- Latest available (Revised)
- Point in Time (07/05/2001)
- Original (As enacted)
No versions valid at: 07/05/2001
Point in time view as at 07/05/2001. This version of this cross heading contains provisions that are not valid for this point in time.
Care Standards Act 2000, Paragraph 9 is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Valid from 01/04/2002
9(1)The Mental Health Act 1983 shall be amended as follows.E+W
(2)In sections 12(3), 23(3), 24(3), 46(1), 64(1), 119(2), 120(1) and (4), 131(1), 132(1), (2) and (4) and 133(1), for “mental nursing home” and “mental nursing homes” in each place where they occur, there shall be substituted, respectively, “ registered establishment ” and “ registered establishments ”.
(3)In paragraph (b) of section 24(3) (visiting and examination of patients), for “Part II of the Registered Homes Act 1984” there shall be substituted “ Part II of the Care Standards Act 2000 ”.
(4)In section 34—
(a)in subsection (1), after the definition of “the nominated medical attendant” there shall be inserted—
““registered establishment” means an establishment—
(a)which would not, apart from subsection (2) below, be a hospital for the purposes of this Part; and
(b)in respect of which a person is registered under Part II of the Care Standards Act 2000 as an independent hospital in which treatment or nursing (or both) are provided for persons liable to be detained under this Act;”
and
(b)in subsection (2), for the words from “a mental” to “1984” there shall be substituted “ a registered establishment ”.
(5)In section 116(1) (welfare of certain hospital patients), for “or nursing home” there shall be substituted “ , independent hospital or care home ”.
(6)In section 118(1) (code of practice)—
(a)for the first “and mental nursing homes” there shall be substituted “ , independent hospitals and care homes ”; and
(b)for the second “and mental nursing homes” there is substituted “ and registered establishments ”.
(7)In section 121 (Mental Health Act Commission)—
(a)in subsection (4), for “and mental nursing homes” there shall be substituted “ , independent hospitals and care homes ”; and
(b)in subsection (5), in paragraphs (a) and (b), for “a mental nursing home” there shall be substituted “ an independent hospital or a care home ”.
(8)In section 127(1) (ill-treatment of patients), for “or mental nursing home” there shall be substituted “ , independent hospital or care home ”.
(9)In section 135(6) (warrant to search for and remove patients) for “a mental nursing home or residential home” there shall be substituted “ an independent hospital or care home ”.
(10)In section 145(1) (interpretation)—
(a)after the definition of “approved social worker” there shall be inserted—
““care home” has the same meaning as in the Care Standards Act 2000”;
(b)after the definition of “hospital order” and “guardianship order” there shall be inserted—
““independent hospital” has the same meaning as in the Care Standards Act 2000;”
(c)in the definition of “the managers”, for paragraph (c) there shall be substituted—
“(c)in relation to a registered establishment, the person or persons registered in respect of the establishment;”
and
(d)after the definition of “Primary Care Trust” there shall be inserted—
““registered establishment” has the meaning given in section 34 above;”.
Commencement Information
I1Sch. 4 para. 9 wholly in force at 1.4.2002; Sch. 4 para. 9 not in force at Royal Assent see s. 122; Sch. 4 para. 9 in force for E. at 1.4.2002 by S.I. 2001/4150, arts. 1(2), 3(2)(3)(a) (subject to transitional provisions in art. 4 and in S.I. 2002/1493, art. 4) (as amended by S.I. 2002/1493, art. 6); Sch. 4 para. 9 in force for W. at 1.4.2002 by S.I. 2002/920, arts. 1(4), 3(3) (subject to art. 3(4)-(10) and to transitional provisions in Schs. 1-3)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: