Mental Health Act 1983

Supplemental U.K.

143 General provisions as to regulations, orders and rules. U.K.

(1) Any power of the Secretary of State or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

(2) Any Order in Council under this Act [F1 or any order made under section 54A [F2 or 65]above] and any statutory instrument containing regulations or rules made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No order shall be made under section 68(4) or 71(3) above unless a draft of it has been approved by a resolution of each House of Parliament.

Textual Amendments

F1 Words in s. 143(2) inserted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 27(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2.

F2 Words in s. 143(2) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 107(13)

144 Power to amend local Acts. U.K.

Her Majesty may by Order in Council repeal or amend any local enactment so far as appears to Her Majesty to be necessary in consequence of this Act.

145 Interpretation. U.K.

(1) In this Act, unless the context otherwise requires—

• “absent without leave” has the meaning given to it by section 18 above and related expressions shall be construed accordingly;

• “application for admission for assessment” has the meaning given in section 2 above;

• “application for admission for treatment” has the meaning given in section 3 above;

• “approved social worker” means an officer of a local social services authority appointed to act as an approved social worker for the purposes of this Act;

• [F3 “Health Authority” means a Health Authority established under section 8 of the M1 National Health Service Act 1977;]

• “hospital” means—

(a) any health service hospital within the meaning of the M2 National Health Service Act 1977; and

(b) any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under that Act;

• and “hospital within the meaning of Part II of this Act” has the meaning given in section 34 above;

• “hospital order” and “guardianship order” have the meanings respectively given in section 37 above;

• “interim hospital order” has the meaning given in section 38 above;

• “local social services authority” means a council which is a local authority for the purpose of the M3 Local Authority Social Services Act 1970;

• “the managers” means—

(a) in relation to a hospital vested in the Secretary of State for the purposes of his functions under the M4 National Health Service Act 1977, and in relation to any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under that Act, the [F4 Health Authority or Special Health Authority] responsible for the administration of the hospital;

(b) in relation to a special hospital, the Secretary of State;

[F5 (bb) in relation to a hospital vested in a National Health Service trust,F6 . . . the trust]

(c) in relation to a mental nursing home registered in pursuance of [F7 the Registered Homes Act 1984], the person or persons registered in respect of the home;

• and in this definition “hospital” means a hospital within the meaning of Part II of this Act;

• “medical treatment” includes nursing, and also includes care, habilitation and rehabilitation under medical supervision;

• “mental disorder”, “severe mental impairment”, “mental impairment” and “psychopathic disorder” have the meanings given in section 1 above;

• “mental nursing home” has the same meaning as in the [F7 the Registered Homes Act 1984];

• “nearest relative”, in relation to a patient, has the meaning given in Part II of this Act;

• “patient” (except in Part VII of this Act) means a person suffering or appearing to be suffering from mental disorder;

• “restriction direction” has the meaning given to it by section 49 above;

• “restriction order” has the meaning given to it by section 41 above;

• [F8 “Special Health Authority” means a Special Health Authority established under section 11 of the National Health Service Act 1977;]

• “special hospital” has the same meaning as in the M5 National Health Service Act 1977;

• F9 . . .

• “transfer direction” has the meaning given to it by section 47 above.

F10 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to a person who is liable to be detained or subject to guardianship by virtue of an order or direction under Part III of this Act (other than under section 35, 36 or 38), any reference in this Act to any enactment contained in Part II of this Act or in section 66 or 67 above shall be construed as a reference to that enactment as it applies to that person by virtue of Part III of this Act.

Textual Amendments

F3 Definition of “Health Authority” inserted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1, para. 107(14)(a)

F4 Words in definition of “the managers”substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1, para. 107(14)(b)

F5 In the definition of “the managers” paragraph (bb) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(9)

F6 Words in definition of "the managers" in s. 145(1) repealed (E.W.) (14.4.1994) by 1994 c. 6, ss. 1, 2(2)(3)

F7 Words substituted by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 1 para. 11

F8 Definition of “Special Health Authority”inserted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 9, Sch. 1, para. 107(14)(c)

F9 Definition in s. 145(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group. 2.

F10 S. 145(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Gp. 2.

Marginal Citations

M1 1977 c.49.

M2 1977 c. 49.

M3 1970 c. 42.

M4 1977 c. 49.

M5 1977 c. 49.

146 Application to Scotland. E+W+S

Sections 42(6), 80, 88 (and so far as applied by that section sections 18, 22 and 138), 104(4), 110 (and so much of Part VII of this Act as is applied in relation to Scotland by that section), 116, 122, 128 (except so far as it relates to patients subject to guardianship), 137, 139(1), 141, 142, 143 (so far as applicable to any Order in Council extending to Scotland) and 144 above shall extend to Scotland together with any amendment or repeal by this Act of or any provision of Schedule 5 to this Act relating to any enactment which so extends; but, except as aforesaid and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Scotland.

147 Application to Northern Ireland. E+W

Sections 81, 82, 86, 87, 88 (and so far as applied by that section sections 18, 22 and 138), 104(4), 110 (and so much of Part VII as is applied in relation to Northern Ireland by that section), section 128 (except so far as it relates to patients subject to guardianship), 137, 139, 141, 142, 143 (so far as applicable to any Order in Council extending to Northern Ireland) and 144 above shall extend to Northern Ireland together with any amendment or repeal by this Act of or any provision of Schedule 5 to this Act relating to any enactment which so extends; but except as aforesaid and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Northern Ireland.

148 Consequential and transitional provisions and repeals. E+W

(1) Schedule 4 (consequential amendments) and Schedule 5 (transitional and saving provisions) to this Act shall have effect but without prejudice to the operation of sections 15 to 17 of the M6 Interpretation Act 1978 (which relate to the effect of repeals).

(2) Where any amendment in Schedule 4 to this Act affects an enactment amended by the M7 Mental Health (Amendment) Act 1982 the amendment in Schedule 4 shall come into force immediately after the provision of the Act of 1982 amending that enactment.

(3) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

Marginal Citations

M6 1978 c. 30.

M7 1982 c. 51.

149 Short title, commencement and application to Scilly Isles. U.K.

(1) This Act may be cited as the Mental Health Act 1983.

(2) Subject to subsection (3) below and Schedule 5 to this Act, this Act shall come into force on 30th September 1983.

(3) Sections 35, 36, 38 and 40(3) above shall come into force on such day (not being earlier than the said 30th September) as may be appointed by the Secretary of State and a different day may be appointed for each of those sections or for different purposes of any of those sections.

(4) Section 130(4) of the M8 National Health Service Act 1977 (which provides for the extension of that Act to the Isles of Scilly) shall have effect as if the references to that Act included references to this Act.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 149(3) fully exercised: 1.10.1984 appointed by S.I. 1984/1357

Marginal Citations

M8 1977 c. 49.