Mental Health Act 2007 comes into force

The Mental Health Act 2007 has come into force, alongside amendments to the Mental Health Act 1983, it has been announced.

As of November 3rd, most of the remaining provisions of the 2007 piece of legislation – with the exception of deprivation of liberty safeguards, age-appropriate environments for those under the age of 18 and advocacy – come into force.

Issues regarding the age-appropriate environment requirements are due to come in to force in April 2010.

The Department of Health notes the main changes to the 1983 Act made by the 2007 Act include the definition of mental disorder, with a single definition now applying throughout the Act, rather than references to categories of condition.

In addition, patients have the right to make an application to the county court to displace their nearest relative and also makes it possible for county courts to displace a nearest relative that it believes is not suitable to act as such.

New safeguards for patients regarding electro-convulsive therapy have also been introduced.

The group of practitioners who can take on functions currently performed by the approved social worker and responsible medical officer has also been broadened.