Mental Health Act 1959

UK - Reserved: Acts

Mental Health Act 1959

Mental Health Act 1959 (1959 c. 72)

Part I Preliminary

1—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part II Local Authority Services

General Provisions

6, 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2] Ss. 6, 7 repealed by Health Services and Public Health Act 1968 (c. 46), s. 12(7), Sch. 4

8 Functions of welfare authorities.

(1) For the purposes of subsection (8) of section twenty-one of the National Assistance Act 1948 (which restricts the duties of local authorities in respect of the provision of accommodation under that section by reference to the provision authorised or required to be made under other enactments) no account shall be taken of the provision authorised or required to be made by local social services authorities under paragraph 2 of Schedule 8 to the National Health Service Act 1977 , with respect to residential accommodation for persons who are or have been suffering from mental disorder.

[M1] 1948 c. 29.

[F4] Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(1)

[F5] Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(1)

[M2] 1977 c. 49.

(2) The persons referred to in subsection (1) of section twenty-nine of the said Act of 1948 (which section enables local authorities to make arrangements for promoting the welfare of blind persons and other disabled persons described in the said subsection (1)) shall include mentally disordered persons of any description; and for the purposes of subsection (6) of that section (which, among other things, excludes from that section the provision of accommodation or services required to be provided under the National Health Service Act 1946), no account shall be taken of the provisions of Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006, with respect to the provision of accommodation or services for such persons.

[F6] Words repealed ( prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

[M3] 1946 c. 81.

[F7] Words in s. 8(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 23(a) (with Sch. 3 Pt. 1)

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Nothing in this section shall be construed as requiring a local authority to make provision for the same purposes both under . . . Part III of the National Assistance Act 1948 and under Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006.

[F9] Words repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[M4] 1948 c. 29.

[F10] Words added by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(3)

[F11] Words in s. 8(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 23(b) (with Sch. 3 Pt. 1)

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12] S. 9 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1) and 27(4)); S.I. 1991/828, art. 3(2)

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

11—13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14] Ss. 11—13, Sch. 2 repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch.

Part III Mental Nursing Homes, Residential Homes, etc.

14—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15] Ss. 14—18, 23(2) repealed by Nursing Homes Act 1975 (c. 37), s. 22(3), Sch. 3

19—21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16] Ss. 19–21, 23(1), Sch. 7 Part II entry relating to: National Assistance Act 1948 (c. 29), s. 37 repealed by Residential Homes Act 1980 (c. 7), Sch. 2

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F18] Ss. 19–21, 23(1), Sch. 7 Part II entry relating to: National Assistance Act 1948 (c. 29), s. 37 repealed by Residential Homes Act 1980 (c. 7), Sch. 2

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19] Ss. 14—18, 23(2) repealed by Nursing Homes Act 1975 (c. 37), s. 22(3), Sch. 3

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20] S. 24 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

Part IV Compulsory Admission to Hospital and Guardianship

25—35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22] S. 36 repealed and superseded by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

37—43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24] Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

45—59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25] Ss. 45-59 repealed by Mental Health Act 1983 (c.20, SIF 85), Sch. 6

Part V Admission of Patients Concerned in Criminal Proceedings, etc., and Transfer of Patients under Sentence

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27] Ss. 61, 79 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

62—68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F29] S. 69 repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

70—76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F30] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

77, 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31] Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32] Ss. 61, 79 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part VI Removal and Return of Patients within United Kingdom, etc.

81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

82—84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F35] Ss. 82—84, 91 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5

85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F36] S. 85 (which was substituted for ss. 85 and 86 by Mental Health Act (Northern Ireland) 1961 (c. 15), Sch. 5 Pt. I) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F37] S. 87 (which was substituted for ss. 87 and 88 by Mental Health Act (Northern Ireland) 1961 (c. 15), Sch. 5 Pt. I) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

89, 90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F38] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F39] Ss. 82—84, 91 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5

92—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F40] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part VII Special Hospitals

97, 98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F41] Ss. 97, 98 repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part VIII Management of Property and Affairs of Patients

100—119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F44] S. 120, Sch. 4 repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F45] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part IX Miscellaneous and General

122—124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F46] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Offences

125, 126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F47] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

127 Amendment of Sexual Offences Act, 1956.

[F48] S. 127 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 13, Sch. 7; S.I. 2004/874, art. 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

128 Sexual intercourse with patients.

[F49] S. 128 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 13, Sch. 7; S.I. 2004/874, art. 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

129, 130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F50] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

131 Prosecutions by local authorities.

(1) A local social services authority may institute proceedings for any offence under this Part of this Act, but without prejudice to any provision of this Part of this Act requiring the consent of the Director of Public Prosecutions for the institution of such proceedings.

[F51] Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(2)

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F52] Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

Miscellaneous provisions

132, 133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F53] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F54] Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

135—138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F55] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

139—141. Supplemental

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F56] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

142 Default powers of Minister.

(1) Where the Minister is of opinion, on complaint or otherwise, that a local social services authority have failed to carry out functions conferred or imposed on the authority by or under this Act or have in carrying out those functions failed to comply with any regulations relating thereto, he may after such inquiry as he thinks fit make an order declaring the authority to be in default.

[F57] Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(2)

(2) Section 68(4) of the National Health Service Act 2006, and section 28(4) of the National Health Service (Wales) Act 2006 (which relate to orders declaring, among others, a local authority to be in default under that Act) shall apply in relation to an order under this section as they apply in relation to an order under that section.

[F58] Words in s. 142(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 24 (with Sch. 3 Pt. 1)

143 Inquiries.

[F59] S. 143 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 5, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

144 Expenses.

(1) There shall be defrayed out of moneys provided by Parliament—

(a) any expenses incurred by the Minister or a Secretary of State under this Act;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F60] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

(c) any increase attributable to this Act in the sums payable out of moneys provided by Parliament under any other enactment.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F61] Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

145 General provisions as to regulations, orders and rules.

(1) Any power of the Minister ... to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

[F62] Words in s. 145 repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 51, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(e), 30(b)

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F63] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F64] Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

147, 148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F65] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

149 Minor and consequential amendments and repeals.

(1) The enactments described in the first column of the Seventh Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F66] S. 149(2) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. 1 Pt. XI

(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F67] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

150 Application to Scotland.

The following provisions of this Act shall extend to Scotland, that is to say—

but except as aforesaid, and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Scotland.

[F68] Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

[F69] Words repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F70] S. 151 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

152 Application to Northern Ireland.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act shall not extend to Northern Ireland.

[F71] Words repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F72] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

154 Short title and application to Scilly Isles.

(1) This Act may be cited as the Mental Health Act 1959.

(2) Section 278(4) of the National Health Service Act 2006 (which provides for the application of that Act to the Isles of Scilly) shall have effect as if the references to that Act included references to this Act.

[F73] Words in s. 154(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 25 (with Sch. 3 Pt. 1)

SCHEDULES

FIRST SCHEDULE . . .

[F74] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

SECOND SCHEDULE . . .

[F75] Ss. 11—13, Sch. 2 repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch.

THIRD SCHEDULE . . .

[F76] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

FOURTH SCHEDULE . . .

[F77] S. 120, Sch. 4 repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

FIFTH SCHEDULE . . .

[F78] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

SIXTH SCHEDULE Transitional Provisions

1, 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F79] Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

3—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F80] Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part III Provisions relating to Parts IV and V

7—14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F81] Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Transferred patients

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F82] Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Section eighty-four of this Act shall apply to a transferred patient who having been a state mental patient in Scotland was immediately before the commencement of this Act liable to be detained in a hospital in England and Wales by virtue of subsection (3) of section sixty-three of the Criminal Justice Act 1948, or subsection (2) of section sixty-four of the Criminal Justice (Scotland) Act 1949, as if he had been removed to such a hospital from Scotland in pursuance of an order under the said subsection (2); and where he is treated by virtue of the said section eighty-four as if he had been removed to a hospital in pursuance of a transfer direction, he shall also be treated as if a direction restricting his discharge had been given as aforesaid.

[M5] 1948 c. 58.

