MHA 1983 s145

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part X contents

130A, 130B, 130C, 130D, 130E, 130F, 130G, 130H, 130I, 130J, 130K, 130L, 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

Changes made by Mental Health Act 2007

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.

  • Re Brammall; W Primary Care Trust v TB [2009] EWHC 1737 (Fam) — TB was eligible to be deprived of her liberty under the Mental Capacity Act 2005 (either under DOLS provisions or s16 court order): she might have been ineligible under Case E, but she was not a "mental health patient" because her care home did not fall within the definition of a hospital.
  • TTM v LB Hackney [2011] EWCA Civ 4 — (1) Where a local authority makes an unlawful application to a hospital for the detention of a patient under the MHA, it can be held liable in damages for false imprisonment when its unlawful act directly causes the detention; (2) although the hospital may act lawfully in detaining such a patient under s6(3) (if the application appeared to be duly made) that does not prevent the detention being held to be unlawful from the outset as against the local authority; (3) an application for detention that is made contrary to s11(4) (in the face of the Nearest Relative's objection) is in breach of Article 5(1); (4) Article 5(5) entitles a person detained in breach of Article 5(1) to compensation, and s139(1) (no liability unless bad faith or lack of reasonable care) can be read down so as to allow such a claim to proceed; (5) the word 'practicable' in s12(2) (requiring a recommendation from a doctor with previous acquaintance of the patient if practicable) should be ..→

See also

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

Law

Interpretation

145.—(1) In this Act, unless the context otherwise requires—

"absent without leave" has the meaning given to it by section 18 above and related expressions [(including expressions relating to a patient's liability to be returned to a hospital or other place)][1] shall be construed accordingly;
"application for admission for assessment" has the meaning given in section 2 above;
"application for admission for treatment" has the meaning given in section 3 above;
[“the appropriate tribunal” has the meaning given by section 66(4) above;][2]
["approved clinician" means a person approved by the Secretary of State [or another person by virtue of section 12ZA or 12ZB above][3] (in relation to England) or by the Welsh Ministers (in relation to Wales) to act as an approved clinician for the purposes of this Act;][1]
["approved mental health professional" has the meaning given in section 114 above;][1]
["care home" has the same meaning as in the Care Standards Act 2000;][4]
["community patient" has the meaning given in section 17A above;][1]
["community treatment order" and "the community treatment order" have the meanings given in section 17A above;][1]
["the community treatment period" has the meaning given in section 20A above;][1]
[...][5]
["high security psychiatric services" has the same meaning as in the [section 4 of the National Health Service Act 2006 or section 4 of the National Health Service (Wales) Act 2006][6];][7]
"hospital" means—
(a) any health service hospital within the meaning of the [National Health Service Act 2006 or the National Health Service (Wales) Act 2006];[6] and
(b) any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under that Act; [; and
(c) any hospital as defined by section 206 of the National Health Service (Wales) Act 2006 which is vested in a Local Health Board;][1]
and "hospital within the meaning of Part II of this Act" has the meaning given in section 34 above;
["hospital direction" has the meaning given in section 45A(3)(a) above;][8]
"hospital order" and "guardianship order" have the meanings respectively given in section 37 above;
["independent hospital"—
(a) in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and
(b) in relation to Wales, has the same meaning as in the Care Standards Act 2000;][9]
"interim hospital order" has the meaning given in section 38 above;
["limitation direction" has the meaning given in section 45A(3)(b) above;][8]
[“Local Health Board” means a Local Health Board established under section 11 of the National Health Services (Wales) Act 2006;][10]
"local social services authority" means a council which is a local authority for the purpose of the Local Authority Social Services Act 1970;
"the managers" means—
(a) in relation to a hospital vested in the Secretary of State for the purposes of his functions under the [the National Health Service Act 2006, or in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006,][6] and in relation to any accommodation provided by a [Local Health Board][10] and used as a hospital by or on behalf of the Secretary of State under [the National Health Service Act 2006, or of the Welsh Ministers under the National Health Service (Wales) Act 2006,][6] [the Secretary of State where the Secretary is responsible for the administration of the hospital or][3] the [...][3] [...][3] [Health Authority or Special Health Authority][11] responsible for the administration of the hospital;
(b) [...][7]
[(bb) in relation to a hospital vested in [...][3] a National Health Service trust, [...][12] the trust][13]
[(bc) in relation to a hospital vested in an NHS foundation trust, the trust;][14]
[(bd) in relation to a hospital vested in a Local Health Board, the Board;][1]
[(c) in relation to a registered establishment—
(i) if the establishment is in England, the person or persons registered as a service provider under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the regulated activity (within the meaning of that Part) relating to the assessment or medical treatment of mental disorder that is carried out in the establishment, and
(ii) if the establishment is in Wales, the person or persons registered in respect of the establishment under Part 2 of the Care Standards Act 2000;[9]
and in this definition "hospital" means a hospital within the meaning of Part II of this Act;
"medical treatment" includes nursing, [psychological intervention and specialist mental health habilitation, rehabilitation and care (but see also subsection (4) below);][1]
["mental disorder" has the meaning given in section 1 above (subject to [section 86(4)][15]);][1]
[...][4]
"nearest relative", in relation to a patient, has the meaning given in Part II of this Act;
"patient" [...][16] means a person suffering or appearing to be suffering from mental disorder;
[...][3]
["registered establishment" has the meaning given in section 34 above;][4]
[...][17]
[“the regulatory authority” means—
(a) in relation to England, the Care Quality Commission;
(b) in relation to Wales, the Welsh Ministers;][18]
["the responsible hospital" has the meaning given in section 17A above;][1]
"restriction direction" has the meaning given to it by section 49 above;
"restriction order" has the meaning given to it by section 41 above;
["Special Health Authority" means a Special Health Authority established under [section 28 of the National Health Service Act 2006, or section 22 of the National Health Service (Wales) Act 2006];[6]][11]
[...][7]
[...][3]
[...][19]
[...][20]
“transfer direction” has the meaning given to it by section 47 above.

