Mental Health Act 1983

1. Introductory Text

2. Part I Application of Act

   1. 1. Application of Act: “mental disorder”.

3. Part II Compulsory Admission to Hospital and Guardianship

   1. Procedure for hospital admission

      1. 2. Admission for assessment.

      2. 3. Admission for treatment.

      3. 4. Admission for assessment in cases of emergency.

      4. 5. Application in respect of patient already in hospital.

      5. 6. Effect of application for admission.

   2. Guardianship

      1. 7. Application for guardianship.

      2. 8. Effect of guardianship application, etc.

      3. 9. Regulations as to guardianship.

      4. 10. Transfer of guardianship in case of death, incapacity, etc., of guardian.

   3. General provisions as to applications and recommendations

      1. 11. General provisions as to applications.

      2. 12. General provisions as to medical recommendations.

      3. 12ZA. Agreement for exercise of approval function: England

      4. 12ZB. Requirement to exercise approval functions: England

      5. 12ZC. Provision of information for the purposes of section 12ZA or 12ZB

      6. 12A. Conflicts of interest

      7. 13. Duty of approved mental health professionals to make applications for admission or guardianship.

      8. 14. Where a patient is admitted to a hospital in pursuance...

      9. 15. Rectification of applications and recommendations.

   4. Position of patients subject to detention or guardianship

      1. 16. Reclassification of patients.

      2. 17. Leave of absence from hospital.

      3. 17A. Community treatment orders

      4. 17B. Conditions

      5. 17C. Duration of community treatment order

      6. 17D. Effect of community treatment order

      7. 17E. Power to recall to hospital

      8. 17F. Powers in respect of recalled patients

      9. 17G. Effect of revoking community treatment order

      10. 18. Return and readmission of patients absent without leave.

      11. 19. Regulations as to transfer of patients.

      12. 19A. Regulations as to assignment of responsibility for community patients

   5. Duration of authority and discharge

      1. 20. Duration of authority.

      2. 20A. Community treatment period

      3. 20B. Effect of expiry of community treatment order

      4. 21. Special provisions as to patients absent without leave.

      5. 21A. Patients who are taken into custody or return within 28 days.

      6. 21B. Patients who are taken into custody or return after more than 28 days.

      7. 22. Special provisions as to patients sentenced to imprisonment, etc.

      8. 23. Discharge of patients.

      9. 24. Visiting and examination of patients.

      10. 25. Restrictions on discharge by nearest relative.

   6. After-care under supervision

      1. 25A. Application for supervision.

      2. 25B. Making of supervision application.

      3. 25C. Supervision applications: supplementary.

      4. 25D. Requirements to secure receipt of after-care under supervision.

      5. 25E. Review of after-care under supervision etc.

      6. 25F. Reclassification of patient subject to after-care under supervision.

      7. 25G. Duration and renewal of after-care under supervision.

      8. 25H. Ending of after-care under supervision.

      9. 25I. Special provisions as to patients sentenced to imprisonment etc.

      10. 25J. Patients moving from Scotland to England and Wales.

   7. Functions of relatives of patients

      1. 26. Definition of “relative” and “nearest relative”.

      2. 27. Children and young persons in care.

      3. 28. Nearest relative of minor under guardianship, etc.

      4. 29. Appointment by court of acting nearest relative.

      5. 30. Discharge and variation of orders under s. 29.

   8. Supplemental

      1. 31. Procedure on applications to county court.

      2. 32. Regulations for purposes of Part II.

      3. 33. Special provisions as to wards of court.

      4. 34. Interpretation of Part II.

4. Part III Patients Concerned in Criminal Proceedings or Under Sentence

   1. Remands to hospital

      1. 35. Remand to hospital for report on accused’s mental condition.

      2. 36. Remand of accused person to hospital for treatment.

   2. Hospital and guardianship orders

      1. 37. Powers of courts to order hospital admission or guardianship.

      2. 38. Interim hospital orders.

      3. 39. Information as to hospitals.

      4. 39A. Information to facilitate guardianship orders.

      5. 40. Effect of hospital orders, guardianship orders and interim hospital orders.

   3. Restriction orders

      1. 41. Power of higher courts to restrict discharge from hospital.

      2. 42. Powers of Secretary of State in respect of patients subject to restriction orders.

      3. 43. Power of magistrates’ courts to commit for restriction order.

