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Drilldown: Legislation

Not many items have been added to the database so far. To see the full list of legislation, go to the Statute law page.

The relevant pages (and summaries) are displayed at the bottom of this page.

Legislation

Showing below up to 126 results in range #1 to #126.

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Page name Type Subject Summary
Access to Health Records Act 1990 UK Public General Act Miscellaneous legislation

"An Act to establish a right of access to health records by the individuals to whom they relate and other persons; to provide for the correction of inaccurate health records and for the avoidance of certain contractual obligations; and for connected purposes."

Access to Justice Act 1999 UK Public General Act Miscellaneous legislation

Preamble: 'An Act to establish the Legal Services Commission, the Community Legal Service and the Criminal Defence Service; to amend the law of legal aid in Scotland; to make further provision about legal services; to make provision about appeals, courts, judges and court proceedings; to amend the law about magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising judicial functions.'

Access to Justice Act 1999 (Destination of Appeals) Order 2000 UK Statutory Instrument Miscellaneous legislation

This Order sets out the general rule that appeals from the county courts other than in family proceedings will lie to the Court rather than to the Court of Appeal, and sets out the exceptions. In force 2/5/00.

Act of Sederunt (Transfer of Judicial Review Applications from the Court of Session) 2008 Scottish Statutory Instrument Tribunal legislation

This states that "an application which challenges a procedural decision or a procedural ruling of the First-tier Tribunal" must be transferred by the (Scottish) Court of Session to the Upper Tribunal.

Administration of Justice Act 1969 UK Public General Act Miscellaneous legislation

Part 2 of the Act deals with 'leapfrog' appeals from the High Court directly to the Supreme Court, skipping out the Court of Appeal: for example, see Dunhill v Burgin [2012] EWHC 3163 (QB), [2012] MHLO 115 in which case a certificate for this was granted by the High Court.

Adoption and Children Act 2002 UK Public General Act Legislation amending MHA 1983

Schedule 3 amends MHA 1983 s28. Schedule 5 repeals Sch 4 para 45 (not reproduced on this site).

Adult Support and Protection (Scotland) Act 2007 Act of the Scottish Parliament Legislation amending MHA 1983

Section 77(2) and sch 2 repeal s142 MHA 1983 (with a saving, for which see the section) and amends s146 MHA 1983. Section 74 repeals s88 and s128, and s77 & sch 2 amends s146, wef 3/11/08 - Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Order 2008, as amended by Adult Support and Protection (Scotland) Act 2007 (Commencement No. 2 and Transitional Provisions) Amendment Order 2008 (which fixes a drafting ambiguity) and by Adult Support and Protection (Scotland) Act 2007 (Commencement No. 3 and Related Amendments) Order 2008 (which changes the implementation date from 1/10/08 to 3/11/08.

Adults with Incapacity (Scotland) Act 2000 Act of the Scottish Parliament Legislation amending MHA 1983

Schedule 6 amends MHA 1983 s110.

Anti-social Behaviour, Crime and Policing Act 2014 UK Public General Act Miscellaneous legislation

Part 10 relates to forced marriage. Preamble: "An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses; to make provision amending the Dangerous Dogs Act 1991, the Police Act 1997, Schedules 7 and 8 to the Terrorism Act 2000, the Extradition Act 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011; to make provision about firearms, about sexual harm and violence and about forced marriage; to make provision about the police, the Independent Police Complaints Commission and the Serious Fraud Office; to make provision about invalid travel documents; to make provision about criminal justice and court fees; and for connected purposes."

Anti-Terrorism, Crime and Security Act 2001 UK Public General Act Miscellaneous legislation

"An Act to amend the Terrorism Act 2000; to make further provision about terrorism and security; to provide for the freezing of assets; to make provision about immigration and asylum; to amend or extend the criminal law and powers for preventing crime and enforcing that law; to make provision about the control of pathogens and toxins; to provide for the retention of communications data; to provide for implementation of Title VI of the Treaty on European Union; and for connected purposes." [Introductory text]

Arbitration Act 1996 UK Public General Act Legislation amending MHA 1983

"An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes." Schedule 3 amends s78 MHA 1983.

Armed Forces Act 1996 UK Public General Act Legislation amending MHA 1983

"An Act to continue the Army Act 1955, the Air Force Act 1955 and the Naval Discipline Act 1957; to amend those Acts and other enactments relating to the armed forces; to make further provision in relation to proceedings before service courts; to provide for the taking of fingerprints and samples from offenders convicted in service proceedings; to amend the Courts-Martial (Appeals) Act 1968; to make further provision in relation to complaints to industrial tribunals by members of the armed forces; to provide for further exemptions from the Firearms Act 1968; to make further provision in relation to Greenwich Hospital; to amend the Visiting Forces Act 1952; and for connected purposes." Schedule 7 repeals MHA 1983 s46.

