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by Munro Research

Mental Health (Approval Functions) Act 2012


Official Summary

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.

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Overview

This bill retrospectively legalizes actions taken before its passing regarding the approval of medical practitioners and clinicians under the Mental Health Act 1983. It addresses any potential legal issues arising from actions undertaken without explicit authority.

Description

The Mental Health (Approval Functions) Bill aims to retrospectively validate actions taken before the bill's enactment. Specifically, it addresses actions taken in the purported exercise of "approval functions" under the Mental Health Act 1983. These functions include:

  • Approving registered medical practitioners to provide medical recommendations (Section 12 of the 1983 Act).
  • Approving clinicians as "approved clinicians" under the 1983 Act.

The bill declares that any actions taken before its passing in relation to these approval functions are deemed legally valid and have the force of law.

The bill applies to England, Wales, Scotland, and Northern Ireland and comes into effect on the day it is passed.

Government Spending

The bill is not expected to have a significant impact on government spending. No figures are provided in the bill text.

Groups Affected

The bill primarily affects:

  • Registered medical practitioners: Those who may have acted without full legal authority prior to the bill's passage are retrospectively protected from legal repercussions.
  • Approved clinicians: Similar to practitioners, those who were approved before the bill's passage now have their approval officially validated.
  • Patients: The bill ensures that any actions taken regarding patient care based on these approvals are legally sound.
Full Text

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