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LEGISLATION On this page you can browse all 651 pieces of legislation.

Legislation

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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 1960 UK Public General Act Other useful legislation

"An Act to make further provision for appeals to the House of Lords in criminal cases; to amend the law relating to contempt of court, habeas corpus and certiorari; and for purposes connected with the matters aforesaid."

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]

Appeals from the Upper Tribunal to the Court of Appeal Order 2008 UK Statutory Instrument Tribunal legislation

This Order, which came into force on 3/11/08, states that permission to appeal to the Court of Appeal shall not be granted unless the Upper Tribunal (or, where the Upper Tribunal refuses permission, the relevant appellate court) considers that (a) the proposed appeal would raise some important point of principle or practice; or (b) there is some other compelling reason for the relevant appellate court to hear the appeal.

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 and Support (Disputes between Local Authorities) Regulations 2014 UK Statutory Instrument Miscellaneous legislation

"These Regulations set out the procedures to be followed when disputes arise between local authorities regarding a person’s ordinary residence under Part 1 of the Care Act 2014, or about the application of sections 37 (continuity of care and support – notification and assessment) or 48 (provider failure – temporary duty on local authority) of that Act. By virtue of section 117(4)(a) of the Mental Health Act 1983, the procedures applying to disputes regarding a person’s ordinary residence under Part 1 of the Care Act 2014 also apply to disputes between local authorities about a person’s ordinary residence for the purposes of section 117 of the Mental Health Act."

Care Bill 2013-14 Other Bill

Among other things, the Care Bill would amend MHA 1983 s117 by including a definition of 'after-care services'.

Care Planning, Placement and Case Review (England) (Amendment) Regulations 2021 UK Statutory Instrument Miscellaneous legislation

These regulations insert new regulation 27A (Prohibition on placing a child under 16 in other arrangements) into the Care Planning, Placement and Case Review (England) Regulations 2010.

Care Planning, Placement and Case Review (England) Regulations 2010 UK Statutory Instrument Miscellaneous legislation

"These Regulations make provision about care planning for looked after children (i.e. children who are looked after by a local authority (LA), whether or not they are in the care of the LA by virtue of a care order), and associated matters." (extract from Explanatory Note)

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 Quality Commission (Additional Functions) Regulations 2011 UK Statutory Instrument Miscellaneous legislation

In force 1/8/11.

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

Of particular relevance is regulation 17, "Notification of death or unauthorised absence of a service user who is detained or liable to be detained under the Mental Health Act 1983". In force 1/4/10.

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.

Civil Proceedings Fees (Amendment) Order 2011 UK Statutory Instrument Miscellaneous legislation

This Order increases certain fees in the Court of Appeal, High Court and county courts. For convenience, the full schedule of fees (whether increased or unchanged) is set out in the Order. In force 4/4/11.

Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 UK Statutory Instrument Miscellaneous legislation

These Regulations extend the scope of direct payments to include adults lacking capacity to consent to them and lift a number of exclusions previously placed upon individuals subject to mental health legislation and provisions of criminal justice legislation relating to mental disorder. They revoke and replace the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2003. In force 9/11/09.

Community Legal Service (Financial) (Amendment No 2) Regulations 2009 UK Statutory Instrument Legal Aid legislation

In force 6/8/09. These Regulations make it clear that in assessing whether a person is, or is any longer, financially eligible, the LSC must be satisfied that the person is not only in receipt of the benefits but also entitled to them.

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).

Community Legal Service (Funding) (Amendment No.2) Order 2011 UK Statutory Instrument Legal Aid legislation

This order, amongst other things, reduces the Legal Aid rates for mental health law (and other civil work) by 10%: the old and new fees are set out in Legal Aid#Payments. It also introduces maximum payments for experts: for instance, psychiatrists (£90 London, £135 non-London) and psychologists (£90 London, £117 non-London). In force 3/10/11 (for cases started on or after that date).

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

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 UK Statutory Instrument Miscellaneous legislation

These regulations were required to be made by the European Union's Directive 2011/83/EU. They specify the circumstances in which consumers can cancel contracts and the related information which must be supplied by traders, and create a criminal offence. Legal Aid is not specifically excluded, but the regulations (in relation to the "Information requirements" Part 2 and the "Right to cancel" Part 3) state that "This Part does not apply to off-premises contracts under which the payment to be made by the consumer is not more than £42" (regulations 3(4) and 27(3)). In force 13/6/14.

Consumer Credit Act 1974 UK Public General Act Miscellaneous legislation

Preamble: "An Act to establish for the protection of consumers a new system, administered by the Director General of Fair Trading, of licensing and other control of traders concerned with the provision of credit, or the supply of goods on hire or hire-purchase, and their transactions, in place of the present enactments regulating moneylenders, pawnbrokers and hire-purchase traders and their transactions; and for related matters."

Contempt of Court Act 1981 UK Statutory Instrument Miscellaneous legislation

'An Act to amend the law relating to contempt of court and related matters.'

Convention on the Rights of Persons with Disabilities Other Miscellaneous legislation

The purpose of this convention is set out in Article 1 as: 'The purpose of the present Convention is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity. Persons with disabilities include those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.'

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 8 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.

Coronavirus Act 2020 (Expiry of Mental Health Provisions) (England and Wales) Regulations 2020 UK Statutory Instrument Coronavirus legislation Legislation amending MHA 1983

This legislation expires most of the mental health amendments in sch 8 Coronavirus Act 2020 in relation to England, and some in relation to Wales. None of the expired provisions had commenced. Some other amendments will continue in Wales (mainly those relating to the MHRT) and transitional provisions will remain in force in both countries.

Coroners (Investigations) Regulations 2013 UK Statutory Instrument Inquest legislation

Part 7 is entitled "Action to prevent other deaths": regulation 28 is entitled "Report on action to prevent other deaths" and regulation 29 is entitled "Response to a report on action to prevent other deaths".

Coroners and Justice Act 2009 UK Public General Act Inquest legislation

Amends the law on suicide from 1/2/10: see Assisted suicide. Amends the law on partial defences to murder from 4/10/10: see Murder.

Coroners and Justice Bill 2009 Other Bill

See Legal Aid page. Clauses 128, 129 and 132 are relevant to civil legal aid.