Armed Forces Act 2006 UK Public General Act Legislation amending MHA 1983

"An Act to make provision with respect to the armed forces; and for connected purposes." Will amend MHA 1983 s47 when in force. [Most likely has done by now: check.]

Assaults on Emergency Workers (Offences) Act 2018 UK Public General Act Other useful legislation

This Act creates: (1) a new either-way offence of assault or battery committed against an emergency worker with a maximum sentence of 12 months, or a fine, or both; (2) a statutory aggravating factor for various offences when committed against an emergency worker. In force 13/11/18.

Care Act 2014 UK Public General Act Legislation amending MHA 1983

Section 75 amends MHA 1983 s117 by: (1) defining 'after-care services'; (2) referring to 'ordinarily resident' (rather than 'resident') and providing for disputes to be resolved by the Secretary of State; (3) permitting regulations to deal with top-up fees for preferred accommodation.

Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 UK Statutory Instrument Legislation amending MHA 1983

Paragraph 29 of the Schedule amends s135(6).

Care Quality Commission (Additional Functions) Regulations 2009 UK Statutory Instrument Miscellaneous legislation

These Regulations give the Care Quality Commission functions, previously exercised by the MHAC, in relation to reviewing decisions to withhold items brought to high secure hospitals, internal post in high secure hospitals and decisions to record or monitor telephone calls in high secure hospitals.

Care Standards Act 2000 UK Public General Act Legislation amending MHA 1983

Schedule 4 para 9 amends s12(3), s23(3), s24(3), s34, s46(1), s64(1), s116(1), s118(1), s119(2), s120(1) and (4), s121, s127(1), s131(1), s132(1), (2) and (4), s133(1), s135(6) and s145(1). Schedule 6 partially repeals s145(1).

Children Act 1989 UK Public General Act Legislation amending MHA 1983

"An Act to reform the law relating to children; to provide for local authority services for children in need and others; to amend the law with respect to children's homes, community homes, voluntary homes and voluntary organisations; to make provision with respect to fostering, child minding and day care for young children and adoption; and for connected purposes." Section 108(5) and Schedule 13 para 48 of this Act replace s27 and amend s28 and s131 MHA 1983. Schedule 15 partially repeals s26 MHA 1983.

Children Act 1989 (Consequential Amendment of Enactments) Order 1991 UK Statutory Instrument Legislation amending MHA 1983

"Article 3 amends section 26 of the Mental Health Act 1983 (Definition of "relative" and "nearest relative") to include in the definition of "relative" for the purposes of Part II of that Act (Compulsory admission to hospital and guardianship functions of relatives of patients) a father who has acquired parental responsibility for a child although he was not married to the child's mother at the time of the child's birth." Article 3 of this Order amends s26 MHA 1983.

Children Act 2004 UK Public General Act Legislation amending MHA 1983

Schedule 5 Part 4 partially repeals MHA 1983 s14.

Civil Contingencies Act 2004 UK Public General Act Miscellaneous legislation

This legislation is not directly relevant to mental health law, but is included here because it is referred to in some resources concerning the coronavirus pandemic.

Civil Legal Aid (Financial Resources and Payment for Services) Regulations 2013 UK Statutory Instrument Legal Aid legislation

Financial eligibility for Legal Aid. In force 1/4/13.

Civil Legal Aid (Remuneration) (Amendment) Regulations 2013 UK Statutory Instrument Legal Aid legislation

These regulations, among other things, amend the Civil Legal Aid (Remuneration) Regulations 2013 so as to reduce by 20% the maximum hourly rates payable to experts in civil cases. New rates include psychiatrists at £108 and psychologists at £93.60 per hour. In force 2/12/13 (i.e. it applies where the relevant legal aid form is signed and dated, or an emergency application is granted under delegated functions, on or after 2/12/13).

Civil Legal Aid (Remuneration) Regulations 2013 UK Statutory Instrument Legal Aid legislation

Payment rates for legal fees and independent experts. No change to MH legal fees. Some changes to independent expert maximum hourly rates, including: (a) psychiatrist is £135 in any area (previously £90 in London); (b) psychologist is £117 in any area (previously £90 in London). The previous rates continue to apply to cases started after 3/10/11 but before 1/4/13. In force 1/4/13. Note that these fees were subsequently reduced by the Civil Legal Aid (Remuneration) (Amendment) Regulations 2013/2877.

Civil Partnership Act 2004 UK Public General Act Legislation amending MHA 1983

"The purpose of the Civil Partnership Act is to enable same-sex couples to obtain legal recognition of their relationship by forming a civil partnership." Schedule 27 para 86, under s261, amends s12 and s25C MHA 1983.

Civil Procedure (Amendment No. 3) Rules 2006 UK Statutory Instrument Court procedure legislation

These Rules, among other things, revoke CCR Order 49 Rule 12 which related to nearest relative applications. See Civil Procedure (Amendment) Rules 2005 for details and links.

