Mental Health Act 1983
(as amended)

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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

Changes made by Mental Health Act 2007

• Mental disorder no longer split into separate classifications 3/11/08
• Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 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, 3. Remands to hospital, 10. Restricted patients, 36. Special provisions in relation to children and young people — chapters 3 to 10 (passim) and paragraph 36.21

Law

Interpretation of Part III

55.—(1) In this Part of this Act—

["authorised person" means a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience (within the meaning of that Act);]

"child" and "young person" have the same meaning as in the Children and Young Persons Act 1933;

"civil prisoner" has the meaning given to it by section 48(2)(c) above;

"guardian", in relation to a child or young person, has the same meaning as in the Children and Young Persons Act 1933;

"place of safety", in relation to a person who is not a child or young person, means any police station, prison or remand centre, or any hospital the managers of which are willing temporarily to receive him, and in relation to a child or young person has the same meaning as in the Children and Young Persons Act 1933;

["responsible clinician", in relation to a person liable to be detained in a hospital within the meaning of Part 2 of this Act, means the approved clinician with overall responsibility for the patient's case.]

(2) Any reference in this Part of this Act to an offence punishable on summary conviction with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment relating to the imprisonment of yoang offenders.

(3) [...]

(4) Any reference to a hospital order, a guardianship order or a restriction order in section 40(2), (4) or (5), section 41 (3) to (5), or section 42 above or section 69(1) below shall be construed as including a reference to any order or direction under this Part of this Act having the same effect as the first-mentioned order; and the exceptions and modifications set out in Schedule 1 to this Act in respect of the provisions of this Act described in that Schedule accordingly include those which are consequential on the provisions of this subsection.

(5) Section 34(2) above shall apply for the purposes of this Part of this Act as it applies for the purposes of Part II of this Act

(6) References in this Part of this Act to persons serving a sentence of imprisonment shall be construed in accordance with section 47(5) above.

(7) Section 99 of the Children and Young Persons Act 1933 (which relates to the presumption and determination of age) shall apply for the purposes of this Part of this Act as it applies for the purposes of that Act.

Amendments