- Latest available (Revised)
- Original (As enacted)
Mental Health Act 2007
You are here:
- UK Public General Acts
- 2007 c. 12
- SCHEDULE 11
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this schedule contains provisions that are prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Mental Health Act 2007, SCHEDULE 11.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 55
SCHEDULE 11U.K.Repeals and revocations
This schedule has no associated Explanatory Notes
Part 1 U.K.Removal of categories of mental disorder
| Reference | Extent of repeal or revocation |
|---|---|
| Juries Act 1974 (c. 23) | In Schedule 1, paragraph 4(1). |
| Mental Health Act 1983 (c. 20) | In section 1(2), the definitions of— (a) “severe mental impairment” and “severely mentally impaired”, (b) “mental impairment” and “mentally impaired”, and (c) “psychopathic disorder”. In section 7(2)(a), the words “, being mental illness, severe mental impairment, psychopathic disorder or mental impairment and his mental disorder is”. Section 11(6). In section 15(3), the words from “; but this subsection” to the end. Section 16. Section 20(9). Section 21B(8) and (9). In section 37— (a) in subsection (3), the words “as being a person suffering from mental illness or severe mental impairment”, and (b) subsection (7). In section 45A, subsections (10) and (11). Section 47(4). Section 55(3). In section 66(1), paragraphs (d) and (fb) (and the word “or” at the end of those paragraphs). Section 72(5). Section 92(3). In Part 1 of Schedule 1— (a) in paragraph 2, the word “16,”, (b) paragraph 3, and (c) in paragraph 6, paragraph (b) (and the word “and” immediately preceding it). In Schedule 5— (a) in paragraph 37(5), the words from “, and he shall be so treated” to the end, and (b) paragraph 39. |
| Mental Health (Patients in the Community) Act 1995 (c. 52) | In Schedule 1, paragraph 10(4). |
| Mental Capacity Act 2005 (c. 9) | In Schedule 4, in paragraph 23(1), the words “(within the meaning of the Mental Health Act)”. |
| Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078) | In Schedule 1, paragraph 2(8). |
Part 2 U.K.Replacement of “treatability” and “care” tests
| Reference | Extent of repeal or revocation |
|---|---|
| Mental Health Act 1983 (c. 20) | In section 3(2), paragraph (b) (and the word “and” at the end of that paragraph). In section 20(4)— (a) paragraph (b) (and the word “and” at the end of that paragraph), and (b) the words from “but, in the case of mental illness” to the end. Section 72(2). |
Part 3 U.K.Approved clinicians and responsible clinicians
| Reference | Extent of repeal or revocation |
|---|---|
| Mental Health Act 1983 (c. 20) | Section 20(10). In section 21B(10), the definition of “appropriate medical officer”. In section 61(3), the words “to the responsible medical officer”. |
| Health and Social Care (Community Health and Standards) Act 2003 (c. 43) | In Schedule 4, paragraph 51. |
| Civil Partnership Act 2004 (c. 33) | In Schedule 27, paragraph 86(a). |
| National Health Service (Consequential Provisions) Act 2006 (c. 43) | In Schedule 1, paragraph 63. |
Part 4 U.K.Safeguards for patients
| Reference | Extent of repeal or revocation |
|---|---|
| Mental Health Act 1983 | In section 29— (a) in subsection (2), the words from “but in relation to” to the end, and (b) in subsection (3), the word “or” at the end of paragraph (c). |
Part 5 U.K.Supervised community treatment
Commencement Information
I1Sch. 11 Pt. 5 not in force at Royal Assent see s. 56(1); Sch. 11 Pt. 5 in force at 3.11.2008 by S.I. 2008/1210, arts. 1(1)(b), 2(d)
| Reference | Extent of repeal or revocation |
|---|---|