Civil Procedure (Amendment) Rules 2005 UK Statutory Instrument Court procedure legislation

These Rules amend the Civil Procedure Rules by enabling a patient to be made a respondent to a s29 nearest relative displacement application. In force 4/4/05. The amended Rule (CCR Order 49 rule 12) was revoked on 6/4/07 but a similar position is retained in CPR PD8A para 18.3 which states: "(1) the nearest relative must be made a respondent, unless (a) the application is made on the grounds that the patient has no nearest relative or that it is not reasonably practicable to ascertain whether he has a nearest relative; or (b) the court orders otherwise; and (2) the court may order that any other person shall be made a respondent."

Civil Procedure Rules 1998 UK Statutory Instrument Court procedure legislation

The Civil Procedure Rules are used by the civil courts in England and Wales.

Community Legal Service (Financial) (Amendment) Regulations 2009 UK Statutory Instrument Legal Aid legislation

These Regulations increase the financial eligibility limits for civil legal aid and ensure the non-means-tested provision of legal representation in certain ‘deprivation of liberty’ cases (s21A appeals). In force 1/4/09 (DOL funding) and 6/4/09 (uprating).

Constitutional Reform Act 2005 UK Public General Act Legislation amending MHA 1983

Schedule 1 Part 2 amends s108 and s143 MHA 1983. Schedule 3 para 4 amends s93. Schedule 4 amends s93, s94, s96, s104, s105, s108, s111, Sched 2. Schedule 18 Part 2 amends s94(1), s96(3), s104(3), s105(2), s111 and Sched 2

Coronavirus Act 2020 UK Public General Act Legislation amending MHA 1983 Coronavirus legislation

This Act, among other things, amends the MHA 1983 in light of the coronavirus pandemic. The Act is in force on 25/3/20, although s10 and schedules 8-11 (amendments to the MHA and NI/Scottish equivalents) will commence on a date to be specified in regulations. The paragraphs of schedule relating to "Constitution and proceedings of the Mental Health Review Tribunal for Wales" came into force on 27/3/20.

Coronavirus Act 2020 (Commencement No 1) (Wales) Regulations 2020 Wales Statutory Instrument Commencement orders Coronavirus legislation

This brings into force: (1) paragraphs 11, 12 and 13 of schedule 8, removing the need for three panel members and making other changes to MHRT for Wales procedure, on 27/3/20; (2) some of schedule 12, removing and modifying certain duties under the Social Services and Well-being (Wales) Act 2014, on 1/4/20.

Courts and Legal Services Act 1990 UK Public General Act Legislation amending MHA 1983

Schedule 10 amends MHA 1983 s102. Schedule 16 amends MHA 1983 s116.

Crime (Sentences) Act 1997 UK Public General Act Legislation amending MHA 1983

"An Act to make further provision with respect to the treatment of offenders; and for connected purposes."

Crime and Disorder Act 1998 UK Public General Act Legislation amending MHA 1983

Schedule 8 para 54 amends MHA 1983 s37. Schedule 10 repeals s50(3A) - by repealing Crime (Sentences) Act 1997 Schedule 4 paragraph 12(4).

Criminal Justice Act 1991 UK Public General Act Legislation amending MHA 1983

"An Act to make further provision with respect to the treatment of offenders and the position of children and young persons and persons having responsibility for them; to make provision with respect to certain services provided or proposed to be provided for purposes connected with the administration of justice or the treatment of offenders; to make financial and other provision with respect to that administration; and for connected purposes." Section 27 of this Act inserts s39A and s54A, and amends s143 MHA 1983. Schedule 13, under section 101, repeals part of s50(3) MHA 1983.

Criminal Justice Act 2003 UK Public General Act Legislation amending MHA 1983 Miscellaneous legislation

This legislation, amongst other things, (1) made amendments to the MHA 1983, and (2) states that the victim surcharge does not apply when the court makes an order under the Mental Health Act 1983.

Criminal Justice and Courts Services Act 2000 UK Public General Act Legislation amending MHA 1983

"An Act to establish a National Probation Service for England and Wales and a Children and Family Court Advisory and Support Service; to make further provision for the protection of children; to make further provision about dealing with persons suspected of, charged with or convicted of offences; to amend the law relating to access to information held under Part III of the Road Traffic Act 1988; and for connected purposes." Schedule 7 Part 2 amends s48 and s134 MHA 1983. Schedule 8 partially repeals s48(2)(a) MHA 1983.

Criminal Justice and Immigration Act 2008 UK Public General Act Legislation amending MHA 1983

Sch 26 para 8, and sch 4 para 30, amend MHA 1983 s37. Sch 8 paras 7-9 make amendments to the Criminal Appeal Act 1968 relating to interim hospital orders under s38. Sch 28 part 3 repeals MHA 1983 sch 4 para 23(d)(ii). These amendments take effect on 14/7/08 - Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008. Sch 28 part 1 will make further amendments to s37 when in force. Sections 119-122 relate to Nuisance or disturbance on hospital premises, some of which comes into force on 1/1/09.

