
Mental Health Act 1959
1959 CHAPTER 72 7 and 8 Eliz 2
An Act to repeal the Lunacy and Mental Treatment Acts 1890 to 1930, and the Mental Deficiency Acts 1913 to 1938, and to make fresh provision with respect to the treatment and care of mentally disordered persons and with respect to their property and affairs; and for purposes connected with the matters aforesaid.
[29th July 1959]
Modifications etc. (not altering text)
Commencement Information
Part IE+W Preliminary
1—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Part IIE+W Local Authority Services
Modifications etc. (not altering text)
General ProvisionsE+W
6, 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
8 Functions of welfare authorities.E+W
[(1)For the purposes of subsection (8) of section twenty-one of the National Assistance Act 1948 (which restricts the duties of local authorities in respect of the provision of accommodation under that section by reference to the provision authorised or required to be made under other enactments) no account shall be taken of the provision authorised or required to be made by [local social services authorities] under [paragraph 2 of Schedule 8 to the National Health Service Act 1977], with respect to residential accommodation for persons who are or have been suffering from mental disorder.]
(2)[The persons referred to in subsection (1) of section twenty-nine of the said Act of 1948 (which section enables local authorities to make arrangements for promoting the welfare of blind persons and other disabled persons described in the said subsection (1)) shall include mentally disordered persons of any description; and] for the purposes of subsection (6) of that section (which, among other things, excludes from that section the provision of accommodation or services required to be provided under the National Health Service Act 1946), no account shall be taken of the provisions of [Schedule 8 to the National Health Service Act 1977], with respect to the provision of [accommodation or]services for such persons.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)Nothing in this section shall be construed as requiring a local authority to make provision for the same purposes both under . . . Part III of the National Assistance Act 1948 [and under Schedule 8 to the National Health Service Act 1977].
Textual Amendments
Marginal Citations
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
11—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Part IIIE+W Mental Nursing Homes, Residential Homes, etc.
14—18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
19—21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
23
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Part IVE+W Compulsory Admission to Hospital and Guardianship
25—35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
37—43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
45—59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W
Part VE+W Admission of Patients Concerned in Criminal Proceedings, etc., and Transfer of Patients under Sentence
60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
62—68.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
70—76.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
77, 78.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Part VIE+W Removal and Return of Patients within United Kingdom, etc.
81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
82—84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
89, 90.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
92—96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Part VIIE+W Special Hospitals
97, 98.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Part VIIIE+W Management of Property and Affairs of Patients
100—119.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Part IXE+W Miscellaneous and General
Modifications etc. (not altering text)
122—124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
OffencesE+W
125, 126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
127 Amendment of Sexual Offences Act, 1956. E+W
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128Sexual intercourse with patients.E+W
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129, 130.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
131Prosecutions by local authorities.E+W
(1)A [local social services authority] may institute proceedings for any offence under this Part of this Act, but without prejudice to any provision of this Part of this Act requiring the consent of the Director of Public Prosecutions for the institution of such proceedings.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous provisionsU.K.
132, 133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
135—138.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
139—141. SupplementalE+W
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142 Default powers of Minister.E+W
(1)Where the Minister is of opinion, on complaint or otherwise, that a [local social services authority] have failed to carry out functions conferred or imposed on the authority by or under this Act or have in carrying out those functions failed to comply with any regulations relating thereto, he may after such inquiry as he thinks fit make an order declaring the authority to be in default.
(2)Subsections (3) to (5) of [section 85 of the National Health Service Act 1977] (which relates to orders declaring, among others, a local authority to be in default under that Act) shall apply in relation to an order under this section as they apply in relation to an order under that section.
Textual Amendments
Marginal Citations
143 Inquiries. E+W
The Minister may cause an inquiry to be held in any case where he thinks it advisable to do so in connection with any matter arising under this Act, and [subsections (2) to (5) of section 250 of the Local Government Act 1972] shall apply to any inquiry held under this Act, except that no local authority shall be ordered to pay costs under subsection (4) of that section in the case of any inquiry unless the authority is a party thereto.
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations
144 Expenses.E+W
(1)There shall be defrayed out of moneys provided by Parliament—
(a)any expenses incurred by the Minister or a Secretary of State under this Act;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)any increase attributable to this Act in the sums payable out of moneys provided by Parliament under any other enactment.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
145 General provisions as to regulations, orders and rules.E+W+S
(1)Any power of the Minister or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
147, 148.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
149 Minor and consequential amendments and repeals.E+W
(1)The enactments described in the first column of the Seventh Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)—(5).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Modifications etc. (not altering text)
150 Application to Scotland.U.K.
The following provisions of this Act shall extend to Scotland, that is to say—
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section one hundred and forty-five so far as applicable to any Order in Council extending to Scotland;
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Part II of the Seventh Schedule;
Part II of the Eighth Schedule;
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.
151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
152 Application to Northern Ireland.E+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act shall not extend to Northern Ireland.
153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
154 Short title and application to Scilly Isles.E+W
(1)This Act may be cited as the Mental Health Act 1959.
(2)[Section 130(4) of the 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.
