Mental Health (Approval Functions) Bill

EXPLANATORY NOTES

Explanatory notes to the Bill, prepared by the Department of Health, are published separately as Bill 83—EN.

EUROPEAN CONVENTION ON HUMAN RIGHTS

Secretary Jeremy Hunt has made the following statement under section 19(1)(a) of the Human Rights Act 1998:

In my view the provisions of the Mental Health (Approval Functions) Bill are compatible with the Convention rights.

Bill 83 55/2 Mental Health (Approval Functions) Bill

CONTENTS

1 Authorisation of approvals given before this Act 2 Commencement, extent and short title

Bill 83 55/2 Mental Health (Approval Functions) Bill 1

A BILL

TO

Authorise things done before the day on which this Act is passed in the purported exercise of functions relating to the approval of registered medical practitioners and clinicians under the Mental Health Act 1983.

E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present BParliament assembled, and by the authority of the same, as follows:—

1 Authorisation of approvals given before this Act (1) Any person who before the day on which this Act is passed has done anything in the purported exercise of an approval function is to be treated for all purposes as having had the power to do so. (2) “Approval function” means— 5 (a) the function of giving an approval for the purposes of section 12 of the Mental Health Act 1983 (practitioners approved to give medical recommendations), or (b) the function of approving a person as an approved clinician for the purposes of that Act. 10

2 Commencement, extent and short title (1) This Act comes into force on the day on which it is passed. (2) This Act extends to England and Wales, Scotland and Northern Ireland. (3) This Act may be cited as the Mental Health (Approval Functions) Act 2012.

Bill 83 55/2 Mental Health (Approval Functions) Bill

A BILL

To authorise things done before the day on which this Act is passed in the purported exercise of functions relating to the approval of registered medical practitioners and clinicians under the Mental Health Act 1983.

Presented by Secretary Jeremy Hunt supported by the Prime Minister, the Deputy Prime Minister, Secretary William Hague, Secretary Theresa May, Secretary Chris Grayling and Norman Lamb.

Ordered, by The House of Commons, to be Printed, 30 October 2012.

© Parliamentary copyright House of Commons 2012 This publication may be reproduced under the terms of the Open Parliament Licence, which is published at www.parliament.uk/site-information/copyright.

PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONS LONDON — THE STATIONERY OFFICE LIMITED Printed in the United Kingdom by The Stationery Office Limited £x.xx

Bill 83 (xxxxxx) 55/2

xxxbarxxx