Criminal Justice and Immigration Act 2008 (Commencement No. 5) Order 2008 UK Statutory Instrument Commencement orders

Commencement order for Criminal Justice and Immigration Act 2008.

Criminal Justice and Public Order Act 1994 UK Public General Act Legislation amending MHA 1983

"An Act to make further provision in relation to criminal justice (including employment in the prison service); to amend or extend the criminal law and powers for preventing crime and enforcing that law; to amend the Video Recordings Act 1984; and for purposes connected with those purposes." (Schedule 4 would have amended MHA 1983 s52, but it was repealed by Criminal Procedure and Investigations Act 1996 s44.) Schedule 10 para 51, under s168, amends s51(4) MHA 1983.

Data Protection Act 1998 UK Public General Act Other useful legislation

Data protection legislation

Domestic Violence Crime and Victims Act 2004 UK Public General Act Legislation amending MHA 1983 Other useful legislation

This Act amends the MHA 1983, CPIA 1964 etc.

Family Law Act 1996 UK Public General Act Legislation amending MHA 1983

From 25/11/08, s1 Forced Marriage (Civil Protection) Act 2007 inserts s64L, which applies MHA 1983 s35, into the Family Law Act 1996.

First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 UK Statutory Instrument Tribunal legislation

This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007 organises and sets out the functions of the various new Tribunal chambers. Revoked by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010.

First-tier Tribunal and Upper Tribunal (Chambers) Order 2010 UK Statutory Instrument Tribunal legislation

This repealed the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008 and was subsequently itself amended.

Forced Marriage (Civil Protection) Act 2007 UK Public General Act Legislation amending MHA 1983

From 25/11/08, s1 of this Act inserts s64L, which applies MHA 1983 s35, into the Family Law Act 1996.

Government of Wales Act 1998 UK Public General Act Legislation amending MHA 1983

Schedule 12 amends s134 and s141 MHA 1983.

Government of Wales Act 2006 UK Public General Act Legislation amending MHA 1983

This Act amends MHA 1983 s141 wef 25/07/2006

Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 UK Statutory Instrument Legislation amending MHA 1983

Schedule 1 para 18 amends MHA 1983 s134 wef 1/5/07

Health Act 1999 UK Public General Act Legislation amending MHA 1983

"An Act to amend the law about the national health service; make provision in relation to arrangements and payments between health service bodies and local authorities with respect to health and health-related functions; confer power to regulate any professions concerned (wholly or partly) with the physical or mental health of individuals; and for connected purposes." Schedule 4 para 65ff amends s122, s123, s134 and s145 MHA 1983. Schedule 5 partially repeals s122, s123 and s145 MHA 1983.

Health Act 1999 (Supplementary, Consequential, etc Provisions) Order 2000 UK Statutory Instrument Legislation amending MHA 1983

"This Order makes amendments to certain enactments, and related provision, consequential upon provisions of the Health Act 1999 ("the Act") concerning Primary Care Trusts and high security psychiatric services." Schedule 1 para 16 amends s12, s19, s23, s24, s32, s134, s139 and s145 MHA 1983.

Health Act 2009 UK Public General Act Legislation amending MHA 1983

"An Act to make provision about The NHS Constitution; to make provision about health care (including provision about the National Health Service and health bodies); to make provision for the control of the promotion and sale of tobacco products; to make provision about the investigation of complaints about privately arranged or funded adult social care; and for connected purposes."

Health and Social Care (Community Health and Standards) Act 2003 UK Public General Act Legislation amending MHA 1983

Schedule 4 para 50ff amends s12, s19, s23, s24, s32, s139 and s145.

Health and Social Care Act 2001 UK Public General Act Legislation amending MHA 1983

Schedule 4 para 6 amends s134 MHA 1983.

Health and Social Care Act 2008 (Commencement No 9, Consequential Amendments and Transitory, Transitional and Saving Provisions) Order 2009 UK Statutory Instrument Legislation amending MHA 1983

These Regulations relate to the dissolution of the Commission for Healthcare Audit and Inspection (CHAI), the Commission for Social Care Inspection (CSCI) and the Mental Health Act Commission (MHAC), and the creation of the Care Quality Commission. In force 1/4/09 (except for two minor amendments in force on 6/4/09).

Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 UK Statutory Instrument Legislation amending MHA 1983

This Order makes amendments to primary legislation, including the MHA 1983, consequential on the replacement, for England, of the registration of health and social care providers under Part 2 of the Care Standards Act 2000 with the new registration system under Part 1 of the Health and Social Care Act 2008. Amends s24, s34, s119 and s145. In force 1/10/10.

Health and Social Security Act 1984 UK Public General Act Legislation amending MHA 1983

Section 6 amends MHA 1983 s121.