Court of Protection (Amendment) Rules 2009 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

These Rules amend the Court of Protection Rules 2007 by amending rules (rules 6 and 51), adding rules (rule 82A), and adding a Practice Direction (PD 10A) for the new deprivation of liberty jurisdiction. In force 1/4/09.

Court of Protection (Amendment) Rules 2011 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

These Rules add rule 7A to the Court of Protection Rules 2007 to enable the Senior Judge or the President to authorise a court officer to exercise the jurisdiction of the court in such circumstances as set out in the relevant practice direction. Such a court officer: (a) must refer to a judge any application, proceedings or any question arising in any application or proceedings which ought, in the officer’s opinion, to be considered by a judge; (b) may not deal with any application or proceedings or any question arising in any application or proceedings by way of a hearing; and (c) may not deal with an application for the reconsideration of an order made by that court officer or another court officer. In force 12/12/11.

Court of Protection (Amendment) Rules 2015 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

These rules amend the Court of Protection Rules 2007. In force 6/4/15 and 1/7/15.

Court of Protection Fees (Amendment) Order 2009 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

This Order amends the Court of Protection Fees Order 2007, which set out the fees to be charged for matters coming to the Court of Protection, by abolishing the fee for a certified copy of a document and providing for an additional circumstance under which fees may be exempted (i.e. if the relevant person is in receipt of income-related employment and support allowance). In force 1/4/09.

Court of Protection Fees Order 2007 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

In force 1/10/07.

Court of Protection Rules 2007 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

These rules for the Court of Protection, which came into force on 1/10/07, were superseded on 1/12/17 by the Court of Protection Rules 2017.

Court of Protection Rules 2017 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

These rules revoke the Court of Protection Rules 2007 and come into force on 1/12/17.

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 Appeal Act 1968 UK Statutory Instrument Miscellaneous legislation

Schedule 7 Criminal Appeal Act 1968 repeals Criminal Procedure (Insanity) Act 1964 s2, 3.

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.

Criminal Legal Aid (General) (Amendment) Regulations 2013 UK Statutory Instrument Miscellaneous legislation

Legislation about criminal legal aid. In force 1/4/13.

Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 UK Public General Act Other useful legislation

This Act substitutes s4, amends s8 and repeals sch 1 of the Criminal Procedure (Insanity) Act 1964 . (Various other changes to the 1964 Act were subsequently themselves amended by Domestic Violence Crime and Victims Act 2004, but both "old" and "new" versions of the CPIA 1964 are reproduced here.)

Criminal Procedure (Insanity) Act 1964 UK Public General Act Other useful legislation

The CPIA 1964 was amended on 31/3/05 Domestic Violence Crime and Victims Act 2004. Both the old and the updated text is available here.

Criminal Procedure (Scotland) Act 1995 UK Public General Act Miscellaneous legislation Scottish legislation

Preamble: "An Act to consolidate certain enactments relating to criminal procedure in Scotland."

Criminal Procedure Rules 2020 UK Statutory Instrument Miscellaneous legislation

Rules about criminal court procedure.

Data Protection Act 1998 UK Public General Act Other useful legislation

This Act was repealed by sch 19 para 44 Data Protection Act 2018, with the exception of section 62 and paragraphs 13, 15, 16, 18 and 19 of Schedule 15 (which amend other enactments).

Data Protection Act 2018 UK Public General Act Miscellaneous legislation

Data protection legislation.

Disability Discrimination Act 1995 UK Public General Act Miscellaneous legislation

Discrimination. Disability discrimination case judgments can be searched for on the Employment Appeal Tribunal's website (link below).

Discipline of Judges (Designation) Order 2008 UK Statutory Instrument Tribunal legislation

This order makes certain people subject to the disciplinary provisions of the Constitutional Reform Act 2005.

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.

Electoral Administration Act 2006 UK Public General Act Miscellaneous legislation

Section 73 states: "Any rule of the common law which provides that a person is subject to a legal incapacity to vote by reason of his mental state is abolished."

Equality Act 2010 UK Public General Act Miscellaneous legislation

The Equality Bill 2008-09 to 2009-10 received Royal Assent on 8/4/10. Most of its provisions came into force on 1/10/10. The Parliament website states: "The Bill will harmonise and in some cases extend existing discrimination law covering the 'protected characteristics' of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation. It will address the impact of recent case law which is generally seen as having weakened discrimination protection, and harmonise provisions defining indirect discrimination."

European Convention on Human Rights Other Other useful legislation

See The ECHR and mental health law.

Extradition Act 2003 UK Public General Act Miscellaneous legislation

This Act reforms the law on extradition. Extradition takes place when, at the request of another jurisdiction, a person accused or convicted of a serious offence is returned by the United Kingdom to that jurisdiction, or where a person is returned from another jurisdiction, at the United Kingdom's request, to stand trial or serve a custodial sentence. This is distinct from deportation where the country in which the person is present initiates the removal process. [Quotation from Explanatory Notes.]

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.

Family Procedure (Modification of Enactments) Order 2011/1045 UK Statutory Instrument Miscellaneous legislation

This Order amends the Court of Protection Rules 2007 by amending the text of rule 39 (Application of Family Procedure (Adoption) Rules 2005). In force 6/4/11.

Family Procedure Rules 2010 UK Statutory Instrument Miscellaneous legislation

Court rules for family proceedings.

Fatal Accidents Act 1976 UK Public General Act Miscellaneous legislation

Introductory text: "An Act to consolidate the Fatal Accidents Acts."

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.

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

This order, which came into force on 3/11/08, makes provision as to the number and type of members on a Tribunal panel, and provides for majority or unanimous decisions.

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.

Freedom of Information Act 2000 UK Public General Act Miscellaneous legislation

Preamble: "An Act to make provision for the disclosure of information held by public authorities or by persons providing services for them and to amend the Data Protection Act 1998 and the Public Records Act 1958; and for connected purposes."

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

Hague Convention on the International Protection of Adults 2000 Other Other useful legislation

"This Convention was drawn up by the Hague Conference on Private International Law and unanimously adopted by those of the Member States present at its plenary session on 2 October 1999. Its purpose is to improve the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not able to safeguard their own interests. It does so by laying down rules on jurisdiction, applicable law and international recognition and enforcement of protective measures which are to be respected by all States, thus reducing the potential for confusion and conflict. There is also provision for administrative co-operation to support the workings of the Convention. 'Adult' is defined in Article 2 of the Convention as a person who has reached the age of 18 years." (text from FCO explanatory memorandum)

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 2006 UK Public General Act Other useful legislation

Amongst other things, this Act makes provision for the prohibition of smoking in certain premises, places and vehicles. This includes enclosed or substantially enclosed areas of mental health units.

