Mental Health Act 2007

SCHEDULE 11 Repeals and revocations

Section 55 Part 1 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— “severe mental impairment” and “severely mentally impaired”, “mental impairment” and “mentally impaired”, and “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— in subsection (3), the words “as being a person suffering from mental illness or severe mental impairment”, and 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— in paragraph 2, the word “16,”, paragraph 3, and in paragraph 6, paragraph (b) (and the word “and” immediately preceding it). In Schedule 5— in paragraph 37(5), the words from “, and he shall be so treated” to the end, and 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 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)— paragraph (b) (and the word “and” at the end of that paragraph), and the words from “but, in the case of mental illness” to the end. Section 72(2). Part 3 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 Safeguards for patients Reference | Extent of repeal or revocation Mental Health Act 1983 | In section 29— in subsection (2), the words from “but in relation to” to the end, and in subsection (3), the word “or” at the end of paragraph (c). Part 5 Supervised community treatment 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— in subsection (1), the definitions of “the community responsible medical officer” and “the supervisor”, and subsection (1A). In section 66(1)— paragraphs (ga), (gb) and (gc) (and the word “or” at the end of each of those paragraphs), and in sub-paragraph (i), the words from “or, in the cases” to the end. In section 66(2)— in paragraph (d), the words “and (gb)”, and 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— in subsection (1), the definitions of “the responsible after-care bodies” and “supervision application”, and subsection (1A). In section 146, the words from “128” to “guardianship)”. In Part 1 of Schedule 1— in paragraph 2, the words “, 25A, 25B”, and paragraph 8A. Mental Health (Patients in the Community) Act 1995 (c. 52) | Section 1(1). In Schedule 1— in paragraph 2, paragraph (c) (and the word “and” immediately preceding it), in paragraph 11, paragraph (a) (and the word “and” at the end of that paragraph), and 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 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). Part 8 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)— the words “restriction order or” in each place, and 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 Miscellaneous Reference | Extent of repeal or revocation Children Act 1989 (c. 41) | In Schedule 13, paragraph 48(5). Part 10 Deprivation of liberty Reference | Extent of repeal or revocation Mental Capacity Act 2005 (c. 9) | Section 6(5). Section 11(6). Section 20(13).