Health Authorities Act 1995 UK Public General Act Legislation amending MHA 1983

"An Act to abolish Regional Health Authorities, District Health Authorities and Family Health Services Authorities, require the establishment of Health Authorities and make provision in relation to Health Authorities and Special Health Authorities and for connected purposes." Schedule 1 para 107 amends s23, s24, s32, s39, s65, s79, s117, s121, s134, s139, s140, s143 and s145 MHA 1983. Schedule 2 para 15 relates to s65 MHA 1983. Schedule 3 repeals s39(2), sched 4 para 47(f) and sched 5 para 46.

Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (Commencement No 1 and Transitional Provisions) Order of Council 2009 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - DOLS

Yes, that is the real name. Among other over-complicated things, transitional arrangements relating to psychologist AMHPs and BIAs come into force on 1/7/09. Until 30/6/12, they can either be chartered psychologists (registered by the BPS) or psychologists registered by the HPC. It is expected that before the end of the transitional period the legislation will be amended to refer only to those registered by the HPC.

Health Protection (Coronavirus) Regulations 2020 UK Statutory Instrument Coronavirus legislation

The explanatory note states: "These Regulations supplement the health protection regime found in Part 2A of the Public Health (Control of Disease) Act 1984 in the event that there exists a serious and imminent threat to public health from the virus known as 'Wuhan novel coronavirus (2019-nCoV)'."

Human Rights Act 1998 UK Public General Act Other useful legislation

"An Act to give further effect to rights and freedoms guaranteed under the European Convention on Human Rights; to make provision with respect to holders of certain judicial offices who become judges of the European Court of Human Rights; and for connected purposes."

Inquiries Act 2005 UK Public General Act Legislation amending MHA 1983

"An Act to make provision about the holding of inquiries." Schedule 3 repeals MHA 1983 s125.

Judicial Pensions and Retirement Act 1993 UK Public General Act Legislation amending MHA 1983

Schedule 6 amends MHA 1983 sched 2.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 UK Public General Act Legislation amending MHA 1983

This legislation amends MHA 1983 s37 (amongst other things...)

Legal Services Act 2007 UK Public General Act Legislation amending MHA 1983

When in force, this Act amends the MHA 1983, mainly by replacing references to "counsel" and "solicitor" with "authorised person" (and defining that term).

Local Government and Public Involvement in Health Act 2007 UK Public General Act Legislation amending MHA 1983

Sch 18 pt 18 repeals the words “, a Patients' Forum” in s134(3)(e) wef 30/6/08 - Local Government and Public Involvement in Health Act 2007 (Commencement No.4) Order 2008

Mental Capacity (Deprivation of Liberty: Appointment of Relevant Person's Representative) (Amendment) Regulations 2008 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - DOLS

In force 3/11/08.

Mental Capacity Act 2005 (Commencement No.1) (Amendment) Order 2006 UK Statutory Instrument Mental Capacity Act 2005 commencement orders Commencement orders

This commencement order relates to the Mental Capacity Act 2005.

Mental Capacity Act 2005 (Commencement No.1) (England and Wales) Order 2007 UK Statutory Instrument Mental Capacity Act 2005 commencement orders

SI 563/2007 is the second commencement order under the Mental Capacity Act 2005

Mental Capacity Act 2005 (Commencement No.1) Order 2006 UK Statutory Instrument Mental Capacity Act 2005 commencement orders

SI 2006/2814 is the first commencement order under the Mental Capacity Act 2005.

Mental Capacity Act 2005 (Commencement No.2) Order 2007 UK Statutory Instrument Mental Capacity Act 2005 commencement orders

SI 1897/2007 is the fourth commencement order under the Mental Capacity Act 2005

Mental Capacity Act 2005 (Commencement) (Wales) Order 2007 UK Statutory Instrument Mental Capacity Act 2005 commencement orders

SI 856/2007 is the third commencement order under the Mental Capacity Act 2005.

Mental Capacity Act 2005 (Transitional and Consequential Provisions) Order 2007 UK Statutory Instrument Mental Capacity Act 2005 commencement orders

In force 1/10/07.

Mental Health (Amendment) Act 1994 UK Public General Act Legislation amending MHA 1983

"An Act to amend section 145(1) of the Mental Health Act 1983." This Act amends s145 MHA 1983. Repealed by Statute Law (Repeals) Act 2004.

Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 UK Statutory Instrument Legislation amending MHA 1983 Scottish legislation

Article 12 applies MHA 1983 s139 to articles 2 to 11 of the Order. Schedule 1 amends s69, s79, s80, s88, s90, s91, s92 and s135 MHA 1983. Schedule 3 repeals s25J(1), s80(2) to (6), s80A(2) and (3), and part of s116.

Mental Health (Northern Ireland Consequential Amendments) Order 1986 UK Statutory Instrument Legislation amending MHA 1983 Northern Irish legislation

This Order amends s81, s82, s86, s88 and s110 MHA 1983.

