Mental Health Act 1983
Mental Health Act 1983 (1983 c. 20)
- Mental Health Act 1983 (1983 c. 20)
- Part I Application of Act
- 1 Application of Act: “mental disorder”.
- Part II Compulsory Admission to Hospital and Guardianship
- Procedure for hospital admission
- 2 Admission for assessment.
- 3 Admission for treatment.
- 4 Admission for assessment in cases of emergency.
- 5 Application in respect of patient already in hospital.
- 6 Effect of application for admission.
- Guardianship
- 7 Application for guardianship.
- 8 Effect of guardianship application, etc.
- 9 Regulations as to guardianship.
- 10 Transfer of guardianship in case of death, incapacity, etc., of guardian.
- General provisions as to applications and recommendations
- 11 General provisions as to applications.
- 12 General provisions as to medical recommendations.
- 12ZA Agreement for exercise of approval function: England
- 12ZB Requirement to exercise approval functions: England
- 12ZC Provision of information for the purposes of section 12ZA or 12ZB
- 12A Conflicts of interest
- 13 Duty of approved mental health professionals to make applications for admission or guardianship.
- 15 Rectification of applications and recommendations.
- Position of patients subject to detention or guardianship
- 16 Reclassification of patients.
- 17 Leave of absence from hospital.
- 17A Community treatment orders
- 17B Conditions
- 17C Duration of community treatment order
- 17D Effect of community treatment order
- 17E Power to recall to hospital
- 17F Powers in respect of recalled patients
- 17G Effect of revoking community treatment order
- 18 Return and readmission of patients absent without leave.
- 19 Regulations as to transfer of patients.
- 19A Regulations as to assignment of responsibility for community patients
- Duration of authority and discharge
- 20 Duration of authority.
- 20A Community treatment period
- 20B Effect of expiry of community treatment order
- 21 Special provisions as to patients absent without leave.
- 21A Patients who are taken into custody or return within 28 days.
- 21B Patients who are taken into custody or return after more than 28 days.
- 22 Special provisions as to patients sentenced to imprisonment, etc.
- 23 Discharge of patients.
- 24 Visiting and examination of patients.
- 25 Restrictions on discharge by nearest relative.
- After-care under supervision
- 25A Application for supervision.
- 25B Making of supervision application.
- 25C Supervision applications: supplementary.
- 25D Requirements to secure receipt of after-care under supervision.
- 25E Review of after-care under supervision etc.
- 25F Reclassification of patient subject to after-care under supervision.
- 25G Duration and renewal of after-care under supervision.
- 25H Ending of after-care under supervision.
- 25I Special provisions as to patients sentenced to imprisonment etc.
- 25J Patients moving from Scotland to England and Wales.
- Functions of relatives of patients
- 26 Definition of “relative” and “nearest relative”.
- 27 Children and young persons in care.
- 28 Nearest relative of minor under guardianship, etc.
- 29 Appointment by court of acting nearest relative.
- 30 Discharge and variation of orders under s. 29.
- Supplemental
- 31 Procedure on applications to county court.
- 32 Regulations for purposes of Part II.
- 33 Special provisions as to wards of court.
- 34 Interpretation of Part II.
- Part III Patients Concerned in Criminal Proceedings or Under Sentence
- Remands to hospital
- 35 Remand to hospital for report on accused’s mental condition.
- 36 Remand of accused person to hospital for treatment.
- Hospital and guardianship orders
- 37 Powers of courts to order hospital admission or guardianship.
- 38 Interim hospital orders.
- 39 Information as to hospitals.
- 39A Information to facilitate guardianship orders.
- 40 Effect of hospital orders, guardianship orders and interim hospital orders.
- Restriction orders
- 41 Power of higher courts to restrict discharge from hospital.
- 42 Powers of Secretary of State in respect of patients subject to restriction orders.
- 43 Power of magistrates’ courts to commit for restriction order.
- 44 Committal to hospital under s. 43.
- 45 Appeals from magistrates’ courts.
- Hospital and limitation directions
- 45A Power of higher courts to direct hospital admission.
- 45B Effect of hospital and limitation directions.
- Detention during Her Majesty’s pleasure
- 46 Persons ordered to be kept in custody during Her Majesty’s pleasure.
- 46 Persons ordered to be kept in custody during Her Majesty’s pleasure.
- Transfer to hospital of prisoners, etc.
- 47 Removal to hospital of persons serving sentences of imprisonment, etc.