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 Act 2009 (Commencement No. 4) Order 2010 UK Statutory Instrument Miscellaneous legislation

This Order brings into force Health Act 2009 s35 which inserts a new Part 3A into the Local Government Act 1974. Part 3A establishes a new scheme for the investigation by a Local Commissioner of complaints about adult social care which is privately arranged or privately funded. See Local Government Ombudsman. In force 1/10/10.

Health and Care Act 2022 UK Public General Act Legislation amending MHA 1983 Other useful legislation

"An Act to make provision about health and social care." Among many other things, it replaced "clinical commissioning group" in the MHA with "integrated care board".

Health and Care Act 2022 (Commencement No. 2 and Transitional and Saving Provision) Regulations 2022 UK Statutory Instrument Miscellaneous legislation

This brings into force most of Health and Care Act 2022 on 1/7/22, including schedule 4 which makes amendments to the MHA 1983 (changing "clinical commissioning group" to "integrated care board").

Health and Care Act 2022 (Consequential and Related Amendments and Transitional Provisions) Regulations 2022 UK Statutory Instrument Miscellaneous legislation

Part 2 of these regulations make amendments which are consequential on the establishment of integrated care boards (ICBs) and the abolition of clinical commissioning groups (CCGs), including amendments to the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 and the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008.

Health and Safety at Work etc. Act 1974 UK Public General Act Miscellaneous legislation

"An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; 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 (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 UK Statutory Instrument Tribunal legislation

SI 2004/696 amends r2, r7, r8 of the MHRT Rules 1983.

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 UK Public General Act Miscellaneous legislation

The Health and Social Care Bill contains four key policy areas: Care Quality Commission; Professional regulation; Public health protection measures; Health in Pregnancy Grant. The establishment of the Care Quality Commission is the most relevant area to mental health law. Click "what links here" (below) to see which sections of the MHA 1983 were amended by this Act.

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 Care Act 2008 (Regulated Activities) Regulations 2010 UK Statutory Instrument Miscellaneous legislation

First paragraph of explanatory note: "These Regulations, which are to come into force on 1st April 2010, are made under the Health and Social Care Act 2008 and prescribe the kinds of activities that will be regulated activities for the purposes of Part 1 of the Act, and the requirements that will apply in relation to the way in which those activities are carried on. Part 1 of the Act establishes the Care Quality Commission and provides for the registration of persons carrying on a prescribed regulated activity. It also provides powers to make regulations imposing requirements in relation to the carrying on of those regulated activities."

Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 UK Statutory Instrument Miscellaneous legislation

Extract from Explanatory Note: “These Regulations prescribe the kinds of activities that are regulated activities for the purposes of Part 1 of the Health and Social Care Act 2008 and requirements that apply in relation to the way in which those activities are carried on.“

Health and Social Care Act 2012 UK Public General Act Other useful legislation

This Act amended the Mental Health Act 1983 so that the 'certificate requirement' for the treatment of CTO patients who have capacity and consent can be met by the RC filling in a Part 4A certificate rather than requiring a SOAD to do so. It makes various other changes which are summarised on this page.

Health and Social Care Act 2012 (Commencement No.1 and Transitory Provision) Order 2012 UK Statutory Instrument Miscellaneous legislation

This Order brings into force certain provisions of the Health and Social Care Act 2012 on 1/6/12, 1/7/12 and 1/8/12.

Health and Social Care Act 2012 (Commencement No.4, Transitional, Savings and Transitory Provisions) Order 2013 UK Statutory Instrument Miscellaneous legislation

This Order brings Health and Social Care Act 2012 ss38, 40, 41, 43 and 45 (functions relating to mental health matters), amongst other things, into force on 1/4/13.

Health and Social Care Bill 2010-12 Other Bill

This Bill received Royal Assent on 27/3/12 and is now the Health and Social Care Act 2012. Summary from Parliament website: 'To establish and make provision about a National Health Service Commissioning Board and commissioning consortia and to make other provision about the National Health Service in England; to make provision about public health in the United Kingdom; to make provision about regulating health and adult social care services; to make provision about public involvement in health and social care matters, scrutiny of health matters by local authorities and co-operation between local authorities and commissioners of health care services; to make provision about regulating health and social care workers; to establish and make provision about a National Institute for Health and Care Excellence; to establish and make provision about a Health and Social Care Information Centre and to make other provision about information relating to health or social care matters; to abolish certain public bodies involved in health or social care; to make other provision about health care; and for connected purposes.'

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

Section 6 amends MHA 1983 s121.

Health and Social Services and Social Security Adjudications Act 1983 UK Public General Act Miscellaneous legislation

"An Act to amend the law relating to the financing of certain social services in England and Wales and Scotland and to children and young persons; to make fresh provision for the Central Council for Education and Training in Social Work and further provision for the remuneration and conditions of service of medical and dental practitioners in the National Health Service and health service officers; to amend the law relating to homes regulated by the Nursing Homes Act 1975, the Child Care Act 1980, the Residential Homes Act 1980 and the Children’s Homes Act 1982; to repeal enactments about the designation of health authorities as teaching authorities and membership of authorities so designated; to make further provision for social security adjudication; to make further provision for fees for medical practitioners’ certificates relating to notifiable diseases and food poisoning; to abolish certain advisory bodies; to make minor alterations in certain enactments relating to health; and for connected purposes."

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)'."

Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 UK Statutory Instrument Coronavirus legislation

These coronavirus regulations have been revoked and replaced with other regulations.

High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Amendment Directions 2012 Other Other useful legislation

These Directions amend the High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011 with effect from 18/6/12.

High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Directions 2011 Other Other useful legislation

In force 1/8/11. A guidance document has also been published. Amended by High Security Psychiatric Services (Arrangements for Safety and Security at Ashworth, Broadmoor and Rampton Hospitals) Amendment Directions 2012 with effect from 18/6/12.

Homicide Act 1957 UK Public General Act Miscellaneous legislation

Section 1: abolition of constructive malice. Section 2: diminished responsibility. Section 3: provocation. Section 4: suicide pacts.

