Mental Health Act 1983
(as amended)

Edit/add commentary
Law as at 19/11/11

Part III contents

35, 36, 37, 38, 39, 39A, 40, 41, 42, 43, 44, 45, 45A, 45B, 46, 47, 48, 49, 50, 51, 52, 53, 54, 54A, 55

All Parts

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

Overview of the MHA 1983
Plain text for printing
Statute Law Database

Mental Health Act 2007

• This section is not changed by the 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.

See also

• Reference Guide to the Mental Health Act 1983, 19. Guardianship and guardianship orders — paragraph 19.67
• Mental Health Act 1983 Code Of Practice for England, 33. Patients concerned with criminal proceedings

Law

Information to facilitate guardianship orders

39A. Where a court is minded to make a guardianship order in respect of any offender, it may request the local social services authority for the area in which the offender resides or last resided, or any other local social services authority that appears to the court to be appropriate—

(a) to inform the court whether it or any other person approved by it is willing to receive the offender into guardianship; and

(b) if so, to give such information as it reasonably can about how it or the other person could be expected to exercise in relation to the offender the powers conferred by section 40(2) below;

and that authority shall comply with any such request.

Amendments