Textual Amendments
Modifications etc. (not altering text)
Marginal Citations
SCHEDULES
FIRST SCHEDULEE+W . . .
SECOND SCHEDULEE+W . . .
THIRD SCHEDULEE+W . . .
FOURTH SCHEDULEE+W . . .
FIFTH SCHEDULEE+W . . .
Section 148.
SIXTH SCHEDULEE+W Transitional Provisions
Part IE+W
1, 2.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IIE+W
3—6.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IIIE+W Provisions relating to Parts IV and V
7—14.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transferred patientsE+W
15(1)—(3).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
(4)Section eighty-four of this Act shall apply to a transferred patient who having been a state mental patient in Scotland was immediately before the commencement of this Act liable to be detained in a hospital in England and Wales by virtue of subsection (3) of section sixty-three of the Criminal Justice Act 1948, or subsection (2) of section sixty-four of the Criminal Justice (Scotland) Act 1949, as if he had been removed to such a hospital from Scotland in pursuance of an order under the said subsection (2); and where he is treated by virtue of the said section eighty-four as if he had been removed to a hospital in pursuance of a transfer direction, he shall also be treated as if a direction restricting his discharge had been given as aforesaid.
(5),(6).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
16—23.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IVE+W
24—28.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 149, 150, 152.
Seventh ScheduleE+W+S MINOR AND CONSEQUENTIAL AMENDMENTS
Modifications etc. (not altering text)
Part IE+W
AMENDMENTS EXTENDING TO ENGLAND AND WALES ONLYE+W
Enactment | Amendment |
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The Fines and Recoveries Act , 1833, 3 & 4 Will,4. c. 74. | In section thirty-three, for the words from “lunatic” where it first occurs to “unsound mind as aforesaid” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of managing and administering his property and affairs, the judge having jurisdiction under Part VIII of that Act shall be the protector of the settlement in his stead so long as he is incapable as aforesaid”. |
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The Improvement of Land Act, 1864, 27 & 28 Vict. c. 114. | In section sixty-eight, for the words “committee, or trustee” there shall be substituted the words “or receiver”and for the words “lunatic, idiot” there shall be substituted the words “or patient within the meaning of Part VIII of the Mental Health Act, 1959”. |
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The Colonial Prisoners Removal Act, 1884, 47 & 48 Vict. c. 31. | In section ten, after subsection (2), there shall be added the following subsection—
“(3)Without prejudice to the foregoing provisions of this section, where a criminal lunatic is removed to England and Wales, then—
(a)except where he is a criminal lunatic by virtue of having been convicted of an offence and afterwards certified or otherwise lawfully proved to be insane, the Secretary of State may give the like direction in respect of him under section seventy-one of the Mental Health Act, 1959, as may be given in the case of a person to whom that section applies;
(b)in the said excepted case, the Secretary of State may give the like direction in respect of him under section seventy-two of that Act (with or without a direction under section seventy-four thereof) as may be given in the case of a person serving a sentence of imprisonment with respect to whom the Secretary of State is satisfied as mentioned in subsection (1) of that section”
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Enactment | Amendment |
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The Settled Land Act, 1925, 15 & 16 Geo. 5. c. 18. | In section sixty-eight, in subsection (3), for the words “a lunatic, or a defective” there shall be substituted the words “suffering from mental disorder”. |
The Trustee Act, 1925, 15 & 16 Geo. 5. c. 19. | In section thirty-six, the following subsection shall be substituted for subsection (9)—
“(9)Where a trustee is incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions as trustee and is also entitled in possession to some beneficial interest in the trust property, no appointment of a new trustee in his place shall be made by virtue of paragraph (b) of subsection (1) of this section unless leave to make the appointment has been given by the authority having jurisdiction under Part VIII of the Mental Health Act, 1959”
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Enactment | Amendment |
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| In section forty-one, in subsection (1), for the words “a lunatic or a defective” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions a s trustee”. |
| The following section shall be substituted for section fifty-four—
“54 Jurisdiction in regard to mental patients.(1)Subject to the provisions of this section, the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, shall not have power to make any order, or give any direction or authority, in relation to a patient who is a trustee if the High Court has power under this Act to make an order to the like effect.
(2)Where a patient is a trustee and a receiver appointed by the said authority is acting for him or an application for the appointment of a receiver has been made but not determined, then, except as respects a trust which is subject to an order for administration made by the High Court, the said authority shall have concurrent jurisdiction with the High Court in relation to—
(a)mortgaged property of which the patient has become a trustee merely by reason of the mortgage having been paid off;
(b)matters consequent on the making of provision by the said authority for the exercise of a power of appointing trustees or retiring from a trust;
(c)matters consequent on the making of provision by the said authority for the carrying out of any contract entered into by the patient;
(d)property to some interest in which the patient is beneficially entitled but which, or some interest in which, is held by the patient under an express, implied or constructive trust.
The Lord Chancellor may make rules with respect to the exercise of the jurisdiction referred to in this subsection.