[M6] 1949 c. 94.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F82] Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

16—23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F83] Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

24—28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F84] Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Seventh Schedule MINOR AND CONSEQUENTIAL AMENDMENTS

AMENDMENTS EXTENDING TO ENGLAND AND WALES ONLY

Enactment	Amendment
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The Colonial Prisoners Removal Act, 1884, 47 & 48 Vict. c. 31.	In section ten, after subsection (2), there shall be added the following subsection—(3)Without prejudice to the foregoing provisions of this section, where a criminal lunatic is removed to England and Wales, then—(a)except where he is a criminal lunatic by virtue of having been convicted of an offence and afterwards certified or otherwise lawfully proved to be insane, the Secretary of State may give the like direction in respect of him under section seventy-one of the Mental Health Act, 1959, as may be given in the case of a person to whom that section applies;(b)in the said excepted case, the Secretary of State may give the like direction in respect of him under section seventy-two of that Act (with or without a direction under section seventy-four thereof) as may be given in the case of a person serving a sentence of imprisonment with respect to whom the Secretary of State is satisfied as mentioned in subsection (1) of that section

Enactment	Amendment
. . .	. . .
The Settled Land Act, 1925, 15 & 16 Geo. 5. c. 18.	In section sixty-eight, in subsection (3), for the words “a lunatic, or a defective” there shall be substituted the words “suffering from mental disorder”.
The Trustee Act, 1925, 15 & 16 Geo. 5. c. 19.	In section thirty-six, the following subsection shall be substituted for subsection (9)—(9)Where a trustee is incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions as trustee and is also entitled in possession to some beneficial interest in the trust property, no appointment of a new trustee in his place shall be made by virtue of paragraph (b) of subsection (1) of this section unless leave to make the appointment has been given by the authority having jurisdiction under Part VIII of the Mental Health Act, 1959

Enactment	Amendment
	In section forty-one, in subsection (1), for the words “a lunatic or a defective” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions a s trustee”.
	The following section shall be substituted for section fifty-four—54 Jurisdiction in regard to mental patients.(1)Subject to the provisions of this section, the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, shall not have power to make any order, or give any direction or authority, in relation to a patient who is a trustee if the High Court has power under this Act to make an order to the like effect.(2)Where a patient is a trustee and a receiver appointed by the said authority is acting for him or an application for the appointment of a receiver has been made but not determined, then, except as respects a trust which is subject to an order for administration made by the High Court, the said authority shall have concurrent jurisdiction with the High Court in relation to—(a)mortgaged property of which the patient has become a trustee merely by reason of the mortgage having been paid off;(b)matters consequent on the making of provision by the said authority for the exercise of a power of appointing trustees or retiring from a trust;(c)matters consequent on the making of provision by the said authority for the carrying out of any contract entered into by the patient;(d)property to some interest in which the patient is beneficially entitled but which, or some interest in which, is held by the patient under an express, implied or constructive trust.The Lord Chancellor may make rules with respect to the exercise of the jurisdiction referred to in this subsection.(3)In this section “patient” means a patient as defined by section one hundred and one of the Mental Health Act, 1959, or a person as to whom powers are exercisable and have been exercised under section one hundred and four of that Act.

Enactment

Amendment

In section forty-one, in subsection (1), for the words “a lunatic or a defective” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions a s trustee”.

The following section shall be substituted for section fifty-four—54 Jurisdiction in regard to mental patients.(1)Subject to the provisions of this section, the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, shall not have power to make any order, or give any direction or authority, in relation to a patient who is a trustee if the High Court has power under this Act to make an order to the like effect.(2)Where a patient is a trustee and a receiver appointed by the said authority is acting for him or an application for the appointment of a receiver has been made but not determined, then, except as respects a trust which is subject to an order for administration made by the High Court, the said authority shall have concurrent jurisdiction with the High Court in relation to—(a)mortgaged property of which the patient has become a trustee merely by reason of the mortgage having been paid off;(b)matters consequent on the making of provision by the said authority for the exercise of a power of appointing trustees or retiring from a trust;(c)matters consequent on the making of provision by the said authority for the carrying out of any contract entered into by the patient;(d)property to some interest in which the patient is beneficially entitled but which, or some interest in which, is held by the patient under an express, implied or constructive trust.The Lord Chancellor may make rules with respect to the exercise of the jurisdiction referred to in this subsection.(3)In this section “patient” means a patient as defined by section one hundred and one of the Mental Health Act, 1959, or a person as to whom powers are exercisable and have been exercised under section one hundred and four of that Act.

Enactment	Amendment
	. . .
The Law of Property Act, 1925, 15 & 16 Geo. 5. c. 20.	The following section shall be substituted for section twenty-two—22 Conveyances on behalf of persons suffering from mental disorder and as to land held by them on trust for sale.(1)Where a legal estate in land (whether settled or not) is vested in a person suffering from mental disorder, either solely or jointly with any other person or persons, his receiver or (if no receiver is acting for him) any person authorised in that behalf shall, under an order of the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, or of the court, or under any Statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in his name and on his behalf.(2)If land held on trust for sale is vested, either solely or jointly with any other person or persons, in a person who is incapable, by reason of mental disorder, of excercising his functions as trustee, a new trustee shall be appointed in the place of that person, or he shall be otherwise discharged from the trust, before the legal estate is dealt with under the trust for sale or under the powers vested in the trustees for sale.