Housing Act 1988 UK Public General Act Miscellaneous legislation

Introductory text: "An Act to make further provision with respect to dwelling-houses let on tenancies or occupied under licences; to amend the Rent Act 1977 and the Rent (Agriculture) Act 1976; to establish a body, Housing for Wales, having functions relating to housing associations; to amend the Housing Associations Act 1985 and to repeal and re-enact with amendments certain provisions of Part II of that Act; to make provision for the establishment of housing action trusts for areas designated by the Secretary of State; to confer on persons approved for the purpose the right to acquire from public sector landlords certain dwelling-houses occupied by secure tenants; to make further provision about rent officers, the administration of housing benefit and rent allowance subsidy, the right to buy, repair notices and certain disposals of land and the application of capital money arising thereon; to make provision consequential upon the Housing (Scotland) Act 1988; and for connected purposes."

Housing Act 1996 UK Public General Act Miscellaneous legislation

Preamble: "An Act to make provision about housing, including provision about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of tenants, the allocation of housing accommodation by local housing authorities and homelessness; and for connected purposes."

Human Fertilisation and Embryology Act 2008 UK Public General Act Miscellaneous legislation

"An Act to amend the Human Fertilisation and Embryology Act 1990 and the Surrogacy Arrangements Act 1985; to make provision about the persons who in certain circumstances are to be treated in law as the parents of a child; and for connected purposes."

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."

Immigration Act 1971 UK Public General Act Miscellaneous legislation

The Immigration Act 1971 regulates which foreigners can and cannot stay in the United Kingdom, makes provision for voluntary and compulsory repatriation, etc. Patients subject to the Mental Health Act 1983 may be deported under the Immigration Act or s86 of the 1983 Act as appropriate. The UK Borders Act 2007 imposes a duty to deport under the 1971 Act certain foreign criminals.

Income Support (General) Regulations 1987 UK Statutory Instrument Miscellaneous legislation

Income Support. Amended by Social Security (Hospital In-Patients) Regulations 2005.

Inheritance (Provision for Family and Dependants) Act 1975 UK Public General Act Miscellaneous legislation

"An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person; and for matters connected therewith."

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.

Insolvency Rules 1986 UK Statutory Instrument Miscellaneous legislation

Insolvency Rules.

Interpretation Act 1978 UK Public General Act Miscellaneous legislation

"An Act to consolidate the Interpretation Act 1889 and certain other enactments relating to the construction and operation of Acts of Parliament and other instruments, with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission."

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

Schedule 6 amends MHA 1983 sched 2.

Juries Act 1974 UK Public General Act Miscellaneous legislation

"An Act to consolidate certain enactments relating to juries, jurors and jury service with corrections..." See Jury service for its relevance to people with mental disorders.

Land Registration Act 2002 UK Public General Act Miscellaneous legislation

"An Act to make provision about land registration; and for connected purposes." See Link Lending Ltd v Bustard sub nom Link Lending Ltd v Hussein [2010] EWCA Civ 424.

Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2007 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

In force 1/10/07.

Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

These Regulations contain redesigned LPA forms. In force 1/10/09.

Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2010 UK Statutory Instrument Miscellaneous legislation

These Regulations amend the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, making various changes which are summarised in the Explanatory Memorandum. In force 1/5/10, subject to transitional provisions.

Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2013 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

These regulations amend Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007. (1) Regulation 3 substitutes a period of 4 weeks for the existing 6 week period that must elapse between the date of the latest notice by which the Public Guardian notifies the donor or donees (as appropriate) of a lasting power of attorney that an application to register has been received, and the date on which the LPA is registered. (2) Regulations 4 and 5 substitute a 3 week period for a 5 week period during which a donee or donor of the power, or a named person, must give notice of objection to registration to the Public Guardian. (3) Regulation 6 substitutes a period of 3 weeks for the current 5 week period in which a person who wishes to make an application to the court objecting to registration must do so. (4) Regulation 8 introduces a new basis on which a security given by a deputy to the Public Guardian in respect of the discharge of his or her functions can be discharged. (5) Regulations 9-12 amend forms (Forms LPA 001, LPA 003A and LPA 003B will be available online from 1/4/13). (6) Regulation 13 makes transitional provision. In force 1/4/13

Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

In force 1/10/07. Amended by Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2013 from 1/4/13.

Law of Property Act 1925 UK Public General Act Miscellaneous legislation

"An Act to consolidate the enactments relating to conveyancing and the law of property in England and Wales."

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

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

Legal Aid, Sentencing and Punishment of Offenders Bill 2011 Other Bill

Summary of the Bill: 'To make provision about legal aid; to make further provision about funding legal services; to make provision about costs and other amounts awarded in civil and criminal proceedings; to make provision about sentencing offenders, including provision about release on licence or otherwise; to make provision about bail and about remand otherwise than on bail; to make provision about the employment, payment and transfer of persons detained in prisons and other institutions; to make provision about penalty notices for disorderly behaviour and cautions; and to create new offences of threatening with a weapon in public or on school premises.' Enacted as Legal Aid, Sentencing and Punishment of Offenders Act 2012

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).

Legal Services Act 2007 (Consequential Amendments) Order 2009 UK Statutory Instrument Miscellaneous legislation

This Order amends the Court of Protection Rules 2007 by amending the definition of 'legal representative' in rule 6. In force 1/1/10.

Limitation Act 1980 UK Public General Act Miscellaneous legislation

This Act determines how long a potential claimant is allowed to delay before issuing a claim.

Local Authority Social Services and National Health Service Complaints (England) Regulations 2009 UK Statutory Instrument Miscellaneous legislation

Complaints. See NHS complaints procedure.

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

Lord Chancellor (Transfer of Functions and Supplementary Provisions) (No.2) Order 2006 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Other

SI 2006/1016 amends MCA 2005 s21, MCA 2005 s45, MCA 2005 s46, MCA 2005 s51, MCA 2005 s52, MCA 2005 s59, and MCA 2005 s65. In force 3 April 2006.

Lord Chancellor (Transfer of Functions and Supplementary Provisions) Order 2006 UK Statutory Instrument Tribunal legislation

SI 2006/680 amends MHRT Rules r8.

