And Wales
Made
26th October 2017
Laid before Parliament
31st October 2017
Coming into force
1st December 2017
The Secretary of State makes this Order in exercise of the powers conferred by section 56(1) and (4)(b) of the Mental Health Act 2007(1):
1.-(1) This Order may be cited as the Mental Health Act 2007 (Commencement No. 12 and Transitional Provisions) Order 2017.
(2) In this Order-
"the 2007 Act" means the Mental Health Act 2007, and
"the 1983 Act" means the Mental Health Act 1983(2).
2. Section 38(3)(a) and (d), (5) (in so far as not already in force), (6), (7)(a) and (9) of the 2007 Act, come into force on 1st December 2017.
3. A person who immediately before the coming into force of section 38(6) of the 2007 Act held office as chairman of the Mental Health Review Tribunal for Wales under paragraph 3 of Schedule 2 to the 1983 Act, is, on the coming into force of that section, to hold office as President of that tribunal under that paragraph.
4. A person who immediately before the coming into force of section 38(9)(b) of the 2007 Act was by virtue of paragraph 6 of Schedule 2 to the 1983 Act, President of the Mental Health Review Tribunal for Wales for any proceedings or class or group of proceedings, or was nominated as such, shall, on the coming into force of that section, be deemed to have been nominated to chair that tribunal under that paragraph.
David Lidington
Secretary of State
Ministry of Justice
26th October 2017
(This note is not part of the Order)
This Order is the twelfth commencement order made under the Mental Health Act 2007 ("the 2007 Act") and brings into force on 1st December 2017 the provisions set out in Article 2 of this Order. These provisions rename certain judicial offices in the Mental Health Review Tribunal for Wales by amending the Mental Health Act 1983 ("the 1983 Act"). Specifically, they rename the role of "chairman" of the Tribunal as "president" and, where the term "president" as it is currently used under the 1983 Act to refer to the chair of a Tribunal constituted for particular proceedings, it is replaced with "chairman".
Article 3 makes provision for the person holding the office of chairman of a tribunal immediately before the coming into force of the amendments to continue to occupy that office under its new designation.
The person named under paragraph 6 of Schedule 2 to the 1983 Act as president of a tribunal constituted for particular proceedings is re-named by the amending provisions as that tribunal's chairman. Article 4 makes provision to ensure that a person who is already presiding, or who has been appointed to preside, over a particular tribunal will continue as its chairman on the coming into force of the amendments.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
(This note is not part of the Order)
The following provisions of the Mental Health Act 2007 (c.12) have been brought into force in England and Wales by commencement orders made before the date of this Order:
Provision | Date of Commencement | S.I. No. |
---|---|---|
Section 1 and Schedule 1 | 03.11.2008 | 2008/1210(C.52) |
03.11.2008 | 2008/1900(C.84) | |
Sections 2 to 16 | 03.11.2008 | 2008/1900(C.84) |
Section 17 | 01.04.2008 | 2008/745(C.30) |
Section 18 | 01.04.2008 | 2008/745(C.30) |
03.11.2008 | 2008/1900(C.84) | |
03.11.2008 | 2008/2561(C.113) | |
Section 19 | 01.10.2007 | 2007/2798(C.108) |
Section 20 | 01.10.2007 | 2007/2798(C.108) |
Section 21 and Schedule 2 | 03.11.2008 | 2008/1900(C.84) |
03.11.2008 | 2008/2561(C.113) | |
Section 22 | 01.04.2008 | 2008/745(C.30) |
03.11.2008 | 2008/1900(C.84) | |
Sections 23 to 25 | 03.11.2008 | 2008/1900(C.84) |
Section 26 | 01.12.2007 | 2007/2798(C.108) |
Sections 27 to 29 | 03.11.2008 | 2008/1900(C.84) |
Section 30 | 01.04.2008 | 2008/745(C.30) |
03.11.2008 | 2008/2561(C.113) | |
01.04.2009 | 2009/139(C.9) | |
Section 31 | 03.11.2008 | 2008/1900(C.84) |
01.04.2010 | 2010/143(C.17) | |
Section 32 and Schedules 3 and 4 | 01.04.2008 | 2008/745(C.30) |
03.11.2008 | 2008/1210(C.52) | |
03.11.2008 | 2008/1900(C.84) | |
Sections 33 and 34 | 03.11.2008 | 2008/1900(C.84) |
Section 35 | 01.04.2008 | 2008/745(C.30) |
03.11.2008 | 2008/1900(C.84) | |
Section 36 | 03.11.2008 | 2008/1210(C.52) |
Section 37 | 03.11.2008 | 2008/1900(C.84) |
Section 38 (partially) | 03.11.2008 | 2008/1900(C.84) |
Section 39 and Schedule 5 | 01.10.2007 | 2007/2798(C.108) |
01.04.2008 | 2008/745(C.30) | |
28.10.2008 | 2008/2788(C.124) | |
03.11.2008 | 2008/1900(C.84) | |
Sections 40, 41 and 42 | 01.10.2007 | 2007/2798(C.108) |
Section 43 | 01.01.2008 | 2007/2798(C.108) |
Section 44 | 30.04.2008 | 2008/800 (C. 39) |
Section 45 | 24.07.2007 | 2007/2156(C.80) |
Section 46 | 01.10.2007 | 2007/2798(C.108) |
Section 47 | 01.04.2008 | 2008/745(C.30) |
Section 48 and Schedule 6 | 03.11.2008 | 2008/1900(C.84) |
Section 49 | 01.10.2007 | 2007/2798(C.108) |
Section 50 and Schedules 7, 8 and 9 | 01.04.2008 | 2008/745(C.30) |
01.04.2009 | 2009/139(C.9) | |
Section 51 | 01.10.2007 | 2007/2635(C.102) |
Section 54 | 01.04.2008 | 2008/745(C.30) |
Section 55 and Schedule 11 | 03.11.2008 | 2008/1210(C.52) |
03.11.2008 | 2008/1900(C.84) | |
28.10.2008 | 2008/2788(C.124) | |
01.04.2009 | 2009/139(C.9) |
1983 c. 20. Paragraph 3 of Schedule 2 was substituted by section 38(1), (5), (6) of the Mental Health Act 2007 and amended by SI 2008/2833. Paragraph 6 of Schedule 2 was substituted by section 38(1), (5), (9)(a) and (b) of the Mental Health Act 2007. There are other amending instruments but none is relevant.
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