Mental Health Act 1983

134 Correspondence of patients. E+W

(1) A postal packet addressed to any person by a patient detained in a hospital under this Act and delivered by the patient for dispatch may be withheld from [F1 the postal operator concerned]—

(a) if that person has requested that communications addressed to him by the patient should be withheld; or

(b) subject to subsection (3) below, if the hospital is [F2 one at which high security psychiatric services are provided] and the managers of the hospital consider that the postal packet is likely—

(i) to cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital); or

(ii) to cause danger to any person;

and any request for the purposes of paragraph (a) above shall be made by a notice in writing given to the managers of the hospital, the [F3 approved clinician with overall responsibility for the patient's case] or the Secretary of State.

(2) Subject to subsection (3) below, a postal packet addressed to a patient detained [F4 under this Act in a hospital at which high security psychiatric services are provided] may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.

(3) Subsections (1)(b) and (2) above do not apply to any postal packet addressed by a patient to, or sent to a patient by or on behalf of—

(a) any Minister of the Crown [F5 or the Scottish Ministers] or Member of either House of Parliament [F5 or member of the Scottish Parliament] [F6 or of the Northern Ireland Assembly];

[F7 (aa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;]

[F8 (b) any judge or officer of the Court of Protection, any of the Court of Protection Visitors or any person asked by that Court for a report under section 49 of the Mental Capacity Act 2005 concerning the patient;]

(c) the Parliamentary Commissioner for Administration, [F9 the Scottish Public Services Ombudsman,] [F10 the Public Services Ombudsman for Wales] the Health Service Commissioner for England, F11 . . . or a Local Commissioner within the meaning of Part III of the M1 Local Government Act 1974;

[F12 (ca) the Care Quality Commission;]

(d) [F13 the First-tier Tribunal or the Mental Health Review Tribunal for Wales];

(e) a [F14 [F15 Strategic Health Authority,] [F16 Local Health Board][F17 , Special Health Authority or Primary Care Trust]], a local social services authority, a Community Health Council F18 . . . [F19 , a] [F20 Local probation board established under section 4 of the Criminal Justice and Court Services Act 2000)] [F21 or a provider of probation services];

[F22 (ea) a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers;

(eb) a provider of independent advocacy services for the patient;]

(f) the managers of the hospital in which the patient is detained;

(g) any legally qualified person instructed by the patient to act as his legal adviser; or

(h) the European Commission of Human Rights or the European Court of Human Rights.

[F23 and for the purposes of paragraph (d) above the reference to the First-tier Tribunal is a reference to that tribunal so far as it is acting for the purposes of any proceedings under this Act or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 F24 . ]

[F25 (3A) In subsection (3) above—

(a) “ patient advocacy and liaison service ” means a service of a description prescribed by regulations made by the Secretary of State, and

“ independent advocacy services ” means services provided under arrangements under [F26 section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006 ]. ]

[F27 (b) “ independent advocacy services ” means services provided under—

(i) arrangements under section 130A [F28 or section 130E ] above;

(ii) arrangements under [F29 section 223A of the Local Government and Public Involvement in Health Act 2007] or section 187 of the National Health Service (Wales) Act 2006; or

(iii) arrangements of a description prescribed as mentioned in paragraph (a) above.]

(4) The managers of a hospital may inspect and open any postal packet for the purposes of determining—

(a) whether it is one to which subsection (1) or (2) applies, and

(b) in the case of a postal packet to which subsection (1) or (2) above applies, whether or not it should be withheld under that subsection;

and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it.

(5) Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing.

(6) Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) above the managers of the hospital shall within seven days give notice of that fact to the patient and, in the case of a packet withheld under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall be given in writing and shall contain a statement of the effect of [F30 section 134A(1) to (4)].

(7) The functions of the managers of a hospital under this section shall be discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose and different persons may be appointed to discharge different functions.

(8) The Secretary of State may make regulations with respect to the exercise of the powers conferred by this section.

(9) In this section [F31 and section 134A] “hospital” has the same meaning as in Part II of this Act [F32 and “postal operator” and], “postal packet” [F33 have] the same meaning as in [F34 Part 3 of the Postal Services Act 2011 (see section 27)]. . . .

Textual Amendments

F1 Words in s. 134(1) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(2); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F2 Words in s. 134(1)(b) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 68; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F3 Words in s. 134(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 14(4), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F4 Words in s. 134(2) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 68; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F5 Words in s. 134(3)(a) inserted (1.7.1999) by S.I. 1999/1820, art 4, Sch. 2 Pt. I, para. 71 (with art. 5); S.I. 1998/3178, art. 2

F6 Words in s. 134(3)(a) inserted (2.12.1999) by 1998 c. 47, s. 99, Sch. 13, para. 5(2); S.I. 1999/3209, art. 2, Sch.

F7 S. 134(3)(aa) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 18 (the amendment comming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F8 S. 134(3)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 29(2) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F9 Words in s. 134(3)(c) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 9

F10 Words in s. 134(3)(c) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 21(a); S.I. 2005/2800, art. 5(1) (with art. 5(2))

F11 Words in s. 134(3)(c) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 21(b), Sch. 7; S.I. 2005/2800, art. 5(1) (with art. 5(2))

F12 S. 134(3)(ca) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(2); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F13 Words in s. 134(3)(d) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 65(a)

F14 Words in 134(3)(e) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 5(1)(2), Sch. 1, Pt. III, para. 107(10) (with ss. 2(3), 8)

F15 Words in s. 134(3)(e) inserted (1.10.2002) by S.I. 2002/2469, reg. 4, Sch. 1 Pt. 1 para. 10(2)

F16 Words in s. 134(3)(e) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(10)

F17 Words in s. 134(3)(e) substituted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(7) (with art. 2(5))

F18 Words in s. 134(3)(e) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F19 Words in s. 134(3)(e) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 7(2)

F20 Words in s. 134(3)(e) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 74; S.I. 2001/919, art. 2(f)

F21 Words in s. 134(3)(e) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 7(2)

F22 S. 134(3)(ea)(eb) inserted (1.7.2002 for W. and 1.9.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 6(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 2; S.I. 2003/2245, art. 2(b)

F23 Words in s. 134(3) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 65(b)

F24 1984 c.47.

F25 S. 134(3A) inserted (1.7.2002 for W. and 1.9.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 6(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 2; S.I. 2003/2245, art. 2(b)

F26 Words in s. 134(3A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s.2, Sch. 1 para. 68 (with Sch. 3 Pt. 1)

F27 S. 134(3A)(b) substituted (1.4.2008 for certain purposes, 3.11.2008 for further purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12), ss. 30(3), 56 (with Sch. 10); S.I. 2008/745, art. 2(b)(ii); S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a) (with Sch. paras. 3, 4)

F28 Words in s. 134(3A)(b)(i) inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 8; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)

F29 Words in s. 134(3A)(b)(ii) substituted (27.3.2012 for specified purposes, otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 185(3), 306(1)(d), (4); S.I 2013/106, art. 2 (with arts. 7-9)

F30 Words in s. 134(6) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(3); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F31 Words in s. 134(9) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(4); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F32 Words in s. 134(9) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(3)(a); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F33 Words in s. 134(9) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(3)(b); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F34 Words in s. 134(9) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 115; S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C1 S. 134(3)(c) extended in part (1.7.1999) by S.I. 1999/1351, art. 17(2)(b) (with art. 18); S.I. 1998/3178, art. 2

Marginal Citations

M1 1974 c. 7.