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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 approves actions taken before its passing regarding the approval of medical practitioners and clinicians under the Mental Health Act 1983. It addresses potential legal issues arising from actions undertaken without complete legal authority.

Description

The Mental Health (Approval Functions) Bill aims to legalize past actions related to approving medical professionals under the 1983 Mental Health Act. Specifically, it addresses two functions:

  • 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 enactment in relation to these approval functions are considered legally valid.

The bill applies to England, Wales, Scotland, and Northern Ireland and comes into effect upon its passing.

Government Spending

The bill is not expected to have a significant impact on government spending, as it primarily deals with legal validation of past actions rather than new funding or programs.

Groups Affected

The bill primarily affects:

  • Medical practitioners and clinicians: Those who previously performed approval functions under the Mental Health Act 1983 are retrospectively granted legal protection for their actions.
  • Individuals subject to the Mental Health Act 1983: The bill indirectly protects the legality of decisions made regarding their treatment and care based on the previously questionable approvals.
  • The NHS and related bodies: The bill secures the legal standing of procedures and practices carried out under the Act.
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