From Mental Health Law Online
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.
|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
- Reference Guide to the Mental Health Act 1983, 1. The structure of the Act and basic definitions