Enactment

Amendment

. . .

The Law of Property Act, 1925, 15 & 16 Geo. 5. c. 20.

The following section shall be substituted for section twenty-two—22 Conveyances on behalf of persons suffering from mental disorder and as to land held by them on trust for sale.(1)Where a legal estate in land (whether settled or not) is vested in a person suffering from mental disorder, either solely or jointly with any other person or persons, his receiver or (if no receiver is acting for him) any person authorised in that behalf shall, under an order of the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, or of the court, or under any Statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in his name and on his behalf.(2)If land held on trust for sale is vested, either solely or jointly with any other person or persons, in a person who is incapable, by reason of mental disorder, of excercising his functions as trustee, a new trustee shall be appointed in the place of that person, or he shall be otherwise discharged from the trust, before the legal estate is dealt with under the trust for sale or under the powers vested in the trustees for sale.

Enactment	Amendment
	...
	...
	. . .

Enactment	Amendment
. . .	. . .
The Administration of Estates Act, 1925, 15 & 16 Geo. 5. c.23.	In section forty-one, in subsection (1), in paragaph (ii) of the proviso, for the words “a lunatic or defective” there shall be substituted the words “is incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of managing and administering his property and affairs” and the word “committee” shall be omitted, and in paragraph (iv) of the proviso, for the words from “committee” to “appointed” there shall be substituted the words “receiver is acting for a person suffering from mental disorder”, and for the words “lunatic or defective” in the second place where they occur there shall be substituted the words “said person”.
. . .	. . .
. . .	. . .
	. . .
. . .	. . .
. . .	. . .
. . .	. . .
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. . .	. . .
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. . .	. . .
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. . .	. . .
The Sexual Offences Act,1956, 4 & 5 Eliz. 2. c. 69.	In the Second Schedule, in paragraph 1, in the fourth column, for the words “an idiot or imbecile” there shall be substituted the words “a defective”; in paragraph 11 in the first column, for the words “idiot or imbeclie” there shall be substituted the word “defective”; and in paragraph 14, in the fourth column, for the words “an idiot or imbecile” there shall be substituted the words “a defective”.
. . .	. . .
. . .	. . .
. . .	. . .
. . .	. . .

[F85] Sch. 7 Pt. 1 entries repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[F86] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

[F87] Sch. 7 entry relating to the Fines and Recoveries Act 1833, the words from “In section ninety-one” onwards repealed by Statute Law (Repeals) Act 1969

[F88] Sch. 7 entry relating to the amendments of the Court of Chancery of Lancaster Act 1850 repealed by Courts Act 1971 (c. 23) s. 56(4), Sch. 11 Pt. II

[F85] Sch. 7 Pt. 1 entries repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[F89] Sch. 7 entry relating to the Habitual Drunkards Act 1879 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. I Pt. Il

[F90] Sch. 7 Pt. I entry relating to: Forgery Act 1913 (c. 27) repealed by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), Sch. Pt. I

[F85] Sch. 7 Pt. 1 entries repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[F91] Sch. 7 entry relating to the Law of Property Act 1925 repealed (1.1.1997) by 1996 c. 47, ss. 25(2), sch. 4 (with s. 24(2)); S.I.1996/2974, art. 2

[F92] Sch. 7 entry relating to the Law of Property Act 1925 repealed (1.1.1997) by 1996 c. 47, ss. 25(2), sch. 4 (with s. 24(2)); S.I.1996/2974, art. 2

[F85] Sch. 7 Pt. 1 entries repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[F93] Sch. 7 entry repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

[F94] Sch. 7 Pt. I entry relating to: Supreme Court of Judicature (Consolidation) Act 1925 (c. 49) repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

[F95] Sch. 7 entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8

[F96] Sch. 7 entry relating to the Public Health Act 1936 repealed with (saving) by Nursing Homes Act 1975 (c. 37), s. 22(2)(3), Sch. 2 paras. 3, 5, Sch. 3

