Mental Health Act 1959

SCHEDULES

FIRST SCHEDULE E+W . . . F1

Textual Amendments

F1 Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

SECOND SCHEDULE E+W . . . F2

Textual Amendments

F2 Ss. 11—13, Sch. 2 repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch.

THIRD SCHEDULE E+W . . . F3

Textual Amendments

F3 Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

FOURTH SCHEDULE E+W . . . F4

Textual Amendments

F4 S. 120, Sch. 4 repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

FIFTH SCHEDULE E+W . . . F5

Textual Amendments

F5 Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Section 148.

SIXTH SCHEDULE E+W Transitional Provisions

Part I E+W

1, 2. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part II E+W

3—6. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part III E+W Provisions relating to Parts IV and V

7—14. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Transferred patients E+W

15 (1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 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 M1 Criminal Justice Act 1948, or subsection (2) of section sixty-four of the M2 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Marginal Citations

M1 1948 c. 58.

M2 1949 c. 94.

16—23. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F10 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part IV E+W

24—28. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

F11 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Sections 149, 150, 152.

Seventh Schedule E+W+S MINOR AND CONSEQUENTIAL AMENDMENTS

Modifications etc. (not altering text)

C1 The text of Sch. 7 Pts. I and II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I E+W

AMENDMENTS EXTENDING TO ENGLAND AND WALES ONLY E+W

Enactment	Amendment
F12 . . .	F12 . . .
	. . . F13
	. . . F14
. . . F15	. . . F15
F12 . . .	F12 . . .
. . . F16	. . . F16
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”

Enactment	Amendment
. . . F17	. . . F17
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”

Enactment	Amendment
	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.”

Enactment	Amendment
	F12 . . .
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.”

Enactment	Amendment
	... F18
	... F19
	F12 . . .

Enactment	Amendment
F20 . . .	F20 . . .
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”.
. . . F21	. . . F21
F22 . . .	F22 . . .
	F22 . . .
. . . F23	. . . F23
. . . F24	. . . F24
. . . F25	. . . F25
. . . F24	. . . F24
. . . F26	. . . F26
. . . F27	. . . F27
. . . F28	. . . F28
. . . F29	. . . F29
F12 . . .	F12 . . .
. . . F30	. . . F30
. . . F31	. . . F31
. . . F32	. . . F32
. . . F33	. . . F33
. . . F29	. . . F29
. . . F34	. . . F34
. . . F35	. . . F35
. . . F36	. . . F36
. . . F37	. . . F37
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”.
. . . F38	. . . F38
. . . F39	. . . F39
F12 . . .	F12 . . .
F22 . . .	F22 . . .

Textual Amendments

F12 Sch. 7 Pt. 1 entries repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F13 Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

F14 Sch. 7 entry relating to the Fines and Recoveries Act 1833, the words from “In section ninety-one” onwards repealed by Statute Law (Repeals) Act 1969

F15 Sch. 7 entry relating to the amendments of the Court of Chancery of Lancaster Act 1850 repealed by Courts Act 1971 (c. 23) s. 56(4), Sch. 11 Pt. II

F16 Sch. 7 entry relating to the Habitual Drunkards Act 1879 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. I Pt. Il

F17 Sch. 7 Pt. I entry relating to: Forgery Act 1913 (c. 27) repealed by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), Sch. Pt. I

F18 Sch. 7 entry relating to the Law of Property Act 1925 repealed (1.1.1997) by 1996 c. 47, ss. 25(2), sch. 4 (with s. 24(2)); S.I.1996/2974, art. 2

F19 Sch. 7 entry relating to the Law of Property Act 1925 repealed (1.1.1997) by 1996 c. 47, ss. 25(2), sch. 4 (with s. 24(2)); S.I.1996/2974, art. 2

F20 Sch. 7 entry repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

F21 Sch. 7 Pt. I entry relating to: Supreme Court of Judicature (Consolidation) Act 1925 (c. 49) repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

F22 Sch. 7 entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8

F23 Sch. 7 entry relating to the Public Health Act 1936 repealed with (saving) by Nursing Homes Act 1975 (c. 37), s. 22(2)(3), Sch. 2 paras. 3, 5, Sch. 3

F24 Sch. 7 entries relating to the Public Health (London) Act 1936 and the London Government Act 1939 repealed by London Government Act 1963 (c. 33), s. 93(1), Sch. 18 Pt. II

F25 Sch. 7 Pt. I entry relating to: Limitation Act 1939 (c. 21) repealed by Limitation Act 1980 (c. 58, SIF 79), Sch. 4

F26 Sch. 7 entry relating to Education Act 1944 repealed by Education (Handicapped Children) Act 1970 (c. 52), s. 2, Sch.

