Mental Health Act 1983
(as amended)

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Law as at 19/11/11

Part X contents

130A, 130B, 130C, 130D, 131, 131A, 132, 132A, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 142A, 142B, 143, 144, 145, 146, 147, 148, 149

All Parts

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

Overview of the MHA 1983
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Statute Law Database

This section provides that an MP who is detained for over six months on the ground that he is suffering from mental disorder will lose his seat. For the exact time-frame, see the section text. It also applies to the devolved assemblies with some amendments. The provision has never been used.

Proposed repeal

In the final report of the Speaker's Conference on Parliamentary Representation, published on 6/1/10, MPs recommend that this section be repealed. Extracts follow:

63. The law on disqualification from Membership is not consistent or logical in its treatment of various types of illness or disorder. If a Member suffers from serious physical illness—say a stroke—that can leave constituents effectively un-represented in much the same way as if a Member has a serious mental disorder. Yet there is no parallel provision to s141 of the Mental Health Act 1983 for cases of physical illness. We have received substantial evidence from a number of sources, both expert and lay, to suggest that s141 wrongly implies that mental illness is in some way fundamentally different in its effects from physical illness. Yet the House, through its medical services, can provide care and assistance for those with mental illness, just as it can for those with physical illness. (Paragraph 325)

64. We believe that s141 of the 1983 Mental Health Act is unnecessary and damaging. It embodies attitudes which stigmatise and sap the confidence of people with mental illness. Section 141 should be repealed as soon as practicable. (Paragraph 327)

65. We recognise, however, that some provision may be needed to protect the legitimate interests of constituents and the House in circumstances where a Member is physically or mentally incapacitated to the extent that he or she is entirely unable to fulfil their duties for an extended period. We recommend that the House should invite an appropriate select committee to undertake an inquiry into this issue, consider whether new legislation or other measures may be needed, and make recommendations to the House and to Government as appropriate. (Paragraph 328)

On 2/2/11 Nick Clegg MP announced that s141 would be abolished.

Related legislation: Mental Health (Discrimination) Bill 2010 — This Private Member's Bill, introduced by Lord Stevenson, received its first reading on 6/4/11. If enacted it would: (1) Repeal s141 MHA 1983 so that the seat of an MP is no longer vacated upon long-term detention under the Act; (2) amend the Juries Act 1974 so that (in addition to the existing category of those lacking capacity) only those liable to be detained under the MHA are excluded from jury service (see jury service page for current provisions); (3) amend the Companies (Model Articles) Regulations 2008 so that a person no longer ceases to be a director when 'by reason of that person’s mental health, a court makes an order which wholly or partly prevents that person from personally exercising any powers or rights which that person would otherwise have'; (4) amend the School Governance (Constitution) (England) Regulations 2007 so it is no longer the case that '[a] person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is detained under the Mental Health Act 1983'.

Changes made by Mental Health Act 2007

• Mental disorder no longer split into separate classifications 3/11/08
• Supervised Community Treatment replaces Supervised Discharge 3/11/08

Related cases

Any cases with a hyperlink to this legislation will automatically be added here. There may be other relevant cases without a hyperlink, so please check the mental health case law page.

See also

• Reference Guide to the Mental Health Act 1983, 12. Detention in hospital — paragraphs 12.140 to 12.142

Law

Members of Parliament suffering from mental illness

141.—(1) Where a member of the House of Commons is authorised to be detained [under a relevant enactment] on the ground (however formulated) that he is suffering from [mental disorder], it shall be the duty of the court, authority or person on whose order or application, and of any registered medical practitioner upon whose recommendation or certificate, the detention was authorised, and of the person in charge of the hospital or other place in which the member is authorised to be detained, to notify the Speaker of the House of Commons that the detention has been authorised.

(2) Where the Speaker receives a notification under subsection (1) above, or is notified by two members of the House of Commons that they are credibly informed that such an authorisation has been given, the Speaker shall cause the member to whom the notification relates to be visited and examined by two registered medical practitioners appointed in accordance with subsection (3) below.

(3) The registered medical practitioners to be appointed for the purposes of subsection (2) above shall be appointed by the President of the Royal College of Psychiatrists and shall be practitioners appearing to the President to have special experience in the diagnosis or treatment of mental disorders.

(4) The registered medical practitioners appointed in accordance with subsection (3) above shall report to the Speaker whether the member is suffering from [mental disorder] and is authorised to be detained [under a relevant enactment] as such.

(5) If the report is to the effect that the member is suffering from [mental disorder] and authorised to be detained as aforesaid, the Speaker shall at the expiration of six months from the date of the report, if the House is then sitting, and otherwise as soon as may be after the House next sits, again cause the member to be visited and examined by two such registered medical practitioners as aforesaid, and the registered medical practitioners shall report as aforesaid.

(6) If the second report is that the member is suffering from [mental disorder] and authorised to be detained as mentioned in subsection (4) above, the Speaker shall forthwith lay both reports before the House of Commons, and thereupon the seat of the member shall become vacant.

[(6A) For the purposes of this section, the following are relevant enactments—

(a) this Act;

(b) the Criminal Procedure (Scotland) Act 1995 and the Mental Health (Care and Treatment) Scotland Act 2003 ("the Scottish enactments"); and

(c) the Mental Health (Northern Ireland) Order 1986 ("the 1986 Order").

(6B) In relation to an authorisation for detention under the Scottish enactments or the 1986 Order, the references in this section to mental disorder shall be construed in accordance with those enactments or that Order (as the case may be).]

[(6C) References in this section to a member who is authorised to be detained shall not include a member who is a community patient (whether or not he is recalled to hospital under section 17E above).]

(7) Any sums required for the payment of fees and expenses to registered medical practitioners acting in relation to a member of the House of Commons under this section shall be defrayed out of moneys provided by Parliament.

[(8) This section also has effect in relation to members of the Scottish Parliament but as if-

(a) any references to the House of Commons or the Speaker were references to the Scottish Parliament or (as the case may be) the Presiding Officer, and

(b) subsection (7) were omitted.]

[(9) This section also has effect in relation to members of the National Assembly for Wales but as if-

(a) references to the House of Commons were to the Assembly and references to the Speaker were to the presiding officer, and

(b) in subsection (7), for "defrayed out of moneys provided by Parliament" there were substituted "paid by the National Assembly for Wales [Commission]".]

[(10) This section also has effect in relation to members of the Northern Ireland Assembly but as if-

(a) references to the House of Commons were to the Assembly and references to the Speaker were to the Presiding Officer; and

(b) in subsection (7), for "provided by Parliament" there were substituted "appropriated by Act of the Assembly".]

Amendments

External links

• Final report of the Speaker's Conference on Parliamentary Representation (6/1/10)
• Martin Beckford, 'Clegg pledges to repeal law disqualifying mentally ill MPs' (Daily Telegraph, 3/2/11)