From Mental Health Law Online
The definition of mental disorder is changed by the MHA 2007, as of 3/11/08, so that it is no longer split into the four classifications of mental illness, psychopathic disorder, mental impairment and severe mental impairment.
s1 now states that:
- "mental disorder" means any disorder or disability of the mind.
There are, however, two exceptions. See these pages for details:
- Abnormally aggressive or seriously irresponsible conduct is only a consideration for learning disability (not personality disorder) 3/11/08 - Learning disability is not mental disorder unless associated with this conduct.
- Some exclusions to definition of mental disorder have been removed 3/11/08 - dependence on alcohol or drugs is still excluded.
|Date in force||Commencement order||MHA 2007 section||MHA 1983 sections affected|
|3/11/08||Mental Health Act 2007 (Commencement No. 6 and After-care under Supervision: Savings, Modifications and Transitional Provisions) Order 2008||Section 1 insofar as it gives effect to paragraph 13 of Schedule 1||s66|
|3/11/08||Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008||Remainder of section 1 and sch 1||s1, s3, s7, s20, s35, s36, s37, s38, s45A, s47, s48, s51, s72, s86, s141, s145. [Other Acts are amended, including MCA sch 4 para 23]|
|"||"||s55, sch 11||s1, s7, s11, s15, s16, s20, s21B, s27, s45A, s47, s55, s66, s72, s92; sched 1 part 1 para 2, 3, 6; sched 5 para 37, 39|
Summary of effect of amendments in Chapter 1 of Part 1
Table from Explanatory Notes, page 9.
|Provision||Currently applies to||Will apply in future to||Learning disability provision to apply in future||"Treatability" test applies now||Appropriate medical treatment test to apply in future|
|Civil Patients (Part 2 of the Act)|
|Admission for assessment for up to 28 days (section 2)||Mental disorder||Mental disorder||No||No||No|
|Admission for treatment (s3)||MI, MM, PD, SMM||Mental disorder||Yes||Yes||Yes|
|"Holding power" for patients already in hospital (s5)||Mental disorder||Mental disorder||No||No||No|
|Guardianship (s7)||MI, MM, PD, SMM||Mental disorder||Yes||No||No|
|Patients concerned in criminal proceedings (Part 3 of the Act)|
|Remand to hospital for report (s35)||MI, MM, PD, SMM||Mental disorder||Yes||No||Yes|
|Remand to hospital for treatment (s36)||MI, SMM||Mental disorder||Yes||No||Yes|
|Hospital order (s37)||MI, MM, PD, SMM||Mental disorder||Yes||Yes||Yes|
|Hospital order without conviction (s37(3) and 51(5))||MI, SMM||Mental disorder||Yes||No||Yes|
|Interim hospital order (s38)||MI, MM, PD, SMM||Mental disorder||Yes||No||Yes|
|Hospital and limitation directions (s45A)||PD||Mental disorder||Yes||Yes||Yes|
|Transfer direction - sentenced prisoner (s47)||MI, MM, PD, SMM||Mental disorder||Yes||Yes||Yes|
|Transfer direction - other (s48)||MI, SMM||Mental disorder||Yes||No||Yes|
Key: MI = mental illness, MM = mental impairment, PD = psychopathic disorder, SMM = severe mental impairment
- Reference Guide to the Mental Health Act 1983, 1. The structure of the Act and basic definitions