Matrimonial Causes Act 1973 UK Public General Act Miscellaneous legislation

"An Act to consolidate certain enactments relating to matrimonial proceedings, maintenance agreements, and declarations of legitimacy, validity of marriage and British nationality, with amendments to give effect to recommendations of the Law Commission."

Medical Act 1983 (Amendment) Order 2002 UK Statutory Instrument Miscellaneous legislation

SI 2002/3135 Sch 1 para 5 when in force will amend CPIA 1964 s8.

Mental Capacity (Amendment) Act 2019 UK Public General Act Other useful legislation

"An Act to amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent; and for connected purposes."

Mental Capacity (Amendment) Bill 2017-19 Other Bill

"A Bill to amend the Mental Capacity Act 2005 in relation to procedures in accordance with which a person may be deprived of liberty where the person lacks capacity to consent, and for connected purposes." This became the Mental Capacity (Amendment) Act 2019.

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 (Deprivation of Liberty: Appointment of Relevant Person's Representative) (Wales) Regulations 2009 Wales Statutory Instrument Mental Capacity Act 2005 secondary legislation - DOLS

In force 1/4/09.

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

"These Regulations provide for the selection and appointment of representatives and the circumstances in which they may be paid..."

Mental Capacity (Deprivation of Liberty: Assessments, Standard Authorisations and Disputes about Residence) (Wales) Regulations 2009 Wales Statutory Instrument Mental Capacity Act 2005 secondary legislation - DOLS

In force 1/4/09.

Mental Capacity (Deprivation of Liberty: Monitoring and Reporting; and Assessments - Amendment) Regulations 2009 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - DOLS

Relates to (1) the role of the Care Quality Commission in monitoring schedule A1 and (2) two amendments relating to (a) insurance/indemnity of assessors, and (b) recovery of expenditure between local authorities.

Mental Capacity (Deprivation of Liberty: Standard Authorisations, Assessments and Ordinary Residence) Regulations 2008 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - DOLS

"These Regulations, together with the Act, provide the eligibility requirements for people who carry out the assessments."

Mental Capacity Act 2005 UK Public General Act Mental Capacity Act 2005

The Mental Capacity Act has been fully in force since 1/10/07 (see Mental Capacity Act 2005 in-force dates for details). It was amended by the Mental Health Act 2007 by the introduction of the Deprivation of Liberty Safeguards; these amendments came into force on 1/4/09 (see Bournewood gap bridged by Deprivation of Liberty Safeguards inserted into MCA 2005).

Mental Capacity Act 2005 (Appropriate Body) (England) (Amendment) Regulations 2006 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Research

In force 31/1/07. Amends the commencement dates of the Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 to 1/7/07 (from 1/2/07) and 1/10/07 (from 1/4/07) respectively.

Mental Capacity Act 2005 (Appropriate Body) (England) Amendment Regulations 2011 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Research

These Regulations amend the definition of 'appropriate body' (i.e. a body which can approve certain research) in the Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 to clarify that, in the definition of an appropriate body, a committee recognised by the Secretary of State means a committee recognised by the Secretary of State in exercise of his powers in section 2 of the National Health Service Act 2006. See Explanatory Memorandum for background. In force 1/12/11.

Mental Capacity Act 2005 (Appropriate Body) (England) Regulations 2006 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Research

In force.

Mental Capacity Act 2005 (Appropriate Body) (Wales) Regulations 2007 Wales Statutory Instrument Mental Capacity Act 2005 secondary legislation - Research

In force 1/7/07 and 1/10/07.

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 (Independent Mental Capacity Advocates) (Expansion of Role) Regulations 2006 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - IMCA

SI 2006/2883 affects MCA 2005 s35.

Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (General) Regulations 2006 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - IMCA

These Regulations came into force (a) for the purpose of enabling the Secretary of State to make arrangements under section 35 of the Act, and for the purpose of enabling local authorities to approve IMCAs, on 1st November 2006, and (b) for all other purposes, on 1st April 2007.

Mental Capacity Act 2005 (Independent Mental Capacity Advocates) (Wales) Regulations 2007 Wales Statutory Instrument Mental Capacity Act 2005 secondary legislation - IMCA

In force 1/10/07.

Mental Capacity Act 2005 (Loss of Capacity during Research Project) (England) Regulations 2007 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Research

In force 1/7/07 and 1/10/07.

Mental Capacity Act 2005 (Loss of Capacity during Research Project) (Wales) Regulations 2007 Wales Statutory Instrument Mental Capacity Act 2005 secondary legislation - Research

In force 1/7/07 and 1/10/07.

Mental Capacity Act 2005 (Transfer Of Proceedings) Order 2007 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - Public Guardian and Court of Protection

In force 1/10/07.

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 (Absconding Patients from Other Jurisdictions) (Scotland) Regulations 2008 Scottish Statutory Instrument Other useful legislation Scottish legislation

Scottish Regulations.

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 (Approval Functions) Act 2012 UK Public General Act Miscellaneous legislation

This Act states: 'Any person who before the day on which this Act is passed has done anything in the purported exercise of an approval function is to be treated for all purposes as having had the power to do so.' It defines 'approval function' as: '(a) the function of giving an approval for the purposes of section 12 of the Mental Health Act 1983 (practitioners approved to give medical recommendations), or (b) the function of approving a person as an approved clinician for the purposes of that Act.' The Secretary of State's approval functions were lawfully delegated to Strategic Health Authorities on their formation in 2002. This Act was passed with it was discovered that four SHAs had unlawfully delegated these functions to NHS mental health trusts. In force 31/10/12.

Mental Health (Approval of Persons to be Approved Mental Health Professionals) (Wales) Regulations 2008 Wales Statutory Instrument Mental Health Act 2007 secondary legislation - Wales Welsh legislation

These regulations relate to the approval of persons to act as AMHPs.

Mental Health (Approved Mental Health Professionals) (Approval) (England) Regulations 2008 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England

These regulations relate to the approval of persons to act as AMHPs.

Mental Health (Assessment of Former Users of Secondary Mental Health Services) (Wales) Regulations 2011 Wales Statutory Instrument Miscellaneous legislation Welsh legislation

'These Regulations contain provisions about mental health assessments for former users of secondary mental health services' (extract from Explanatory Note). Made 18/10/11; in force 6/6/12.