(1A) [...][1]

[(1AA) Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act.][7]

[(1AB) References in this Act to appropriate medical treatment shall be construed in accordance with section 3(4) above.][1]

[(1AC) References in this Act to an approved mental health professional shall be construed as references to an approved mental health professional acting on behalf of a local social services authority, unless the context otherwise requires.][1]

(2) [...][20]

(3) In relation to a person who is liable to be detained or subject to guardianship [or a community patient][1] by virtue of an order or direction under Part III of this Act (other than under section 35, 36 or 38), any reference in this Act to any enactment contained in Part II of this Act or in section 66 or 67 above shall be construed as a reference to that enactment as it applies to that person by virtue of Part III of this Act.

[(4) Any reference in this Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.][1]

Amendments

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 Mental Health Act 2007 s 1 & sch 1, s4, s7, s14, s21 & sch 2, s32 & sch 3; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
  2. Transfer of Tribunal Functions Order 2008 wef 3/11/08
  3. 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Health and Social Care Act 2012 s38 or sch 5 para 31; Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013/160 art 2 (1/4/13). This removes references to and definitions of PCT and SHA
  4. 4.0 4.1 4.2 Care Standards Act 2000 (definition of "mental nursing home" omitted by penultimate amendment)
  5. National Health Service (Consequential Provisions) Act 2006 wef 1/3/07 (removal of definition of Health Authority)
  6. 6.0 6.1 6.2 6.3 6.4 National Health Service (Consequential Provisions) Act 2006 wef 1/3/07
  7. 7.0 7.1 7.2 7.3 Health Act 1999 (definition of "special hospital" omitted by penultimate amendment)
  8. 8.0 8.1 Crime (Sentences) Act 1997
  9. 9.0 9.1 Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010/813 art 5(5), wef 1/10/10
  10. 10.0 10.1 References to Health Authorities Order 2007 para 13(13)
  11. 11.0 11.1 Health Authorities Act 1995
  12. Mental Health (Amendment) Act 1994 (the words "the directors of" omitted)
  13. NHS and Community Care Act 1990
  14. Health and Social Care (Community Health and Standards) Act 2003
  15. Mental Health (Discrimination) Act 2013 sch 1 para 1 (28/4/13) (removal of reference to s141)
  16. Mental Capacity Act 2005 s67 & sch 6; Mental Capacity Act 2005 (Commencement No.2) Order 2007 wef 1/10/08
  17. Mental Health Act 2007 (definition of "the responsible after-care bodies" repealed)
  18. 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
  19. Mental Health Act 2007 (definition of "supervision application" repealed)
  20. 20.0 20.1 Statute Law (Repeals) Act 1993 (definitions of "standard scale" and "statutory maximum")