Mental Health Act 1983

From Mental Health Law Online

Jump to: navigation, search

Mental Health Act 1983
(as amended)

Law as at 19/11/11

Part I contents

1

All Parts

I, II, III, IV, 4A, V, VI, VIII, IX, X, Schedules

The text of the Mental Health Act 1983 on this site shows the law as amended by the Mental Health Act 2007 and other legislation; some pending amendments are also indicated. See Overview of the MHA 1983 for a summary of the main provisions of the 1983 Act.

Contents

Part I: Application of Act

MHA 1983 s1 - Application of Act: "mental disorder"

Part II: Compulsory Admission to Hospital and Guardianship

Procedure for hospital admission

MHA 1983 s2* - Admission for assessment

MHA 1983 s3* - Admission for treatment

MHA 1983 s4* - Admission for assessment in cases of emergency

MHA 1983 s5* - Application in respect of patient already in hospital

MHA 1983 s6 - Effect of application for admission


Guardianship

MHA 1983 s7 - Application for guardianship

MHA 1983 s8 - Effect of guardianship applications, etc.

MHA 1983 s9 - Regulations as to guardianship

MHA 1983 s10 - Transfer of guardianship in case of death, incapacity, etc., of the guardian


General provisions as to applications and recommendations

MHA 1983 s11 - General provisions as to applications

MHA 1983 s12 - General provisions as to medical recommendations

MHA 1983 s12A - Conflicts of interest

MHA 1983 s13 - [Duty of approved mental health professionals to make applications for admission or guardianship][1]

MHA 1983 s14 - Social reports

MHA 1983 s15 - Rectification of applications and recommendations


Position of patients subject to detention or guardianship

MHA 1983 s16 - Reclassification of patients [repealed][1]

MHA 1983 s17* - Leave of absence from hospital

MHA 1983 s17A - Community treatment orders

MHA 1983 s17B - Conditions

MHA 1983 s17C - Duration of community treatment order

MHA 1983 s17D - Effect of community treatment order

MHA 1983 s17E - Power to recall to hospital

MHA 1983 s17F - Powers in respect of recalled patients

MHA 1983 s17G - Effect of revoking community treatment order

MHA 1983 s18 - Return and readmission of patients absent without leave

MHA 1983 s19* - Regulations as to transfer of patients

MHA 1983 s19A - Regulations as to assignment of responsibility for community patients


[Duration of authority and discharge][1]

MHA 1983 s20* - Duration of authority

MHA 1983 s20A - Community treatment period

MHA 1983 s20B - Effect of expiry of community treatment order

MHA 1983 s21 - Special provisions as to patients absent without leave

MHA 1983 s21A - Patients who are taken into custody or return within 28 days

MHA 1983 s21B - Patients who are taken into custody or return after more than 28 days

MHA 1983 s22 - Special provisions as to patients sentenced to imprisonment, etc.

MHA 1983 s23* - Discharge of patients

MHA 1983 s24 - Visiting and examination of patients

MHA 1983 s25* - restrictions on discharge by nearest relative


After-care under supervision

MHA 1983 s25A, s25B, s25C, s25D, s25E, s25F, s25G, s25H, s25I, s25J - [repealed][1]


Functions of relatives of patients

MHA 1983 s26* - Definition of "relative" and "nearest relative"

MHA 1983 s27 - Children and young persons in care

MHA 1983 s28 - Nearest relative of minor under guardianship, etc.

MHA 1983 s29* - Appointment by court of acting nearest relative

MHA 1983 s30 - Discharge and variation of orders under s29


Supplemental

MHA 1983 s31 - Procedure on applications to county court

MHA 1983 s32 - Regulations for purposes of Part II

MHA 1983 s33 - Special provisions as to wards of court

MHA 1983 s34 - Interpretation of Part II

Part III: Patients Concerned in Criminal Proceedings or under Sentence

Remands to hospital

MHA 1983 s35 - Remand to hospital for report on accused's mental condition

MHA 1983 s36 - Remand of accused person to hospital for treatment


Hospital and guardianship orders

MHA 1983 s37* - Powers of courts to order hospital admission or guardianship

MHA 1983 s38* - Interim hospital orders

MHA 1983 s39 - Information as to hospitals

MHA 1983 s39A - Information to facilitate guardianship orders

MHA 1983 s40 - Effect of hospital orders, guardianship orders and interim hospital orders


Restriction orders

MHA 1983 s41* - Power of higher courts to restrict discharge from hospital

MHA 1983 s42 - Powers of Secretary of State in respect of patients subject to restriction orders

MHA 1983 s43 - Power of magistrates' courts to commit for restriction order

MHA 1983 s44 - Committal to hospital under s43

MHA 1983 s45 - Appeals from magistrates' courts


Hospital and limitation Directions

MHA 1983 s45A - Power of higher courts to direct hospital admission

MHA 1983 s45B - Effect of hospital and limitation directions


Detention during Her Majesty's pleasure

MHA 1983 s46 - Persons ordered to be kept in custody during Her Majesty's pleasure [repealed]


Transfer to hospital of prisoners, etc.