- 48 Removal to hospital of other prisoners.
- 49 Restriction on discharge of prisoners removed to hospital.
- 50 Further provisions as to prisoners under sentence.
- 51 Further provisions as to detained persons.
- 52 Further provisions as to persons remanded by magistrates’ courts.
- 53 Further provisions as to civil prisoners and persons detained under the Immigration Acts.
- Supplemental
- 54 Requirements as to medical evidence.
- 54A Reduction of period for making hospital orders.
- 55 Interpretation of Part III.
- Part IV Consent to Treatment
- 56 Patients to whom Part IV applies.
- 57 Treatment requiring consent and a second opinion.
- 58 Treatment requiring consent or a second opinion.
- 58A Electro-convulsive therapy, etc.
- 59 Plans of treatment.
- 60 Withdrawal of consent.
- 61 Review of treatment.
- 62 Urgent treatment.
- 62A Treatment on recall of community patient or revocation of order
- 63 Treatment not requiring consent.
- 64 Supplementary provisions for Part IV.
- Part 4A Treatment of community patients not recalled to hospital
- 64A Meaning of “relevant treatment”
- 64B Adult community patients
- 64C Section 64B: supplemental
- 64D Adult community patients lacking capacity
- 64E Child community patients
- 64F Child community patients lacking competence
- 64FA Withdrawal of consent
- 64G Emergency treatment for patients lacking capacity or competence
- 64H Certificates: supplementary provisions
- 64I Liability for negligence
- 64J Factors to be considered in determining whether patient objects to treatment
- 64K Interpretation of Part 4A
- Part V Mental Health Review Tribunals
- Constitution etc.
- 65 Mental Health Review Tribunal for Wales.
- Applications and references concerning Part II patients
- 66 Applications to tribunals.
- 67 References to tribunals by Secretary of State concerning Part II patients.
- 68 Duty of managers of hospitals to refer cases to tribunal.
- 68A Power to reduce periods under section 68
- Applications and references concerning Part III patients
- 69 Applications to tribunals concerning patients subject to hospital and guardianship orders.
- 70 Applications to tribunals concerning restricted patients.
- 71 References by Secretary of State concerning restricted patients.
- Discharge of patients
- 72 Powers of tribunals.
- 73 Power to discharge restricted patients.
- 74 Restricted patients subject to restriction directions.
- 75 Applications and references concerning conditionally discharged restricted patients.
- General
- 76 Visiting and examination of patients.
- 77 General provisions concerning tribunal applications.
- 78 Procedure of Mental Health Review Tribunal for Wales.
- 78A Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal
- 79 Interpretation of Part V.
- Part VI Removal and Return of Patients Within United Kingdom, etc.
- Removal to and from Scotland
- 80 Removal of patients to Scotland.
- 80ZA Transfer of responsibility for community patients to Scotland
- 80A Transfer of responsibility for conditionally discharged patients to Scotland
- 80B Removal of detained patients from Scotland
- 80C Removal of patients subject to compulsion in the community from Scotland
- 80D Transfer of conditionally discharged patients from Scotland
- Removal to and from Northern Ireland
- 81 Removal of patients to Northern Ireland.
- 81ZA Removal of community patients to Northern Ireland
- 81A Transfer of responsibility for patients to Northern Ireland.
- 82 Removal to England and Wales of patients from Northern Ireland.
- 82A Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland
- Removal to and from Channel Islands and Isle of Man
- 83 Removal of patients to Channel Islands or Isle of Man.
- 83ZA Removal or transfer of community patients to Channel Islands or Isle of Man
- 83A Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man
- 84 Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.
- 85 Patients removed from Channel Islands or Isle of Man.
- 85ZA Responsibility for community patients transferred from Channel Islands or Isle of Man
- 85A Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man
- Removal of aliens
- 86 Removal of alien patients.
- Return of patients absent without leave
- 87 Patients absent from hospitals in Northern Ireland.
- 88 Patients absent from hospitals in England and Wales.
- 89 Patients absent from hospitals in the Channel Islands or Isle of Man.
- General
- 90 Regulations for purposes of Part VI.
- 91 General provisions as to patients removed from England and Wales.
- 92 Interpretation of Part VI.
- 93 Judicial authorities and Court of Protection.
- 94 Exercise of the judge’s functions: “the patient”.
- 95 General functions of the judge with respect to property and affairs of patient.
- 96 Powers of the judge as to patient’s property and affairs.