[F97] Sch. 7 entries relating to the Public Health (London) Act 1936 and the London Government Act 1939 repealed by London Government Act 1963 (c. 33), s. 93(1), Sch. 18 Pt. II

[F98] Sch. 7 Pt. I entry relating to: Limitation Act 1939 (c. 21) repealed by Limitation Act 1980 (c. 58, SIF 79), Sch. 4

[F97] Sch. 7 entries relating to the Public Health (London) Act 1936 and the London Government Act 1939 repealed by London Government Act 1963 (c. 33), s. 93(1), Sch. 18 Pt. II

[F99] Sch. 7 entry relating to Education Act 1944 repealed by Education (Handicapped Children) Act 1970 (c. 52), s. 2, Sch.

[F100] Sch. 7 entry relating to The Teachers' Superannuation Act 1945 repealed by The Teachers' Superannuation Act 1965 (c. 83), ss. 2(1)()c), 8(1)(b), Sch. 3 Pt. II

[F101] Sch. 7 entry relating to the amendment of s. 63 of the National Health Service Act 1946 repealed by Health Services and Public Health Act 1968 (c. 46), s. 78(2), Sch. 4

[F102] Sch. 7 entries relating to the National Health Service Act 1946, and the National Health Service (Amendment) Act 1949 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[F85] Sch. 7 Pt. 1 entries repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[F103] Sch. 7 entry relating to the Children Act 1948 repealed by Children Act 1975 (c. 72), s. 108(1)(b), Sch. 4 Pt. V

[F104] Sch. 7 entry relating to the Criminal Justice Act 1948 repealed by Powers of Criminal Courts Act 1973 (c. 62), s. 56(2), Sch. 6

[F105] Sch. 7 entry relating to the National Service Act 1948 repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. I

[F106] Sch. 7 entries relating to the Recall of Army and Air Force Pensioners Act 1948, the Naval Enlistment Act 1884, the Army Act 1955, the Air Force Act 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 repealed by Mental Health (Scotland) Act 1960 (c. 61), s. 113(2), Sch. 5

[F102] Sch. 7 entries relating to the National Health Service Act 1946, and the National Health Service (Amendment) Act 1949 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

[F107] Sch. 7 entry relating to the Matrimonial Causes Act 1950 repealed by Matrimonial Causes Act 1965 (c. 72), s. 45, Sch. 2

[F108] Sch. 7 entry relating to the Costs in Criminal Cases Act 1952 repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21(2), Sch. 2

[F109] Sch. 7 Pt. I entry relating to: Magistrates' Courts Act 1952 (c. 55) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

[F110] Sch. 7 entry relating to the Local Government Superannuation Act 1953 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

[F111] Sch. 7 Pt. I entry relating to: Nurses Act 1957 (c. 15) repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8

[F112] Sch. 7 entry relating to the amendment of the Solicitors Act 1957 repealed by Solicitors (Amendment) Act 1974 (c. 26), s. 19(5)(6), Sch. 3 Pt. I

[F85] Sch. 7 Pt. 1 entries repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

[F95] Sch. 7 entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8

PART II OTHER AMENDMENTS

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[F113] Sch. 7 entries relating to the Recall of Army and Air Force Pensioners Act 1948, the Naval Enlistment Act 1884, the Army Act 1955, the Air Force Act 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 repealed by Mental Health (Scotland) Act 1960 (c. 61), s. 113(2), Sch. 5

[F114] Sch. 7 entry relating to the Pharmacy and Poisons Act 1933 repealed by Poisons Act 1972 (c. 66), s. 12(1), Sch. 3

[F115] Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

[F116] Ss. 19–21, 23(1), Sch. 7 Part II entry relating to: National Assistance Act 1948 (c. 29), s. 37 repealed by Residential Homes Act 1980 (c. 7), Sch. 2

[F117] Sch. 7 entry relating to the Children Act 1948 repealed by Local Authority Social Services Act 1970 (c. 42), s. 14(2), Sch. 3

[F118] Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

[F119] Sch. 7 Part II entry relating to: Administration of Justice (Pensions) Act 1950 (c. 11) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4

[F120] Sch. 7 Part II entry relating to: Children Act 1958 (c. 65) repealed by Foster Children Act 1980 (c. 6), Sch. 2

[F95] Sch. 7 entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8

EIGHTH SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F121] Sch. 8 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. 1 Pt. XI