Mental Health (Northern Ireland) (Amendment) Order 2018 UK Statutory Instrument Northern Irish legislation

This Order amends Article 77 (power to discharge patients other than restricted patients) of the Mental Health (Northern Ireland) Order 1986. The pre-existing situation "could have [had] the effect that a patient who is detainable for assessment, in accordance with Article 4, is discharged before the assessment period is completed even if they meet the criteria for detention assessment (but not the criteria the Tribunal must use)" (para 6.7 of explanatory memorandum).

Mental Health (Patients in the Community) (Transfers from Scotland) Regulations 1996 UK Statutory Instrument Legislation amending MHA 1983

"These Regulations prescribe modifications to sections 25A to 25I and other provisions of the Mental Health Act 1983 to enable patients who are subject to community care orders made under the Mental Health (Scotland) Act 1984, and who wish to move to England or Wales, to become subject to after-care under supervision (regulation 2 and the Schedule). Community care orders and after-care under supervision were introduced by the Mental Health (Patients in the Community) Act 1995 which amends the Mental Health Act 1983 and the Mental Health (Scotland) Act 1984." The Schedule modifies the following MHA 1983 sections insofar as they apply to the above-mentioned patients: s25A, s25B, s25C, s25D, s25G, s72 and s76.

Mental Health (Patients in the Community) Act 1995 UK Public General Act Legislation amending MHA 1983

"An Act to make provision for certain mentally disordered patients in England and Wales to receive after-care under supervision after leaving hospital; to provide for the making of community care orders in the case of certain mentally disordered patients in Scotland; to amend the law relating to mentally disordered patients absent without leave or on leave of absence from hospital; and for connected purposes."

Mental Health (Scotland) Act 1984 UK Public General Act Legislation amending MHA 1983 Scottish legislation

This Act replaced references to the Mental Health (Scotland) Act 1960 with references to itself, but these amendments have been replaced by the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005.

Mental Health Act 1959 UK Public General Act Other useful legislation

Precursor to Mental Health Act 1983.

Mental Health Act 1983 (Remedial) Order 2001 UK Statutory Instrument Legislation amending MHA 1983

Article 3 amends s72 MHA 1983. Article 4 amends s73.

Mental Health Act 2007 UK Public General Act Mental Health Act 2007 Legislation amending MHA 1983

For an overview of the Mental Health Act 2007, see Mental Health Act 2007 Overview. That page contains details of all the changes made by the new Act and the related secondary legislation. The 2007 Act is an amending Act so cannot easily be read on its own.

Mental Health Act 2007 (Commencement No. 2) Order 2007 UK Statutory Instrument Mental Health Act 2007 commencement orders Mental Capacity Act 2005 commencement orders

Official explanatory note: "This Order is the second commencement order made under the Mental Health Act 2007 and brings into force section 51 of that Act in relation to England and Wales. Section 51 makes a minor amendment to MCA 2005 s20(11)(a). It replaces the word “or” with “and”." In force 1/10/07.

Mental Health Units (Use of Force) Act 2018 UK Public General Act Other useful legislation

Preamble: "An Act to make provision about the oversight and management of the appropriate use of force in relation to people in mental health units; to make provision about the use of body cameras by police officers in the course of duties in relation to people in mental health units; and for connected purposes." Royal assent: 1/11/18. The power to make regulations (s16) came into force when the Act was passed, and regulations will set out when the remainder comes into force.

National Health Service (Consequential Provisions) Act 2006 UK Public General Act Legislation amending MHA 1983

Sched 1 this Act amends MHA 1983 s12, s19 and s23, s121, s122, s134, s139, s141, s145, and Sched 4 repeals MHA 1983 sched 4 para 47, with effect from 1/3/07. It also amends MCA 2005 s38.

Nationality, Immigration and Asylum Act 2002 UK Public General Act Legislation amending MHA 1983

Section 62 amends s48 and the heading of s53 MHA 1983.

NHS and Community Care Act 1990 UK Public General Act Legislation amending MHA 1983 Other useful legislation

Schedule 9 para 24 (under s66) of this Act amends s12, s19, s23, s24, s32, s117, s139, s140 and s145 MHA 1983. Schedule 10 repeals s124 and partially repeals s135 MHA 1983.

NHS Reform and Health Care Professions Act 2002 UK Public General Act Legislation amending MHA 1983

Section 19 amends s134 MHA 1983. Schedule 2 para 42ff amends s25A, s25C, s25F, s39, s117, s140 and s145.

NHS Reform and Health Care Professions Act 2002 (Supplementary, Consequential, etc Provisions) Regulations 2002 UK Statutory Instrument Legislation amending MHA 1983

Various amendments to the MHA 1983.

Northern Ireland Act 1998 UK Public General Act Legislation amending MHA 1983 Northern Irish legislation

Schedule 13 amends s134 and s141 MHA 1983.

Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 UK Statutory Instrument Legislation amending MHA 1983

'This Order amends certain statutory provisions and makes other provision in consequence of, or for giving full effect to, the Northern Ireland Act 1998 (Amendment of Schedule 3) Order 2010. That Order amends Schedule 3 to the Northern Ireland Act 1998 so that certain policing and justice matters (as defined in section 4(6) of the 1998 Act) cease to be reserved matters and become transferred matters.' (extract from explanatory note) Amends MHA 1983 s82, s82A, s86 and s139.

Offender Management Act 2007 (Consequential Amendments) Order 2008 UK Statutory Instrument Legislation amending MHA 1983

Sch 1 para 7(2) of 2008 SI 1210 amends s134(3)(e) (correspondence of patients) wef 1/4/08. Also amended is sch 6 MHA 2007 (which itself amends the DVCVA 2004). Also amended is Criminal Procedure (Insanity) Act 1964

Parole Board Rules 2019 UK Statutory Instrument Court procedure legislation

The Gov.uk website lists the following as significant changes: (1) IPP licence termination; (2) New powers to release any prisoner on the papers; (3) Third party directions; (4) Appointing representatives; (5) Non-disclosure applications; (6) Decision on the papers after a case has been sent to oral hearing; (7) Decision summaries; (8) Reconsideration mechanism. Supersedes the Parole Board Rules 2016 (though those rules apply for parole reviews referred before 22/7/19).

Police (Northern Ireland) Act 2000 UK Public General Act Legislation amending MHA 1983 Northern Irish legislation

Section 78 amends MHA 1983 s88.

Police and Criminal Evidence Act 1984 UK Public General Act Legislation amending MHA 1983

Amends s135. Code C is relevant to s135 and s136.

Policing and Crime Act 2017 UK Public General Act Legislation amending MHA 1983

Chapter 4 (sections 80-83) of this Act amended MHA 1983 s135 (Warrant to search for and remove patients), s136 (Removal etc of mentally disordered persons without a warrant) and s138 (Retaking of patients escaping from custody), and added new s136A (Use of police stations as places of safety), s136B (Extension of detention) and s136C (Protective searches). In force 11/12/17. The text of the Act on MHLO has been updated accordingly (note that there are errors on the Legislation.gov.uk website: some of the old text has not been deleted).

Postal Services Act 2000 UK Public General Act Legislation amending MHA 1983

Schedule 8 Part 2 amends s134. Schedule 9 partially repeals s134(9).

Postal Services Act 2011 UK Public General Act Legislation amending MHA 1983

'An Act to make provision for the restructuring of the Royal Mail group and about the Royal Mail Pension Plan; to make new provision about the regulation of postal services, including provision for a special administration regime; and for connected purposes.' (preamble) Amends MHA 1983 s134.

Powers of Criminal Courts (Sentencing) Act 2000 UK Public General Act Legislation amending MHA 1983

Schedule 9 amends s37 and s43 MHA 1983.

Primary Care Trusts (Functions) (England) Amendment Regulations 2002 UK Statutory Instrument Legislation amending MHA 1983

SI 2002/555 amends Primary Care Trusts (Functions) (England) Regulations 2000 insofar as those Regulations mention MHA 1983 s12.

Prison Act 1952 UK Public General Act Miscellaneous legislation

Preamble: "An Act to consolidate certain enactments relating to prisons and other institutions for offenders and related matters with corrections and improvements made under the Consolidation of Enactments (Procedure) Act 1949."

Public Services Ombudsman (Wales) Act 2005 UK Public General Act Legislation amending MHA 1983

Schedule 7 partially repeals s134.

Public Trustee and Administration of Funds Act 1986 UK Public General Act Legislation amending MHA 1983

Section 2 of this Act amends s94 and s111.

Qualifications for Appointment of Members to the First-tier Tribunal and Upper Tribunal Order 2008 UK Statutory Instrument Tribunal legislation

Qualification for appointment.

References to Health Authorities Order 2007 Wales Statutory Instrument Legislation amending MHA 1983

Paragraph 13 amends MHA 1983 s23, s24, s25A, s25C, s25F, s32, s39, s117, s134, s139, s140 and s145. Extent: Wales only.

Registered Homes Act 1984 UK Public General Act Legislation amending MHA 1983

Schedule 1 amends s24, s34 and s145 MHA 1983. Schedule 3 repeals s120(5) and sched 4 para 43. Act repealed by Care Standards Act 2000.

Rehabilitation of Offenders Act 1974 UK Public General Act Other useful legislation

Under this Act, as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, a hospital order (with or without a restriction order) is a "relevant order" (s5(8)) and so the rehabilitation period ends on "[t]he day provided for by or under the order as the last day on which the order is to have effect" (s5(2)). The Act goes on to say: "Where no provision is made by or under a ... relevant order for the last day on which the order is to have effect, the rehabilitation period for the order is to be the period of 24 months beginning with the date of conviction."