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 (Care Co-ordination and Care and Treatment Planning) (Wales) Regulations 2011 Wales Statutory Instrument Welsh legislation

'These Regulations contain provisions about care co-ordination and care and treatment planning for patients using secondary mental health services... They also contain provision about the identification of relevant mental health service providers, and transitional provisions for patients who are already in secondary mental health services at the coming into force date of these Regulations' (extract from Explanatory Note). Made 6/12/11. In force 6/6/12.

Mental Health (Conflict of Interest) (Scotland) (No 2) Regulations 2005 Scottish Statutory Instrument Miscellaneous legislation Scottish legislation

These Scottish Regulations provide for the circumstances where there is, or is not, to be taken to be a conflict of interest, and where such a conflict of interest is permitted, in relation to certain medical examinations carried out under the Mental Health (Care and Treatment) (Scotland) Act 2003. In force 5/10/05.

Mental Health (Conflicts of Interest) (England) Regulations 2008 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England

These regulations set out when there is a potential conflict of interest preventing an AMHP making an application or a doctor a medical recommendation.

Mental Health (Conflicts of Interest) (Wales) Regulations 2008 Wales Statutory Instrument Mental Health Act 2007 secondary legislation - Wales Welsh legislation

These regulations set out when there is a potential conflict of interest preventing an AMHP making an application or a doctor a medical recommendation.

Mental Health (Cross-border Visits) (Scotland) Regulations 2008 Scottish Statutory Instrument Other useful legislation Scottish legislation

"These Regulations make provision in connection with escorted mental health patients who visit Scotland whilst on leave of absence under the law of England and Wales, Northern Ireland, the Isle of Man or any of the Channel Islands." In force 6/5/08.

Mental Health (Detention in Conditions of Excessive Security) (Scotland) Regulations 2015 Scottish Statutory Instrument Miscellaneous legislation Scottish legislation

These Regulations relate to appeals to the Mental Health Tribunal for Scotland on the ground that detaining the patient in the current hospital entails subjecting the patient to an excessive level of security. In force 16/11/15.

Mental Health (Discrimination) (No. 2) Bill 2012 Other Bill

The Mental Health (Discrimination) Bill 2010 ran out of Parliamentary time so a similar Bill was introduced in 2012. See Mental Health (Discrimination) Act 2013.

Mental Health (Discrimination) Act 2013 UK Public General Act Miscellaneous legislation

This Act: (1) repeals, from 28/4/13, s141 MHA 1983 so that the seat of an MP is no longer vacated upon long-term detention under the Act; (2) amends, from 15/7/2013, the Juries Act 1974 in relation to qualification for jury service based on mental health (see jury service page for current provisions); (3) amends, from 28/4/13, the Companies (Model Articles) Regulations 2008 so that a person no longer ceases to be a director when 'by reason of that person’s mental health, a court makes an order which wholly or partly prevents that person from personally exercising any powers or rights which that person would otherwise have'. Schedule 1 not in force (as at 19/12/15).

Mental Health (Discrimination) Act 2013 (Commencement) Order 2013 UK Statutory Instrument Miscellaneous legislation

This Order brings into force amendments the Juries Act 1974 made by the Mental Health (Discrimination) Act 2013 in relation to qualification for jury service based on mental health. In force 15/7/13.

Mental Health (Discrimination) Bill 2010 Other Bill

This Private Member's Bill, introduced by Lord Stevenson, received its first reading on 6/4/11. If enacted it would: (1) Repeal s141 MHA 1983 so that the seat of an MP is no longer vacated upon long-term detention under the Act; (2) amend the Juries Act 1974 so that (in addition to the existing category of those lacking capacity) only those liable to be detained under the MHA are excluded from jury service (see jury service page for current provisions); (3) amend the Companies (Model Articles) Regulations 2008 so that a person no longer ceases to be a director when 'by reason of that person’s mental health, a court makes an order which wholly or partly prevents that person from personally exercising any powers or rights which that person would otherwise have'; (4) amend the School Governance (Constitution) (England) Regulations 2007 so it is no longer the case that '[a] person is disqualified from holding or from continuing to hold office as a governor of a school at any time when he is detained under the Mental Health Act 1983'. See Mental Health (Discrimination) (No. 2) Bill 2012.

Mental Health (England and Wales Cross-border transfer: patients subject to requirements other than detention) (Scotland) Regulations 2008 Scottish Statutory Instrument Scottish legislation Mental Health Act 2007 secondary legislation - Scotland

These Scottish Regulations provide for the transfer of community patients between England & Wales and Scotland. Scotland has had Community Treatment Orders and Compulsion Orders under their Mental Health (Care and Treatment) (Scotland) Act 2003. The Regulations are needed now that England & Wales have a Community Treatment Order.

Mental Health (Hospital, Guardianship and Consent to Treatment) Amendment Regulations 1997 UK Statutory Instrument Mental Health Regulations

SI 1997/801 inserts Regulation 10A and amends Regulations Schedule 1.

Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 UK Statutory Instrument Mental Health Regulations

N.B. See Mental Health Regulations page for details of regulations which supersede the regulations on this page.

Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England and Wales‎ Mental Health Regulations

These regulations amend the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 which, like these amendments, come into force on 3/11/08.

Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England Mental Health Regulations

These regulations amend the Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 by introducing a new form snappily entitled 'Form CTO12 - Regulation 28(1A) - Mental Health Act 1983 section 64C(4A) - certificate that community patient has capacity to consent (or if under 16 is competent to consent) to treatment and has done so (Part 4A consent certificate)'. This form will be for the Responsible Clinician to fill in, when the requirement for a SOAD certificate in these circumstances is removed by s299 Health and Social Care Act 2012. In force immediately after that section comes into force (on such day as the Secretary of State may by order appoint).

Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 UK Statutory Instrument Other useful legislation

These Regulations amend Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 to provide for the service of documents by electronic communication.

Mental Health (Hospital, Guardianship and Treatment) (England) Regulations 2008 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England Mental Health Regulations

These Regulations apply to England only and supersede the Mental Health (Hospital, Guardianship and Consent to Treatment) Regulations 1983 on 3/11/08. They have been amended by the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2008, which will come into force immediately after the main Regulations, and by the Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2012 which came into force on 1/6/12. There may have been intervening amendments, but the latest amendments at the time of writing will be by Mental Health (Hospital, Guardianship and Treatment) (England) (Amendment) Regulations 2020 with effect from 1/12/20.

Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) (Amendment) Regulations 2012 Wales Statutory Instrument Mental Health Act 2007 secondary legislation - Wales Mental Health Regulations Welsh legislation

These Regulations amend the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 by adding a new form form CO 8 entitled 'Mental Health Act 1983 Part 4A — certificate of consent to treatment for community patient (Approved Clinician Part 4A certificate)'. This form will be for the Responsible Clinician to fill in, when the requirement for a SOAD certificate in these circumstances is removed by s299 Health and Social Care Act 2012.

Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) Regulations 2008 Wales Statutory Instrument Mental Health Act 2007 secondary legislation - Wales Mental Health Regulations Welsh legislation

These are the main regulations dealing with exercise of Mental Health Act 1983 powers, and also set out the mandatory statutory forms. They were amended by the Mental Health (Hospital, Guardianship, Community Treatment and Consent to Treatment) (Wales) (Amendment) Regulations 2012 with effect from 2/6/12.

Mental Health (Independent Advocacy) (England) Bill 2015 Other Bill

Summary from Parliament website: "A Bill to amend the Mental Health Act 1983 to make further provision for powers and responsibilities of independent mental health advocates for qualifying patients in England; and for connected purposes." Further extract: "This Bill is expected to have its second reading debate on Friday 26 February 2016. The Bill was presented to Parliament through the ballot procedure on 24 June 2015. This is known as the first reading and there was no debate on the Bill at this stage. This Bill is a Private Member’s Bill. If you wish to know more about this bill please contact its sponsor, Geoffrey Cox." Did not get beyond First Reading.

Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2008 Wales Statutory Instrument Mental Health Act 2007 secondary legislation - Wales Welsh legislation

These regulation deal with arrangements for appointment of IMHAs, and set out who can be appointed as IMHAs.

Mental Health (Independent Mental Health Advocates) (Wales) Regulations 2011 Wales Statutory Instrument Miscellaneous legislation Welsh legislation

'These Regulations contain provisions about arrangements for the appointment of Independent Mental Health Advocates. They contain provisions about who may be appointed to act as an IMHA, and persons who may be visited and interviewed by an IMHA for the purpose of providing help to a Welsh qualifying patient who has been admitted under section 4 (admission for assessment in cases of emergency) of the Mental Health Act 1983' (extract from Explanatory Note). Made 18/10/11; in force on 2/4/12 in relation to Welsh qualifying informal patients, and otherwise on 3/1/12.

Mental Health (Mutual Recognition) Regulations 2008 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England and Wales

These regulations set out when English s12 practitioners and approved clinicians can be treated as approved in Wales, and vice versa.

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 (Northern Ireland) Order 1986 Northern Ireland Orders in Council Northern Irish legislation

The Mental Health (Northern Ireland) Order 1986 is the Northern Irish equivalent of the Mental Health Act 1983.

Mental Health (Nurses) (England) Order 2008 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England

This order replaces the Mental Health (Nurses) Order 1998 in England. It sets out the classes of nurses who can use the six-hour s5(4) holding power. The nurses who can use this power are those registered in either Sub-Part 1 or 2 of the register maintained under article 5 of the Nursing and Midwifery Order 2001 whose registration includes an entry indicating that the nurse’s field of practice is either mental health nursing or learning disabilities nursing. In force 3/11/08 (England).

Mental Health (Nurses) (Wales) Order 2008 Wales Statutory Instrument Mental Health Act 2007 secondary legislation - Wales Welsh legislation

This order replaces the Mental Health (Nurses) Order 1998 in Wales. It sets out the classes of nurses who can use the six-hour s5(4) holding power. It comes into force on 3/11/08.

Mental Health (Nurses) Order 1983 UK Statutory Instrument Miscellaneous legislation

This order was replaced by the Mental Health (Nurses) Order 1998, which on 3/11/08 was itself replaced.

Mental Health (Nurses) Order 1998 UK Statutory Instrument Miscellaneous legislation

With effect from 3/11/08, this order is replaced by the Mental Health (Nurses) (England) Order 2008 and Mental Health (Nurses) (Wales) Order 2008 in the respective jurisdictions.

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 (Primary Care Referrals and Eligibility to Conduct Primary Mental Health Assessments) (Wales) Regulations 2012 Wales Statutory Instrument Welsh legislation

In force 1/10/12.

Mental Health (Public Safety and Appeals) (Scotland) Act 1999 Act of the Scottish Parliament Miscellaneous legislation

"The Bill for this Act of the Scottish Parliament was passed by the Parliament on 8th September 1999 and received Royal Assent on 13th September 1999. An Act of the Scottish Parliament to add public safety to the grounds for not discharging certain patients detained under the Mental Health (Scotland) Act 1984; to provide for appeal against the decision of the sheriff on applications by these patients for their discharge; and to amend the definition of “mental disorder” in that Act."

Mental Health (Regional Provision) (Wales) Regulations 2012 Wales Statutory Instrument Welsh legislation

In force dates: 8/5/12 and 6/6/12.

Mental Health (Safety and Security) (Scotland) Amendment Regulations 2012 Scottish Statutory Instrument Miscellaneous legislation Scottish legislation

"These Regulations amend the Mental Health (Safety and Security) (Scotland) Regulations 2005 ('the principal Regulations') to add the Medium Secure Service, Rohallion Clinic, Murray Royal Hospital, Muirhall Road, Perth to the list of institutions specified in regulation 2(2)(a) of those Regulations (regulation 2). The principal Regulations provide for 'specified persons', who may be made subject to measures to protect the safety and security of themselves and others. A person is only a 'specified person' if certain conditions exist, one of which is that the person is detained in a state hospital or other place specified in regulation 2(2)(a) of the principal Regulations. The Mental Health (Safety and Security) (Scotland) Amendment Regulations 2007 are revoked." [Explanatory Note.] In force 1/8/12.

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 (Scotland) Act 2015 Act of the Scottish Parliament Miscellaneous legislation Scottish legislation

Preamble: "An Act of the Scottish Parliament to amend the Mental Health (Care and Treatment) (Scotland) Act 2003 in various respects; to make provision about mental health disposals in criminal cases; to make provision as to the rights of victims of crime committed by mentally-disordered persons; and for connected purposes."

