Explanatory Notes

Mental Health Act 2007

2007 CHAPTER 12

19 July 2007

Background and Summary

Summary

7.The following are the main changes to the 1983 Act made by the 2007 Act:

8.The changes to the MCA provide for procedures to authorise the deprivation of liberty of a person resident in a hospital or care home who lacks capacity to consent. The MCA principles of supporting a person to make a decision when possible, and acting at all times in the person’s best interests and in the least restrictive manner, will apply to all decision-making in operating the procedures.

9.The changes to the Domestic Violence, Crime and Victims Act 2004 introduce new rights for victims of mentally disordered offenders who are not subject to restrictions.