Mental disorder no longer split into separate classifications

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.

Related changes

There are, however, two exceptions. See these pages for details:

Commencement

Date in forceCommencement orderMHA 2007 sectionMHA 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

See also