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Part VIIIE+W+S Miscellaneous Functions of Local Authorities and the Secretary of State

[F1Approved mental health professionals]E+W+S

Textual Amendments

F1S. 114 and cross-heading substituted (1.4.2008 for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 18, 56 (with Sch. 10); S.I. 2008/745, arts. 2(a), 3(b); S.I. 2008/1900, art. 2(c) (with art. 3, Sch.); S.I. 2008/2156, art. 2(a) (with art. 3, Sch.)

[F2114 Approval by local social services authority.E+W

(1)A local social services authority may approve a person to act as an approved mental health professional for the purposes of this Act.

(2)But a local social services authority may not approve a registered medical practitioner to act as an approved mental health professional.

(3)Before approving a person under subsection (1) above, a local social services authority shall be satisfied that he has appropriate competence in dealing with persons who are suffering from mental disorder.

(4)The appropriate national authority may by regulations make provision in connection with the giving of approvals under subsection (1) above.

(5)The provision which may be made by regulations under subsection (4) above includes, in particular, provision as to—

(a)the period for which approvals under subsection (1) above have effect;

(b)the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect;

(c)the conditions subject to which such approvals are to be given; and

(d)the factors to be taken into account in determining whether persons have appropriate competence as mentioned in subsection (3) above.

(6)Provision made by virtue of subsection (5)(b) above may relate to courses approved or provided by such person as may be specified in the regulations (as well as to courses approved under section [F3114ZA or] 114A below).

(7)An approval by virtue of subsection (6) above may be in respect of a course in general or in respect of a course in relation to a particular person.

(8)The power to make regulations under subsection (4) above includes power to make different provision for different cases or areas.

(9) In this section “ the appropriate national authority ” means—

(a)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in England, the Secretary of State;

(b)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, the Welsh Ministers.

(10) In this Act “ approved mental health professional ” means—

(a)in relation to acting on behalf of a local social services authority whose area is in England, a person approved under subsection (1) above by any local social services authority whose area is in England, and

(b)in relation to acting on behalf of a local social services authority whose area is in Wales, a person approved under that subsection by any local social services authority whose area is in Wales.]

Textual Amendments

F2S. 114 and cross-heading substituted (1.4.2008 for certain purposes, otherwise 3.11.2008) by Mental Health Act 2007 (c. 12), ss. 18, 56 (with Sch. 10); S.I. 2008/745, arts. 2(a), 3(b); S.I. 2008/1900, art. 2(c) (with art. 3, Sch.); S.I. 2008/2561, art. 2(a) (with art. 3, Sch.)

[F4114ZAApproval of courses: EnglandE+W

(1)[F5Social Work England] may approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in England.

(2)[F6Social Work England] must publish a list of—

(a)the courses which are approved under this section, and

(b)the courses which have been, but are no longer, approved under this section and the periods for which they were so approved.

(3)The functions of an approved mental health professional are not to be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000.

F7(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(5)Social Work England may charge fees for approving courses under subsection (1).

(6)In this section “Social Work England” means the body corporate established by section 36(1) of the Children and Social Work Act 2017.]]

Textual Amendments

F5Words in s. 114ZA(1) substituted (E.) (2.12.2019) by The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 39(2); S.I. 2019/1436, reg. 2(b)

F6Words in s. 114ZA(2) substituted (E.) (2.12.2019) by The Social Workers Regulations 2018 (S.I. 2018/893), regs. 1(2), 39(3); S.I. 2019/1436, reg. 2(b)

Modifications etc. (not altering text)

C1S. 114ZA: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 48(1), 70(2); S.I. 2018/346, reg. 4(p)

[F9114A [F10Approval of courses: Wales]E+W

[F11(1)The [F12Social Care Wales] may, in accordance with rules made by it, approve courses for persons who are, or wish to become, approved to act as approved mental health professionals by a local social services authority whose area is in Wales.]

[F13(2)For that purpose—

(a)subsections (2), (3), (4)(a) and (7) of section 114 of the Regulation and Inspection of Social Care (Wales) Act 2016 apply as they apply to approvals given, rules made and courses approved under that section, and

(b)sections 73 to 75 and section 115 of that Act apply accordingly.]

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The functions of an approved mental health professional shall not be considered to be relevant social work [F15for the purposes of Parts 3 to 8 of the Regulation and Inspection of Social Care (Wales) Act 2016] .

(5)The F16... [F17Social Care Wales] may also carry out, or assist other persons in carrying out, research into matters relevant to training for approved mental health professionals.]

Textual Amendments

F9S. 114A inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 19, 56 (with Sch. 10); S.I. 2007/2798, art. 2(a)

F16Words in s. 114A(5) omitted (1.8.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 217(7), 306(4); S.I. 2012/1319, art. 2(4)

[F18115 Powers of entry and inspection.E+W

(1)An approved mental health professional may at all reasonable times enter and inspect any premises (other than a hospital) in which a mentally disordered patient is living, if he has reasonable cause to believe that the patient is not under proper care.

(2)The power under subsection (1) above shall be exercisable only after the professional has produced, if asked to do so, some duly authenticated document showing that he is an approved mental health professional.]

Textual Amendments