From 3/11/08, the MHA 2007 amends the definition of mental disorder in s1 to "any disorder or disability of the mind". However, learning disability does not count for detention or treatment under the Act unless it is "associated with abnormally aggressive or seriously irresponsible conduct on his part". Learning disability covers what used to be the classifications of mental impairment and severe mental impairment.

There used to be a similar exclusion in the definition of psychopathic disorder, but this is no longer the case. This means that people with personality disorders who used not to be detainable under the Act (because their disorders did not result in "abnormally aggressive or seriously irresponsible conduct on the part of the person concerned") can now be detained.

Related change

Mental disorder no longer split into separate classifications 3/11/08

Commencement

Date in force	Commencement order	MHA 2007 section	MHA 1983 sections affected
3/11/08	Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008	2	s1

Summary of effect of amendments in Chapter 1 of Part 1

Table from Explanatory Notes, page 9.

Provision	Currently applies to	Will apply in future to	Learning disability provision to apply in future	"Treatability" test applies now	Appropriate medical treatment test to apply in future
Civil Patients (Part 2 of the Act)
Admission for assessment for up to 28 days (section 2)	Mental disorder	Mental disorder	No	No	No
Admission for treatment (s3)	MI, MM, PD, SMM	Mental disorder	Yes	Yes	Yes
"Holding power" for patients already in hospital (s5)	Mental disorder	Mental disorder	No	No	No
Guardianship (s7)	MI, MM, PD, SMM	Mental disorder	Yes	No	No
Patients concerned in criminal proceedings (Part 3 of the Act)
Remand to hospital for report (s35)	MI, MM, PD, SMM	Mental disorder	Yes	No	Yes
Remand to hospital for treatment (s36)	MI, SMM	Mental disorder	Yes	No	Yes
Hospital order (s37)	MI, MM, PD, SMM	Mental disorder	Yes	Yes	Yes
Hospital order without conviction (s37(3) and 51(5))	MI, SMM	Mental disorder	Yes	No	Yes
Interim hospital order (s38)	MI, MM, PD, SMM	Mental disorder	Yes	No	Yes
Hospital and limitation directions (s45A)	PD	Mental disorder	Yes	Yes	Yes
Transfer direction - sentenced prisoner (s47)	MI, MM, PD, SMM	Mental disorder	Yes	Yes	Yes
Transfer direction - other (s48)	MI, SMM	Mental disorder	Yes	No	Yes

Key: MI = mental illness, MM = mental impairment, PD = psychopathic disorder, SMM = severe mental impairment

See also

• Reference Guide to the Mental Health Act 1983, 1. The structure of the Act and basic definitions