Mental Health Act 20266

Amendment of Health Act 2004

241. (1) The Health Act 2004 is amended—

(a) in section 2(1), in the definition of “specialist community-based disability services”, by the substitution of “Mental Health Act 2026” for “Mental Health Acts 1945 to 2001”,

(b) in section 55A, by the substitution of the following definition for the definition of “mental health services”:

“ ‘mental health services’ means mental health services within the meaning of the Mental Health Act 2026;”,

(c) in section 55D—

(i) by the substitution of “Chief Inspector (within the meaning of the Mental Health Act 2026)” for “Inspector of Mental Health Services”, and

(ii) in paragraph (b)—

(i) in subparagraph (i), by the substitution of “Mental Health Act 2026” for “Mental Health Acts 1945 to 2001”, and

(II) in subparagraph (ii), by the substitution of “made under that Act” for “made under those Acts”,

(d) in section 55G, by the substitution of the following paragraph for paragraph (c):

“(c) the Chief Inspector (within the meaning of the Mental Health Act 2026) who is in the course of a visit, inspection or inquiry carried out in accordance with section 135 of that Act,”,

and

(e) in Schedule 2A, by the substitution of “Chief Inspector (within the meaning of the Mental Health Act 2026)” for “Inspector of Mental Health Services”.

(2) The amendments to the Health Act 2004 effected by subsection (1) shall not apply in relation to a protected disclosure under section 55D of that Act or a disclosure to the Inspector of Mental Health Services under section 55G of that Act regarding actions or omissions that occurred before the commencement of this section.