MHA 1983 s47* - Removal to hospital of persons serving sentences of imprisonment, etc.

MHA 1983 s48* - Removal to hospital of other prisoners

MHA 1983 s49* - Restriction on discharge of prisoners removed to hospital

MHA 1983 s50 - Further provisions as to prisoners under sentence

MHA 1983 s51 - Further provisions as to detained persons

MHA 1983 s52 - Further provisions as to persons remanded by magistrates' courts

MHA 1983 s53 - Further provisions as to civil prisoners and persons detained under the [Immigration Acts][2]


Supplemental

MHA 1983 s54 - Requirements as to medical evidence

MHA 1983 s54A - Reduction of period for making hospital orders

MHA 1983 s55 - Interpretation of Part III


Part IV: Consent to Treatment

MHA 1983 s56* - Patients to whom Part IV applies

MHA 1983 s57 - Treatment requiring consent and a second opinion

MHA 1983 s58* - Treatment requiring consent or a second opinion

MHA 1983 s58A - Electro-convulsive therapy, etc.

MHA 1983 s59 - Plans of treatment

MHA 1983 s60 - Withdrawal of consent

MHA 1983 s61 - Review of treatment

MHA 1983 s62 - Urgent treatment

MHA 1983 s62A - Treatment on recall of community patient or revocation of order

MHA 1983 s63 - Treatment not requiring consent

MHA 1983 s64 - Supplementary provisions for Part IV


Part 4A: Treatment of Community Patients Not Recalled to Hospital

MHA 1983 s64A - Meaning of "relevant treatment"

MHA 1983 s64B - Adult community patients

MHA 1983 s64C - Section 64B: supplemental

MHA 1983 s64D - Adult community patients lacking capacity

MHA 1983 s64E - Child community patients

MHA 1983 s64F - Child community patients lacking competence

MHA 1983 s64G - Emergency treatment for patients lacking capacity or competence

MHA 1983 s64H - Certificates: supplementary provisions

MHA 1983 s64I - Liability for negligence

MHA 1983 s64J - Factors to be considered in determining whether patient objects to treatment

MHA 1983 s64K - Interpretation of Part 4A


Part V: Mental Health Review Tribunals

Constitution etc

MHA 1983 s65 - Mental Health Review [Tribunal for Wales][3]


Applications and references concerning Part II patients

MHA 1983 s66* - Applications to tribunals

MHA 1983 s67 - References to tribunals by Secretary of State concerning Part II patients

MHA 1983 s68 - Duty of managers of hospitals to refer cases to tribunal

MHA 1983 s68A - Power to reduce periods under section 68


Applications and references concerning Part III patients

MHA 1983 s69* - Applications to tribunals concerning patients subject to hospital and guardianship orders

MHA 1983 s70* - Applications to tribunals concerning restricted patients

MHA 1983 s71 - References by Secretary of State concerning restricted patients


Discharge of patients

MHA 1983 s72* - Powers of tribunals

MHA 1983 s73* - Power to discharge restricted patients

MHA 1983 s74* - Restricted patients subject to restriction directions

MHA 1983 s75* - Applications and references concerning conditionally discharged restricted patients


General

MHA 1983 s76 - Visiting and examination of patients

MHA 1983 s77 - General provisions concerning tribunal applications

MHA 1983 s78 - Procedure of [Mental Health Review Tribunal for Wales][3]

MHA 1983 s78A - Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal

MHA 1983 s79 - Interpretation of Part V

Part VI: Removal and Return of Patients within UK etc

[Removal to and from Scotland][1]

MHA 1983 s80 - Removal of patients to Scotland

MHA 1983 s80ZA - Transfer of responsibility for community patients to Scotland

MHA 1983 s80A - [Transfer of responsibility for conditionally discharged patients to Scotland][1]

MHA 1983 s80B - Removal of detained patients from Scotland

MHA 1983 s80C - Removal of patients subject to compulsion in the community from Scotland

MHA 1983 s80D - Transfer of conditionally discharged patients from Scotland


Removal to and from Northern Ireland

MHA 1983 s81 - Removal of patients to Northern Ireland

MHA 1983 s81ZA - Removal of community patients to Northern Ireland

MHA 1983 s81A - Transfer of responsibility for patients to Northern Ireland

MHA 1983 s82 - Removal to England and Wales of patients from Northern Ireland

MHA 1983 s82A - [Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland]


Removal to and from Channel Islands and Isle of Man

MHA 1983 s83 - Removal of patients to Channel Islands or Isle of Man

MHA 1983 s83ZA - Removal or transfer of community patients to Channel Islands or Isle of Man

MHA 1983 s83A - [Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man][1]

