Protection for acts done in pursuance of this Act
139.—(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, [...] unless the act was done in bad faith or without reasonable care.
(2) No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.
(3) This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.
(4) This section does not apply to proceedings against the Secretary of State or against [the National Health Service Commissioning Board, a clinical commissioning group,] a [Strategic Health Authority,] [[Local Health Board] [, Special Health Authority or Primary Care Trust]] [or against a National Health Service trust established under [the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]] [or NHS foundation trust] [or against the Department of Justice in Northern Ireland] [or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions]
(5) In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.
- Mental Capacity Act 2005 s67 & sch 6; Mental Capacity Act 2005 (Commencement No.2) Order 2007 wef 1/10/08
- Health and Social Care Act 2012 sch 5 para 30; Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013/160 art 2 (1/4/13). This removes reference to SHA and PCT. Note sch 1 para 3: 'Section 139 of the Mental Health Act 1983 (protection for acts done in pursuance of this Act) 1 continues to apply to proceedings brought against a Primary Care Trust or Strategic Health Authority before that date, if those proceedings are continued after 31st March 2013.'
- NHS Reform and Health Care Professions Act 2002 (Supplementary, Consequential, etc Provisions) Regulations 2002
- References to Health Authorities Order 2007 para 13(11)
- Health Act 1999 (Supplementary, Consequential, etc Provisions) Order 2000
- Health Authorities Act 1995
- National Health Service (Consequential Provisions) Act 2006 wef 1/3/07
- NHS and Community Care Act 1990
- Health and Social Care (Community Health and Standards) Act 2003
- Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010/976 sch 14 para 28, wef 12/4/10
- Health and Social Care Act 2012 s38; Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013/160 art 2 (1/4/13)
Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 applies this section to articles 2 to 11 of that Order.