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1.- (1) The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters.
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'''Application of Act: "mental disorder"'''


(2) In this Act-
1.— (1) The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters.


"mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder and any other disorder or disability of mind and "mentally disordered" shall be construed accordingly;
(2) In this Act—


"severe mental impairment" means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned and "severely mentally impaired" shall be construed accordingly;
:["mental disorder" means any disorder or disability of the mind; and


"mental impairment" means a state of arrested or incomplete development of mind (not amounting to severe mental impairment) which includes significant impairment of intelligence and social functioning and is associated with abnormally aggressive or seriously irresponsible conduct on the part of the person concerned and "mentally impaired" shall be construed accordingly;
:"mentally disordered" shall be construed accordingly;]<ref name="MHA">[[Mental Health Act 2007]] s1, s2, s3, s55 & sch 11; [[Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008]] wef 3/11/08
</ref>


"psychopathic disorder" means a persistent disorder or disability of mind (whether or not including significant impairment of intelligence) which results in abnormally aggressive or seriousiy irresponsible conduct on the part of the person concerned;
:[...]<ref name="MHA"/>


and other expressions shall have the meanings assigned to them in section 145 below.
and other expressions shall have the meanings assigned to them in section 145 below.


(3) Nothing in subsection (2) above shaM be construed as implying that a person may be dealt with under this Act as suffering from mental disorder, or from any form of mental disorder described in this section, by reason only of promiscuity or other immoral conduct, sexual deviancy or dependence on alcohol or drugs.
[(2A) But a person with learning disability shall not be considered by reason of that disability to be-
 
:(a)  suffering from mental disorder for the purposes of the provisions mentioned in subsection (2B) below; or
 
:(b)  requiring treatment in hospital for mental disorder for the purposes of sections 17E and 50 to 53 below,  
 
unless that disability is associated with abnormally aggressive or seriously irresponsible conduct on his part.
 
(2B)  The provisions are-
 
:(a)  sections 3, 7, 17A, 20 and 20A below;
 
:(b)  sections 35 to 38, 45A, 47, 48 and 51 below; and
 
:(c)  section 72(1)(b) and (c) and (4) below.]<ref name="MHA"/>
 
[(3)  Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.]<ref name="MHA"/>
 
[(4)  In subsection (2A) above, "learning disability" means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning.]<ref name="MHA"/>
 
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<references/>
 
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__NOEDITSECTION__

Latest revision as of 23:55, 5 August 2015

Application of Act: "mental disorder"

1.— (1) The provisions of this Act shall have effect with respect to the reception, care and treatment of mentally disordered patients, the management of their property and other related matters.

(2) In this Act—

["mental disorder" means any disorder or disability of the mind; and
"mentally disordered" shall be construed accordingly;][1]
[...][1]

and other expressions shall have the meanings assigned to them in section 145 below.

[(2A) But a person with learning disability shall not be considered by reason of that disability to be-

(a) suffering from mental disorder for the purposes of the provisions mentioned in subsection (2B) below; or
(b) requiring treatment in hospital for mental disorder for the purposes of sections 17E and 50 to 53 below,

unless that disability is associated with abnormally aggressive or seriously irresponsible conduct on his part.

(2B) The provisions are-

(a) sections 3, 7, 17A, 20 and 20A below;
(b) sections 35 to 38, 45A, 47, 48 and 51 below; and
(c) section 72(1)(b) and (c) and (4) below.][1]

[(3) Dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of subsection (2) above.][1]

[(4) In subsection (2A) above, "learning disability" means a state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning.][1]

Amendments

  1. ↑ Jump up to: 1.0 1.1 1.2 1.3 1.4 Mental Health Act 2007 s1, s2, s3, s55 & sch 11; Mental Health Act 2007 (Commencement No.7 and Transitional Provisions) Order 2008 wef 3/11/08
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