Mental Health Act 1983
(as amended)

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Law as at 19/11/11

Part IV contents

56, 57, 58, 58A, 59, 60, 61, 62, 62A, 63, 64

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

For details, see Compulsory treatment.

This section applies to

• any surgical operation for destroying brain tissue or for destroying the functioning of brain tissue (s57(1)(a)), and

• the surgical implantation of hormones for the purpose of reducing male sexual drive (Regulation 16).

Changes made by Mental Health Act 2007

• Responsible Clinician/Approved Clinician replaces Responsible Medical Officer 3/11/08
• Appropriate treatment test replaces treatability test and applies to all patients under long-term detention 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, 16. Medical treatment for patients in hospital, etc (Part 4) — paragraphs 16.16 to 16.23 (and table 16.6)
• Mental Health Act 1983 Code Of Practice for England, 23. Medical treatment under the Act, 24. Treatments subject to special rules and procedures

Law

Treatment requiring consent and a second opinion

57.—(1) This section applies to the following forms of medical treatment for mental disorder—

(a) any surgical operation for destroying brain tissue or for destroying the functioning of brain tissue; and

(b) such other forms of treatment as may be specified for the purposes of this section by regulations made by the Secretary of State.

(2) Subject to section 62 below, a patient shall not be given any form of treatment to which this section applies unless he has consented to it and—

(a) a registered medical practitioner appointed for the purposes of this Part of this Act by [the regulatory authority] (not being the [responsible clinician (if there is one) or the person in charge of the treatment in question]) and two other persons appointed for the purposes of this paragraph by [the regulatory authority] (not being registered medical practitioners) have certified in writing that the patient is capable of understanding the nature, purpose and likely effects of the treatment in question and has consented to it; and

(b) the registered medical practitioner referred to in paragraph (a) above has certified in writing that [it is appropriate for the treatment to be given.]

(3) Before giving a certificate under subsection (2)(b) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment [but, of those persons—

(a) one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and

(b) neither shall be the responsible clinician (if there is one) or the person in charge of the treatment in question.]

(4) Before making any regulations for the purpose of this section the Secretary of State shall consult such bodies as appear to him to be concerned.

Amendments