MHA 1983 s84 - Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man

MHA 1983 s85 - Patients removed from Channel Islands or Isle of Man

MHA 1983 s85ZA - Responsibility for community patients transferred from Channel Islands or Isle of Man

MHA 1983 s85A - [Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man][1]


Removal of aliens

MHA 1983 s86 - Removal of alien patients


Return of patients absent without leave

MHA 1983 s87 - Patients absent from hospitals in Northern Ireland

MHA 1983 s88 - Patients absent from hospitals in England and Wales

MHA 1983 s89 - Patients absent from hospitals in the Channel Islands or Isle of Man


General

MHA 1983 s90 - Regulations for purposes of Part VI

MHA 1983 s91 - General provisions as to patients removed from England and Wales

MHA 1983 s92 - Interpretation of Part VI

Part VII: Management of Property and Affairs of Patients

s93 - s113 - [repealed][4]


Part VIII: Miscellaneous Functions of Local Authorities and the Secretary of State

[Approved mental health professionals][1]

MHA 1983 s114 - [Approval by local social services authority][1]

MHA 1983 s114A - Approval of courses etc for approved mental health professionals

MHA 1983 s115 - Powers of entry and inspection


Visiting patients

MHA 1983 s116 - Welfare of certain hospital patients


After-care

MHA 1983 s117* - After-care


Functions of the Secretary of State

MHA 1983 s118 - Code of practice

MHA 1983 s119 - Practitioners approved for the purposes of Part IV and s118

MHA 1983 s120 - General protection of detained patients

MHA 1983 s120A - Investigation reports

MHA 1983 s120B - Action statements

MHA 1983 s120C - Provision of information

MHA 1983 s120D - Annual reports

MHA 1983 s121 - Mental Health Act Commission [repealed]

MHA 1983 s122 - Provision of pocket money for in-patients in hospital

MHA 1983 s123 - Transfers to and from special hospitals

MHA 1983 s124 - Default powers of Secretary of State

MHA 1983 s125 - Inquiries


Part IX: Offences

MHA 1983 s126 - Forgery, false statements, etc

MHA 1983 s127 - Ill-treatment of patients

MHA 1983 s128 - Assisting patients to absent themselves without leave, etc

MHA 1983 s129 - Obstruction

MHA 1983 s130 - Prosecutions by local authorities


Part X: Miscellaneous and Supplementary

Miscellaneous provisions

MHA 1983 s130A - Independent mental health advocates

MHA 1983 s130B - Arrangements under section 130A

MHA 1983 s130C - Section 130A: supplemental

MHA 1983 s130D - Duty to give information about independent mental health advocates

MHA 1983 s131 - Informal admission of patients

MHA 1983 s131A - Accommodation, etc. for children

MHA 1983 s132 - Duty of managers of hospital to give information to detained patients

MHA 1983 s132A - Duty of managers of hospitals to give information to community patients

MHA 1983 s133 - Duty of managers of hospitals to inform nearest relative of discharge

MHA 1983 s134 - Correspondence of patients

MHA 1983 s135* - Warrant to search for and remove patients

MHA 1983 s136* - Mentally disordered persons found in public places

MHA 1983 s137 - Provisions as to custody, conveyance and detention

MHA 1983 s138 - Retaking of patients escaping from custody

MHA 1983 s139 - Protection for acts done in pursuance of this Act

MHA 1983 s140 - [Notification of hospitals having arrangements for special cases][1]

MHA 1983 s141 - Members of Parliament suffering from mental illness

MHA 1983 s142 - Pay, pensions, etc, of mentally disordered persons [repealed]

MHA 1983 s142A - Regulations as to approvals in relation to England and Wales

MHA 1983 s142B - Delegation of powers of managers of NHS foundation trusts


Supplemental

MHA 1983 s143 - General provisions as to regulations, orders and rules

MHA 1983 s144 - Power to amend local Acts

MHA 1983 s145 - Interpretation

MHA 1983 s146 - Application to Scotland

MHA 1983 s147 - Application to Northern Ireland

MHA 1983 s148 - Consequential and transitional provisions and repeals

MHA 1983 s149 - Short title, commencement and application to Scilly Isles


Schedules

MHA 1983 sched 1 - Application of certain provisions to patients subject to hospital and guardianship orders

MHA 1983 sched 2 - Mental Health Review [Tribunal for Wales][3]

MHA 1983 sched 3 - Enactments disapplied in respect of persons within jurisdiction under Part VII

MHA 1983 sched 4 - Consequential amendments (not scanned)

MHA 1983 sched 5 - Transitional and saving provisions

MHA 1983 sched 6 - Repeals (not scanned)

Amendments etc

  1. 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 Mental Health Act 2007
  2. Nationality, Immigration and Asylum Act 2002
  3. 3.0 3.1 3.2 Transfer of Tribunal Functions Order 2008 wef 3/11/08
  4. Mental Capacity Act 2005

*Some of the most commonly-seen sections are marked with asterisks.

Recommended books