Mental Health (Scotland) Act 2015 (Commencement No 1, Transitional and Saving Provisions) Order 2015 Scottish Statutory Instrument Miscellaneous legislation Scottish legislation

This Order brings into force certain provisions of the Mental Health (Scotland) Act 2015 in relation to detention in conditions of excessive security, as described in the Explanatory Note and Policy Note. In force 16/11/15.

Mental Health (Scotland) Act 2015 (Commencement No. 2) Order 2015 Scottish Statutory Instrument Miscellaneous legislation Scottish legislation

This Order brings into force s37 Mental Health (Scotland) Act 2015, which introduces a requirement for the Scottish Ministers to carry out a review of the arrangements for investigating the deaths of patients with mental disorder who, at the time of death, were detained in hospital by virtue of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995, or were admitted voluntarily to hospital for the purpose of receiving treatment for mental disorder. In force 24/12/15.

Mental Health (Secondary Mental Health Services) (Wales) Order 2012 Wales Statutory Instrument Welsh legislation

In force 6/6/12.

Mental Health (Wales) Measure 2010 Measure of the National Assembly for Wales Miscellaneous legislation Welsh legislation

Preamble: 'A Measure of the National Assembly for Wales to make provision about primary mental health support services; the coordination of and planning for secondary mental health services; assessments of the needs of former users of secondary mental health services; independent advocacy for persons detained under the Mental Health Act 1983 and other persons who are receiving in-patient hospital treatment for mental health; and for connected purposes. This Measure, passed by the National Assembly for Wales on 2 November 2010 and approved by Her Majesty in Council on 15 December 2010, enacts the following provisions...'

Mental Health (Wales) Measure 2010 (Commencement No. 1 and Transitional Provision) Order 2011 Wales Statutory Instrument Miscellaneous legislation Welsh legislation

Welsh legislation. In force 3/1/12 and 2/4/12.

Mental Health (Wales) Measure 2010 (Commencement No.1 and Transitional Provision) Order 2011 Wales Statutory Instrument Welsh legislation

This order sets out provisions which come into force on 3/1/12, 2/4/12, and 8/5/12.

Mental Health (Wales) Measure 2010 (Commencement No.2) Order 2012 Wales Statutory Instrument Welsh legislation

This Order lists provisions which come into force on 6/6/12.

Mental Health (Wales) Measure 2010 (Commencement No.3) Order 2012 Wales Statutory Instrument Welsh legislation

This Order lists certain provisions which came into force on 1/10/12.

Mental Health Act 1959 UK Public General Act Other useful legislation

Precursor to Mental Health Act 1983.

Mental Health Act 1983 (Amendment) Bill 2014-15 Other Bill

Presenting this private members bill, Sir Paul Beresford stated: "I should like section 136 of the Mental Health Act 1983 to be amended as follows. First, the heading, 'Mentally disordered persons found in public places', should be changed to, 'Mentally disordered persons found by the police in the course of their duties. Secondly, the words 'in a place to which the public have access', should be changed to, 'in the course of carrying out his duties'." Did not get beyond First Reading.

Mental Health Act 1983 (Independent Mental Health Advocates) (England) Regulations 2008 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England

These Regulations contain provisions about the arrangements for the appointment of IMHAs and as to who can be appointed to act as an IMHA. In force 1/4/09.

Mental Health Act 1983 (Places of Safety) Regulations 2017 UK Statutory Instrument Miscellaneous legislation

These Regulations specify the circumstances in which a police station can be used as a place of safety for an adult for the purposes of s135 and s136 MHA 1983, and describe the safeguards to protect the person detained.

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 1983 Approved Clinician (General) (Amendment) Directions 2009 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England

An amendment to Mental Health Act 1983 Approved Clinician (General) Directions 2008, in force 1/7/09, to reflect the statutory regulation of psychologists by the Health Professions Council from that date. Psychologist ACs must be registered with the HPC.

Mental Health Act 1983 Approved Clinician (General) Directions 2008 UK Statutory Instrument Mental Health Act 2007 secondary legislation - England

These directions replace the Mental Health Act 1983 Approved Clinician Directions 2008.

Mental Health Act 1983 Approved Clinician (Wales) Directions 2008 Wales Statutory Instrument Mental Health Act 2007 secondary legislation - Wales

These directions make provision for the approval of persons as approved clinicians in Wales.

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. 1) Order 2007 UK Statutory Instrument Mental Health Act 2007 commencement orders

Official explanatory note: "This Order is the first commencement Order made under the Mental Health Act 2007 and brings into force section 45 of that Act in relation to England and Wales. Section 45 amends section 23 of the Mental Health Act 1983 (c.20) in relation to the delegation by National Health Service foundation trusts of their power to discharge patients from compulsion under the Act."

Mental Health Act 2007 (Commencement No. 10 and Transitional Provisions) Order 2009 UK Statutory Instrument Mental Capacity Act 2005 secondary legislation - DOLS Mental Health Act 2007 commencement orders

In force 1/4/09. This order brings into force the provisions in relation to IMHAs for England (they are already in force in Wales). It also commences the deprivation of liberty safeguards, and introduces transitional provisions: provided the applications are received on or before 30/4/09, 42 days (instead of 21) are allowed for completing assessments for a standard authorisation, and urgent authorisations last for 21 days (instead of 7); urgent authorisations given on or before 30/4/09 cannot be extended.

Mental Health Act 2007 (Commencement No. 11) Order 2010 UK Statutory Instrument Mental Health Act 2007 commencement orders

This order brings new s131A (Accommodation, etc for children) into force from 1/4/10. It applies to patients under 18 who are liable to be detained under the MHA or admitted informally. The hospital managers must ensure that the patient's environment is suitable having regard to his age (subject to his needs); they must consult a person with knowledge or experience of such cases. SI 2010/143.

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 Act 2007 (Commencement No. 3) Order 2007 UK Statutory Instrument Mental Health Act 2007 commencement orders

Official explanatory note: "This Order is the third commencement order made under the Mental Health Act 2007 and brings into force the sections of that Act set out in article 2 on 1st October 2007, section 26 on 1st December 2007 and section 43 on 1st January 2008."

Mental Health Act 2007 (Commencement No. 4) Order 2008 UK Statutory Instrument Mental Health Act 2007 commencement orders

This Order brings certain sections of the MHA 2007 into force on 1/4/08.

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