Statutory Instruments
2008 No. 800 (C. 39)
Mental Health, England And Wales
The Mental Health Act 2007 (Commencement No. 5 and Transitional Provisions) Order 2008
Made
19th March 2008
Laid before Parliament
1st April 2008
Coming into force
30th April 2008
The Secretary of State in exercise of the powers conferred by section 56(1) and (4)(b)of the Mental Health Act 2007( 1 ), makes the following Order:
Citation and interpretation
1. —(1) This Order may be cited as the Mental Health Act 2007 (Commencement No.5 and Transitional Provisions) Order 2008.
(2) In this Order—
“the 1983 Act” means the Mental Health Act 1983 ( 2 );
“the 2007 Act” means the Mental Health Act 2007 .
Commencement of provision
2. Section 44 (places of safety) of the 2007 Act shall come into force on 30th April 2008.
Transitional Provisions
3. Notwithstanding the commencement of section 44 of the 2007 Act and pending the commencement of sections 18 (insofar as not already in force) and 21 of, and Schedule 2 to, the 2007 Act—
(a) section 135(3A) of the 1983 Act, as inserted by subsection (2) of section 44 of the 2007 Act, shall have effect as if “an approved social worker” were substituted for “an approved mental health professional”;
(b) section 136(3) of the 1983 Act, as inserted by subsection (3) of section 44 of the 2007 Act, shall have effect as if “an approved social worker” were substituted for “an approved mental health professional”.
Signed by authority of the Secretary of State for Health.
Ivan Lewis
Parliamentary Under-Secretary of State,
Department of Health
19th March 2008