The Health and Social Care Act 2008 (Commencement No.9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009

2.—(1) The appointment by the MHAC(1) of—

(a) a registered medical practitioner for the purposes of—

(i) Part 4 of the 1983 Act (consent to treatment)(2); or

(ii) section 118 (practitioners required to certify consent and to give second opinion) of that Act; or

(b) another person for the purposes of subsection (2)(a) of section 57 of the 1983 Act (persons required to certify consent),

shall be treated on and after the appointed day as an appointment by the regulatory authority.

(2) Anything done for the purposes of—

(a) Part 4 (consent to treatment) or 4A(3) (treatment of community patients not recalled to hospital) of the 1983 Act by a registered medical practitioner appointed for the purposes of Part 4 of that Act by the MHAC; or

(b) subsection (2)(a) of section 57 of the 1983 Act (treatment requiring consent and a second opinion) by another person appointed by the MHAC,

shall be treated on and after the appointed day as done by a registered medical practitioner or, as the case may be, another person appointed by the regulatory authority for the purposes of Part 4 of that Act.

(1)

Under article 3 of S.I. 1983/892, the MHAC carried out on behalf of the Secretary of State his function of appointing medical practitioners for the purposes of Part 4 and section 118 of the Act and other persons for the purposes of section 57(2)(a) of that Act. It also carried out his functions under sections 61 and 120(1) and (4) of the 1983 Act and the function of giving notice disapplying a Part 4A certificate under section 64H(5) of that Act. In relation to Wales, those functions of the Secretary of State were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (1999/672), article 2, Schedule 1; see the entry in Schedule 1 to that Order for the 1983 Act. Those functions were subsequently transferred to Welsh Ministers by virtue of paragraph 30(1) of Schedule 11 to the Government of Wales Act 2006 (c.32). The effect of such transfers being that the functions of Welsh Ministers under the sections of the 1983 Act referred to above are carried out on their behalf by the Mental Health Act Commission.

(2)

See sections 57(2)(a), 58(3)(a) and 64C(4)(a) of the 1983 Act. Section 57(2)(a) was amended by the Mental Health Act 2007 (c.12) (“the 2007 Act”) , section 12(2)(a). Section 58(3)(a) was amended by the 2007 Act, section 12(3)(a)(i).

(3)

Part 4A was inserted by the 2007 Act, section 35(1).