Approved mental health professionalsU.K.
Yn ddilys o 01/04/2008
18Approved mental health professionalsU.K.
For section 114 of the 1983 Act (appointment of approved social workers) and the cross-heading immediately above it substitute—
“Approved mental health professionalsU.K.
114Approval by local social services authority
(1)A local social services authority may approve a person to act as an approved mental health professional for the purposes of this Act.
(2)But a local social services authority may not approve a registered medical practitioner to act as an approved mental health professional.
(3)Before approving a person under subsection (1) above, a local social services authority shall be satisfied that he has appropriate competence in dealing with persons who are suffering from mental disorder.
(4)The appropriate national authority may by regulations make provision in connection with the giving of approvals under subsection (1) above.
(5)The provision which may be made by regulations under subsection (4) above includes, in particular, provision as to—
(a)the period for which approvals under subsection (1) above have effect;
(b)the courses to be undertaken by persons before such approvals are to be given and during the period for which such approvals have effect;
(c)the conditions subject to which such approvals are to be given; and
(d)the factors to be taken into account in determining whether persons have appropriate competence as mentioned in subsection (3) above.
(6)Provision made by virtue of subsection (5)(b) above may relate to courses approved or provided by such person as may be specified in the regulations (as well as to courses approved under section 114A below).
(7)An approval by virtue of subsection (6) above may be in respect of a course in general or in respect of a course in relation to a particular person.
(8)The power to make regulations under subsection (4) above includes power to make different provision for different cases or areas.
(9)In this section “the appropriate national authority” means—
(a)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in England, the Secretary of State;
(b)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, the Welsh Ministers.
(10)In this Act “approved mental health professional” means—
(a)in relation to acting on behalf of a local social services authority whose area is in England, a person approved under subsection (1) above by any local social services authority whose area is in England, and
(b)in relation to acting on behalf of a local social services authority whose area is in Wales, a person approved under that subsection by any local social services authority whose area is in Wales.”
Commencement Information
I1S. 18 not in force at Royal Assent see s. 56(1); s. 18 in force for specified purposes at 1.4.2008 by S.I. 2008/745, arts. 2(a), 3(b); s. 18 in force insofar as not already in force for E. at 3.11.2008 by S.I. 2008/1900, art. 2(c) (with art. 3, Sch.); s. 18 in force insofar as not already in force at 3.11.2008 by S.I. 2008/2561, art. 2(a) (with art. 3, Sch.)
19Approval of courses etc for approved mental health professionalsU.K.
After section 114 of the 1983 Act insert—
“114AApproval of courses etc for approved mental health professionals
(1)The relevant Council may, in accordance with rules made by it, approve courses for persons who are or wish to become approved mental health professionals.
(2)For that purpose—
(a)subsections (2) to (4)(a) and (7) of section 63 of the Care Standards Act 2000 apply as they apply to approvals given, rules made and courses approved under that section; and
(b)sections 66 and 71 of that Act apply accordingly.
(3)In subsection (1), “the relevant Council” means—
(a)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in England, the General Social Care Council;
(b)in relation to persons who are or wish to become approved to act as approved mental health professionals by a local social services authority whose area is in Wales, the Care Council for Wales.
(4)The functions of an approved mental health professional shall not be considered to be relevant social work for the purposes of Part 4 of the Care Standards Act 2000.
(5)The General Social Care Council and the Care Council for Wales may also carry out, or assist other persons in carrying out, research into matters relevant to training for approved mental health professionals.”
20Amendment to section 62 of Care Standards Act 2000U.K.
In section 62 of the Care Standards Act 2000 (c. 14) (codes of practice), after subsection (1) insert—
“(1A)The codes may also lay down standards of conduct and practice expected of social workers when carrying out the functions of an approved mental health professional (as defined in section 114 of the Mental Health Act 1983).”
Yn ddilys o 03/11/2008
21Approved mental health professionals: further amendmentsU.K.
Schedule 2 (which contains amendments in connection with section 18) has effect.
Commencement Information
I2S. 21 not in force at Royal Assent see s. 56(1); s. 21 in force for specified purposes for E. at 3.11.2008 by S.I. 2008/1900, art. 2(d); s. 21 in force for specified purposes insofar as not already in force for W. at 3.11.2008 by S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)