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Mental Health Act 1983
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- 1983 c. 20
- Part IV
- Section 57
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Mental Health Act 1983, Section 57 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
- Act applied by 1996 c. 46 Sch. 2 para. 9(replacing1968 c 20 s. 23) (Act applied (prosp.) by 1968 c. 20, s. 23(4) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 9 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act applied (prosp.) by 1957 c. 53, s. 63C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act applied (prosp.) by 1955 c. 19, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix))
- Act applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act applied (prosp.) by 1955 c. 18, s. 116C(6) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 4(replacing1957 c 53 s. 63) (Act: Power to apply conferred (prosp.) by 1957 c. 53, s. 63B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 4 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 19 s. 116) (Act: Power to apply conferred (prosp.) by 1955 c. 19, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2, para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
- Act power to applied by 1996 c. 46 Sch. 2 para. 1(replacing1955 c 18 s 116) (Act: Power to apply conferred (prosp.) by 1955 c. 18, s. 116B(4)(c) (as substituted (prosp.) by 1996 c. 46, ss. 8, 36(2), Sch. 2 para. 1 which said amending provision was repealed (31.3.2005) by Domestic Violence, Crime and Victims Act 2004 (c. 28), ss. 58(2), 60, Sch. 11; S.I. 2005/579, art. 3(h)(i)(ix)))
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 74(8) inserted by 2015 c. 2 Sch. 3 para. 3(3)
57 Treatment requiring consent and a second opinion.E+W
(1)This section applies to the following forms of medical treatment for mental disorder—
(a)any surgical operation for destroying brain tissue or for destroying the functioning of brain tissue; and
(b)such other forms of treatment as may be specified for the purposes of this section by regulations made by the Secretary of State.
(2)Subject to section 62 below, a patient shall not be given any form of treatment to which this section applies unless he has consented to it and—
(a)a registered medical practitioner appointed for the purposes of this Part of this Act by [F1the regulatory authority](not being the [F2responsible clinician (if there is one) or the person in charge of the treatment in question]) and two other persons appointed for the purposes of this paragraph by [F1the regulatory authority](not being registered medical practitioners) have certified in writing that the patient is capable of understanding the nature, purpose and likely effects of the treatment in question and has consented to it; and
(b)the registered medical practitioner referred to in paragraph (a) above has certified in writing that [F3it is appropriate for the treatment to be given.]
(3)Before giving a certificate under subsection (2)(b) above the registered medical practitioner concerned shall consult two other persons who have been professionally concerned with the patient’s medical treatment [F4 but, of those persons—
(a)one shall be a nurse and the other shall be neither a nurse nor a registered medical practitioner; and
(b)neither shall be the responsible clinician (if there is one) or the person in charge of the treatment in question.]
(4)Before making any regulations for the purpose of this section the Secretary of State shall consult such bodies as appear to him to be concerned.
Textual Amendments
F1Words in s. 57(2)(a) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 2; S.I. 2009/462, art. 2, Sch. 1 para. 33
F2Words in s. 57(2)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(2)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F3Words in s. 57(2)(b) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 6(2)(a), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
F4Words in s. 57(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 12(2)(b), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)
Modifications etc. (not altering text)
C1S. 57(2)(a): functions transferred (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52(1)(a), 170 (with s. 96); S.I. 2009/462, art. 2, Sch. 1 para. 20
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