| Mental Health Act 1983 | In section 18(4), the words from “and, in determining” to the end. Sections 25A to 25J. In section 29(3)(d), the words “from hospital or guardianship”. In section 32(2)(c), the words “or to after-care under supervision”. In section 34— (a) in subsection (1), the definitions of “the community responsible medical officer” and “the supervisor”, and (b) subsection (1A). In section 66(1)— (a) paragraphs (ga), (gb) and (gc) (and the word “or” at the end of each of those paragraphs), and (b) in sub-paragraph (i), the words from “or, in the cases” to the end. In section 66(2)— (a) in paragraph (d), the words “and (gb)”, and (b) paragraph (fa). In section 67(1), the words “or to after-care under supervision”. In section 69(2)(b), the words “45B(2), 46(3),”. Section 72(4A). In section 76(1), the words from “or to after-care” to “leaves hospital)”. Section 117(2A). Section 127(2A). In section 145— (a) in subsection (1), the definitions of “the responsible after-care bodies” and “supervision application”, and (b) subsection (1A). In section 146, the words from “128” to “guardianship)”. In Part 1 of Schedule 1— (a) in paragraph 2, the words “, 25A, 25B”, and (b) paragraph 8A. |
| Mental Health (Patients in the Community) Act 1995 (c. 52) | Section 1(1). In Schedule 1— (a) in paragraph 2, paragraph (c) (and the word “and” immediately preceding it), (b) in paragraph 11, paragraph (a) (and the word “and” at the end of that paragraph), and (c) paragraphs 3, 4, 6, 7, 8(2), 10(1) to (3), 12, 13, 18 and 20. |
| Crime (Sentences) Act 1997 (c. 43) | In Schedule 4, paragraph 12(8). |
| National Health Service Reform and Health Care Professions Act 2002 (c. 17) | In Schedule 2, paragraphs 43 to 45. |
| Civil Partnership Act 2004 (c. 33) | In Schedule 27, in paragraph 86, paragraph (b) (and the word “and” immediately preceding it). |
Part 6 U.K.Organisation of tribunals
| Reference | Extent of repeal or revocation |
|---|---|
| Mental Health Act 1983 (c. 20) | In section 78(6), the words “, if for any reason he is unable to act,”. In section 143(2), the words “or 65”. In paragraph 4 of Schedule 2, the words “, if for any reason he is unable to act,”. |
| Health Authorities Act 1995 (c. 17) | In Schedule 1, paragraph 107(13). |
Prospective
Part 7 U.K.Cross-border arrangements
| Reference | Extent of repeal or revocation |
|---|---|
| Mental Health Act 1983 | In section 80(1), the words “or subject to guardianship” and the words “or, as the case may be, for receiving him into guardianship”. In section 88(3)— (a) the words “to Scotland or Northern Ireland”, (b) paragraph (a), and (c) in paragraph (b), the words “in Northern Ireland,”. In section 146, the words from “88” to “138)”. |
| Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078) | Articles 1(5), 2 and 3. In Schedule 1, paragraph 2(5). |
Part 8 U.K.Restricted patients
| Reference | Extent of repeal or revocation |
|---|---|
| Colonial Prisoners Removal Act 1884 (c. 31) | In section 10(3)(a), the words “, made without limitation of time”. |
| Mental Health Act 1983 | In section 41(1), the words “, either without limit of time or during such period as may be specified in the order”. In section 42(4)(b), the words from “, and, if the restriction order was made for a specified period,” to the end. In section 44(3), the words “, made without limitation of time”. In section 81(7), the words “restriction order or” in each place, In section 81A(3)— (a) the words “restriction order or” in each place, and (b) the words “order or”. In section 84(2), the words “, made without limitation of time”. In section 91(2), the words “at any time before the end of the period for which those orders would have continued in force”. |
Part 9 U.K.Miscellaneous
| Reference | Extent of repeal or revocation |
|---|---|
| Children Act 1989 (c. 41) | In Schedule 13, paragraph 48(5). |
Part 10 U.K.Deprivation of liberty
| Reference | Extent of repeal or revocation |
|---|---|
| Mental Capacity Act 2005 (c. 9) | Section 6(5). Section 11(6). Section 20(13). |
Options/Help
Print Options
PrintThe Whole Act
PrintThis Schedule only
You have chosen to open The Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open The Whole Act as a PDF
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
You have chosen to open the Whole Act
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
You have chosen to open Schedules only
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- 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
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. 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. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.