F27 Sch. 7 entry relating to The Teachers' Superannuation Act 1945 repealed by The Teachers' Superannuation Act 1965 (c. 83), ss. 2(1)()c), 8(1)(b), Sch. 3 Pt. II

F28 Sch. 7 entry relating to the amendment of s. 63 of the National Health Service Act 1946 repealed by Health Services and Public Health Act 1968 (c. 46), s. 78(2), Sch. 4

F29 Sch. 7 entries relating to the National Health Service Act 1946, and the National Health Service (Amendment) Act 1949 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

F30 Sch. 7 entry relating to the Children Act 1948 repealed by Children Act 1975 (c. 72), s. 108(1)(b), Sch. 4 Pt. V

F31 Sch. 7 entry relating to the Criminal Justice Act 1948 repealed by Powers of Criminal Courts Act 1973 (c. 62), s. 56(2), Sch. 6

F32 Sch. 7 entry relating to the National Service Act 1948 repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. I

F33 Sch. 7 entries relating to the Recall of Army and Air Force Pensioners Act 1948, the Naval Enlistment Act 1884, the Army Act 1955, the Air Force Act 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 repealed by Mental Health (Scotland) Act 1960 (c. 61), s. 113(2), Sch. 5

F34 Sch. 7 entry relating to the Matrimonial Causes Act 1950 repealed by Matrimonial Causes Act 1965 (c. 72), s. 45, Sch. 2

F35 Sch. 7 entry relating to the Costs in Criminal Cases Act 1952 repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21(2), Sch. 2

F36 Sch. 7 Pt. I entry relating to: Magistrates' Courts Act 1952 (c. 55) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F37 Sch. 7 entry relating to the Local Government Superannuation Act 1953 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

F38 Sch. 7 Pt. I entry relating to: Nurses Act 1957 (c. 15) repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8

F39 Sch. 7 entry relating to the amendment of the Solicitors Act 1957 repealed by Solicitors (Amendment) Act 1974 (c. 26), s. 19(5)(6), Sch. 3 Pt. I

PART II E+W+S OTHER AMENDMENTS

Enactment	Amendments
. . . F40	. . . F40
. . . F41	. . . F41
. . . F42	. . . F42
. . . F43	. . . F43
. . . F44	. . . F44
. . . F42	. . . F42
. . . F45	. . . F45
. . . F46	. . . F46
. . . F40	. . . F40
. . . F47	. . . F47
F22 . . .	F22 . . .

Textual Amendments

F40 Sch. 7 entries relating to the Recall of Army and Air Force Pensioners Act 1948, the Naval Enlistment Act 1884, the Army Act 1955, the Air Force Act 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 repealed by Mental Health (Scotland) Act 1960 (c. 61), s. 113(2), Sch. 5

F41 Sch. 7 entry relating to the Pharmacy and Poisons Act 1933 repealed by Poisons Act 1972 (c. 66), s. 12(1), Sch. 3

F42 Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

F43 Ss. 19–21, 23(1), Sch. 7 Part II entry relating to: National Assistance Act 1948 (c. 29), s. 37 repealed by Residential Homes Act 1980 (c. 7), Sch. 2

F44 Sch. 7 entry relating to the Children Act 1948 repealed by Local Authority Social Services Act 1970 (c. 42), s. 14(2), Sch. 3

F45 Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

F46 Sch. 7 Part II entry relating to: Administration of Justice (Pensions) Act 1950 (c. 11) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4

F47 Sch. 7 Part II entry relating to: Children Act 1958 (c. 65) repealed by Foster Children Act 1980 (c. 6), Sch. 2

F48 F48 EIGHTH SCHEDULE E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F48 Sch. 8 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. 1 Pt. XI