(3)In this section “patient” means a patient as defined by section one hundred and one of the Mental Health Act, 1959, or a person as to whom powers are exercisable and have been exercised under section one hundred and four of that Act.”
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Enactment | Amendment |
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| In section fifty-five (except so far as it applies to vesting orders made before the commencement of this Act), for the words “the Lunacy Act,1890” there shall be substituted the words “Part VIII of the Mental Health Act, 1959” |
The Law of Property Act, 1925, 15 & 16 Geo. 5. c. 20. | The following section shall be substituted for section twenty-two—
“22 Conveyances on behalf of persons suffering from mental disorder and as to land held by them on trust for sale.(1)Where a legal estate in land (whether settled or not) is vested in a person suffering from mental disorder, either solely or jointly with any other person or persons, his receiver or (if no receiver is acting for him) any person authorised in that behalf shall, under an order of the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, or of the court, or under any Statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in his name and on his behalf.
(2)If land held on trust for sale is vested, either solely or jointly with any other person or persons, in a person who is incapable, by reason of mental disorder, of excercising his functions as trustee, a new trustee shall be appointed in the place of that person, or he shall be otherwise discharged from the trust, before the legal estate is dealt with under the trust for sale or under the powers vested in the trustees for sale.”
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| In section two hundred and five, in subsection (1), the following paragraph shall be substituted for paragraph (xiii)—
“(xiii)“mental disorder” has the meaning assigned to it by section four of the Mental Health Act, 1959, and “receiver”, in relation to a person suffering from mental disorder, means a receiver appointed for that person under Part VIII of that Act;”
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The Administration of Estates Act, 1925, 15 & 16 Geo. 5. c.23. | In section forty-one, in subsection (1), in paragaph (ii) of the proviso, for the words “a lunatic or defective” there shall be substituted the words “is incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of managing and administering his property and affairs” and the word “committee” shall be omitted, and in paragraph (iv) of the proviso, for the words from “committee” to “appointed” there shall be substituted the words “receiver is acting for a person suffering from mental disorder”, and for the words “lunatic or defective” in the second place where they occur there shall be substituted the words “said person”. |
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The Children and Young Persons Act, 1933, 23 & 24 Goe. 5. c.12. | In section ninety-two, for the words from “but does not include” to the end of the section there shall be substituted the words “but does not include any mental nursing home or residential home for mentally disordered persons within the meaning of Part III of the Mental Health Act, 1959”. |
| In the Fourth Schedule, in paragraph 4, the words from “and shall” to the end of the paragraph shall be omitted. |
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The National Assistance Act, 1948, 11 & 12 Geo. 6. c. 29. | In section forty-nine, for the words from “section one” to “that section” there shall be substituted the words “Part VIII of the Mental Health Act, 1959, as receiver for a patient or as a person otherwise having functions in relation to the property and affairs of a patient”, and for the words “the said powers” there shall be substituted the words “such functions”. |
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The Sexual Offences Act,1956, 4 & 5 Eliz. 2. c. 69. | In the Second Schedule, in paragraph 1, in the fourth column, for the words “an idiot or imbecile” there shall be substituted the words “a defective”; in paragraph 11 in the first column, for the words “idiot or imbeclie” there shall be substituted the word “defective”; and in paragraph 14, in the fourth column, for the words “an idiot or imbecile” there shall be substituted the words “a defective”. |
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The Variation of Trusts Act, 1958, 6 & 7 Eliz. 2. c. 53. | In section one, in subsection (3), for the words from “the Judge” to the end of the subsection there shall be substituted the words “the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, if that person is a patient within the meaning of the said Part VIII”, and in subsection (6), for the words from “section one hundred and seventy-one” to the end of the subsection there shall be substituted the words “the powers of the authority having jurisdiction under Part VIII of the Mental Health Act, 1959”. |
The Local Government Act, 1958, 6 & 7 Eliz. 2. c. 55. | In section forty-six, in subsection (1), references to Part III of the National Health service Act, 1946, and to section twenty-eight of that Act, and references to sections twenty-nine and thirty of the National Assistance Act, 1948, shall include references to those enactments as amended by this Act; and for paragraphs (d) and (e) there shall be substituted the following paragraph—
“(d)the Mental Health Act, 1959, except so far as it amends Part III of the National Health Service Act, 1946”
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Enactment | Amendment |
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| In Part III of the First Schedule, in paragraph 4, in sub-paragraph (1), for the words “occupation centres provided for the purposes of paragraph (cc) of section thirteen of the Mental Deficiency Act, 1913” there shall be substituted the words “centres provided under section twenty-eight of the National Health Service Act, 1946, for the occupation or training of persons who are or have been suffering from mental disorder” and, in paragraph (2), after “occupation” there shall be inserted “or training”. |
PART IIE+W+S OTHER AMENDMENTS
Enactment | Amendments |
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The Adoption Act, 1958, 7 & 8 Eliz. 2. c. 5. | In section thirty-seven, in subsection (3), at the end there shall be added the words “nor while he is liable to be detained, subject to guardianship or resident as mentioned in subsection (4) of that section”. |
EIGHTH SCHEDULEE+W+S
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