Representation of the People Act 1983 UK Public General Act Miscellaneous legislation

This Act deals with, among other things, voting rights for detained patients.

Scotland Act 1998 UK Public General Act Legislation amending MHA 1983 Scottish legislation

Schedule 8 amends MHA 1983 s141.

Scotland Act 1998 (Consequential Modifications) (No 2) Order 1999 UK Statutory Instrument Legislation amending MHA 1983 Scottish legislation

Schedule 2 para 71 amends s134 and s142 MHA 1983.

Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 UK Statutory Instrument Legislation amending MHA 1983

Article 9 amends MHA 1983 s134.

Social Services and Well-being (Wales) Act 2014 Act of the National Assembly for Wales Other useful legislation

"An Act of the National Assembly for Wales to reform social services law; to make provision about improving the well-being outcomes for people who need care and support and carers who need support; to make provision about co-operation and partnership by public authorities with a view to improving the well-being of people; to make provision about complaints relating to social care and palliative care; and for connected purposes."

Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 UK Statutory Instrument Legislation amending MHA 1983

Regulation 37 amends s135(6).

Statute Law (Repeals) Act 1993 UK Public General Act Legislation amending MHA 1983

"An Act to promote the reform of the statute law by the repeal, in accordance with recommendations of the Law Commission and the Scottish Law Commission, of certain enactments which (except in so far as their effect is preserved) are no longer of practical utility, and to make other provision in connection with the repeal of those enactments; and to correct a mistake in the Statute Law (Repeals) Act 1978." Schedule 1 Part XIV, under s1, repeals part of s145 MHA 1983.

Statute Law (Repeals) Act 1998 UK Public General Act Legislation amending MHA 1983

Schedule 1 Part IV partially repeals MHA 1983 sched 3.

Statute Law (Repeals) Act 2004 UK Public General Act Legislation amending MHA 1983

Schedule 1 Part 17 Group 8 partially repeals s48, s149, sched 3, sched 4 and sched 5 MHA 1983. It also repeals the Mental Health (Amendment) Act 1994.

Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 UK Statutory Instrument Legislation amending MHA 1983 Tribunal legislation

This Order amends s77 so that withdrawn First-tier Tribunal (Mental Health) applications can be remade, and adds new para 5 to MHA 1983 sched 2 so that members of the English Tribunal can hear cases in the Welsh Tribunal. In force 1/6/09.

Transfer of Tribunal Functions Order 2008 UK Statutory Instrument Tribunal legislation Legislation amending MHA 1983

This order, which came into force on 3/11/08, made under the Tribunals, Courts and Enforcement Act 2007, amongst other things, transferred functions to the newly-created First-tier Tribunal and Upper Tribunal.

Tribunal Procedure (Coronavirus) (Amendment) Rules 2020 UK Statutory Instrument Coronavirus legislation

Rule 2 amends the MHT's rules: (1) new power in new rule 5A to dispose of proceedings without hearing if the matter is urgent, it is not reasonably practicable to hold a hearing (including a remote hearing) and it is in the interests of justice to do so. (2) section 2 hearings to start within 10 days rather than 7 days, with an explicit power to ignore this deadline if the tribunal considers it "not reasonably practicable". In force 10/4/20. These rules will expire on the same day as section 55(b) of the Coronavirus Act 2020 (public participation in proceedings conducted by video or audio). (3) A further change, relating to public/private hearings is inserted into the part of the HESC rules which do not apply to mental health cases.

Violent Crime Reduction Act 2006 UK Public General Act Legislation amending MHA 1983

Schedule 1 para 2 (and Schedule 5) amend MHA 1983 s37.

Violent Crime Reduction Act 2006 (Commencement No 2) Order 2007 UK Statutory Instrument Legislation amending MHA 1983

Brings into force the parts of Violent Crime Reduction Act 2006 which amend the MHA 1983, on 6/4/07.

Welsh Ministers (Transfer of Functions) Order 2008 UK Statutory Instrument Legislation amending MHA 1983

With effect from 10/7/08, the functions under MHA 1983 s86, so far as exercisable in relation to Wales, are transferred to the Welsh Ministers - except in relation to a patient who is subject to one or more of: (i) a restriction order made under s41; (ii) a hospital direction made under s45A(3)(a); (iii) a limitation direction made under s45A(3)(b); (iv) a restriction direction made under s49.

Youth Justice and Criminal Evidence Act 1999 UK Public General Act Legislation amending MHA 1983

"An Act to provide for the referral of offenders under 18 to youth offender panels; to make provision in connection with the giving of evidence or information for the purposes of criminal proceedings; to amend section 51 of the Criminal Justice and Public Order Act 1994; to make pre-consolidation amendments relating to youth justice; and for connected purposes." Schedule 4 amends MHA 1983 s37(8).

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