From 3/11/08, s1 is amended by the MHA 2007. S1 used to state that:

Nothing in subsection (2) above shall be construed as implying that a person may be dealt with under this Act as suffering from mental disorder, or from any form of mental disorder described in this section, by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.

The exceptions for promiscuity, immoral conduct and sexual deviancy no longer apply. The result of this, alongside the removal of the treatability test, is to make it easier to justify the detention of sex offenders in hospital. S1 now only states that:

Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.

(In both cases, subsection (2) contains the definition of mental disorder.)

Related change

Mental disorder no longer split into separate classifications 3/11/08

Commencement

Date in force	Commencement order	MHA 2007 section	MHA 1983 sections affected
3/11/08	Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008	3	s1

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

• Reference Guide to the Mental Health Act 1983, 1. The structure of the Act and basic definitions