MHA 1983 s129

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part IX contents

126, 127, 128, 129, 130

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

Mental Health Act 2007

Related cases

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See also

[The chapter/paragraph numbers here refer to the 2008 versions of the Code of Practice and Reference Guide.]

Law

Obstruction

129.—(1) Any person who without reasonable cause—

(a) refuses to allow the inspection of any premises; or
(b) refuses to allow the visiting, interviewing or examination of any person by a person authorised in that behalf by or under this Act [or to give access to any person to a person so authorised];[1] or
(c) refuses to produce for the inspection of any person so authorised any document or record the production of which is duly required by him; or
[(ca) fails to comply with a request made under section 120C; or][2]
(d) otherwise obstructs any such person in the exercise of his functions,

shall be guilty of an offence.

(2) Without prejudice to the generality of subsection (1) above, any person who insists on being present when required to withdraw by a person authorised by or under this Act to interview or examine a person in private shall be guilty of an offence.

(3) Any person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 4 on the standard scale or to both.

Amendments

  1. Mental Health (Patients in the Community) Act 1995
  2. Health and Social Care Act 2008 sch 3; Health and Social Care Act 2008 (Commencement No 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 wef 1/4/09

Pending amendments

  1. Criminal Justice Act 2003 sch 37 part 9: Repeal: In section 129(3), the words— (a) “to imprisonment for a term not exceeding three months or”, and (b) “or to both”.