- 97 Supplementary provisions as to wills executed under s. 96.
- 98 Judge’s powers in cases of emergency.
- 99 Power to appoint receiver.
- 100 Vesting of stock in curator appointed outside England and Wales.
- 101 Preservation of interests in patient’s property.
- 102 Lord Chancellor’s Visitors.
- 103 Functions of Visitors.
- 104 General powers of the judge with respect to proceedings.
- 105 Appeals.
- 106 Rules of procedure.
- 107 Security and accounts.
- 108 General provisions as to rules under Part VII.
- 109 Effect and proof of orders, etc.
- 110 Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
- 111 Construction of references in other Acts to judge or authority having jurisdiction under Part VII.
- 112 Interpretation of Part VII.
- 113 Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.
- Part VIII Miscellaneous Functions of Local Authorities and the Secretary of State
- Approved mental health professionals
- 114 Approval by local social services authority.
- 114ZA Approval of courses: England
- 114A Approval of courses: Wales
- 115 Powers of entry and inspection.
- Visiting patients
- 116 Welfare of certain hospital patients.
- After-care
- 117 After-care.
- 117A After-care: preference for particular accommodation
- 117B After-care: exception for provision of nursing care
- Functions of the Secretary of State
- 118 Code of practice.
- 119 Practitioners approved for Part IV and s. 118.
- 120 General protection of relevant patients.
- 120A Investigation reports
- 120B Action statements
- 120C Provision of information
- 120D Annual reports
- 121 Mental Health Act Commission.
- 122 Provision of pocket money for in-patients in hospital.
- 123 Transfers to and from special hospitals.
- 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 125 Inquiries.
- Part IX Offences
- 126 Forgery, false statements, etc.
- 127 Ill-treatment of patients.
- 128 Assisting patients to absent themselves without leave, etc.
- 129 Obstruction.
- 130 Prosecutions by local authorities.
- Part X Miscellaneous and Supplementary
- Miscellaneous provisions
- 130A Independent mental health advocates: England
- 130B Arrangements under section 130A
- 130C Section 130A: supplemental
- 130D Duty to give information about independent mental health advocates
- 130E Independent mental health advocates: Wales
- 130F Arrangements under section 130E for Welsh qualifying compulsory patients
- 130G Arrangements under section 130E for Welsh qualifying informal patients
- 130H Independent mental health advocates for Wales: supplementary powers and duties
- 130I Welsh qualifying compulsory patients
- 130J Welsh qualifying informal patients
- 130K Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients
- 130L Duty to give information about independent mental health advocates to Welsh qualifying informal patients
- 131 Informal admission of patients.
- 131A Accommodation, etc. for children
- 132 Duty of managers of hospitals to give information to detained patients.
- 132A Duty of managers of hospitals to give information to community patients
- 133 Duty of managers of hospitals to inform nearest relatives of discharge.
- 134 Correspondence of patients.
- 134A Review of decisions to withhold correspondence
- 135 Warrant to search for and remove patients.
- 136 Removal etc of mentally disordered persons without a warrant
- 136A Use of police stations as places of safety
- 136B Extension of detention
- 136C Protective searches
- 137 Provisions as to custody, conveyance and detention.
- 138 Retaking of patients escaping from custody.
- 139 Protection for acts done in pursuance of this Act.
- 139 Protection for acts done in pursuance of this Act.
- 140 Notification of hospitals having arrangements for special cases.
- 141 Members of Parliament suffering from mental illness.
- 142 Pay, pensions, etc., of mentally disordered persons.
- 142A Regulations as to approvals in relation to England and Wales
- 142B Delegation of powers of managers of NHS foundation trusts
- 142C Human Rights Act 1998: extension to certain private care providers
- Supplemental
- 143 General provisions as to regulations, orders and rules.
- 144 Power to amend local Acts.
- 145 Interpretation.
- 146 Application to Scotland.
- 147 Application to Northern Ireland.
- 148 Consequential and transitional provisions and repeals.
- 149 Short title, commencement and application to Scilly Isles.
- SCHEDULES
- SCHEDULE 1 Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders
- Part I Patients Not Subject to Special Restrictions
- Part II Patients Subject to Special Restrictions
- SCHEDULE 2 Mental Health Review Tribunal for Wales
- SCHEDULE 4 Consequential Amendments
- SCHEDULE 5 Transitional and Saving Provisions
- 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- SCHEDULE 6 Repeals
Feedback