      4. 44. Committal to hospital under s. 43.

      5. 45. Appeals from magistrates’ courts.

   4. Hospital and limitation directions

      1. 45A. Power of higher courts to direct hospital admission.

      2. 45B. Effect of hospital and limitation directions.

   5. Detention during Her Majesty’s pleasure

      1. 46. Persons ordered to be kept in custody during Her Majesty’s pleasure.

   6. Transfer to hospital of prisoners, etc.

      1. 47. Removal to hospital of persons serving sentences of imprisonment, etc.

      2. 48. Removal to hospital of other prisoners.

      3. 49. Restriction on discharge of prisoners removed to hospital.

      4. 50. Further provisions as to prisoners under sentence.

      5. 51. Further provisions as to detained persons.

      6. 52. Further provisions as to persons remanded by magistrates’ courts.

      7. 53. Further provisions as to civil prisoners and persons detained under the Immigration Acts.

   7. Supplemental

      1. 54. Requirements as to medical evidence.

      2. 54A. Reduction of period for making hospital orders.

      3. 55. Interpretation of Part III.

5. Part IV Consent to Treatment

   1. 56. Patients to whom Part IV applies.

   2. 57. Treatment requiring consent and a second opinion.

   3. 58. Treatment requiring consent or a second opinion.

   4. 58A. Electro-convulsive therapy, etc.

   5. 59. Plans of treatment.

   6. 60. Withdrawal of consent.

   7. 61. Review of treatment.

   8. 62. Urgent treatment.

   9. 62A. Treatment on recall of community patient or revocation of order

   10. 63. Treatment not requiring consent.

   11. 64. Supplementary provisions for Part IV.

6. Part 4A Treatment of community patients not recalled to hospital

   1. 64A. Meaning of “relevant treatment”

   2. 64B. Adult community patients

   3. 64C. Section 64B: supplemental

   4. 64D. Adult community patients lacking capacity

   5. 64E. Child community patients

   6. 64F. Child community patients lacking competence

   7. 64FA. Withdrawal of consent

   8. 64G. Emergency treatment for patients lacking capacity or competence

   9. 64H. Certificates: supplementary provisions

   10. 64I. Liability for negligence

   11. 64J. Factors to be considered in determining whether patient objects to treatment

   12. 64K. Interpretation of Part 4A

7. Part V Mental Health Review Tribunals

   1. Constitution etc.

      1. 65. Mental Health Review Tribunal for Wales.

   2. Applications and references concerning Part II patients

      1. 66. Applications to tribunals.

      2. 67. References to tribunals by Secretary of State concerning Part II patients.

      3. 68. Duty of managers of hospitals to refer cases to tribunal.

      4. 68A. Power to reduce periods under section 68

   3. Applications and references concerning Part III patients

      1. 69. Applications to tribunals concerning patients subject to hospital and guardianship orders.

      2. 70. Applications to tribunals concerning restricted patients.

      3. 71. References by Secretary of State concerning restricted patients.

   4. Discharge of patients

      1. 72. Powers of tribunals.

      2. 73. Power to discharge restricted patients.

      3. 74. Restricted patients subject to restriction directions.

      4. 75. Applications and references concerning conditionally discharged restricted patients.

   5. General

      1. 76. Visiting and examination of patients.

      2. 77. General provisions concerning tribunal applications.

      3. 78. Procedure of Mental Health Review Tribunal for Wales.

      4. 78A. Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal

      5. 79. Interpretation of Part V.

8. Part VI Removal and Return of Patients Within United Kingdom, etc.

   1. Removal to and from Scotland

      1. 80. Removal of patients to Scotland.

      2. 80ZA. Transfer of responsibility for community patients to Scotland

      3. 80A. Transfer of responsibility for conditionally discharged patients to Scotland

      4. 80B. Removal of detained patients from Scotland

      5. 80C. Removal of patients subject to compulsion in the community from Scotland

      6. 80D. Transfer of conditionally discharged patients from Scotland

   2. Removal to and from Northern Ireland

      1. 81. Removal of patients to Northern Ireland.

      2. 81ZA. Removal of community patients to Northern Ireland

      3. 81A. Transfer of responsibility for patients to Northern Ireland.

      4. 82. Removal to England and Wales of patients from Northern Ireland.

      5. 82A. Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland

   3. Removal to and from Channel Islands and Isle of Man

      1. 83. Removal of patients to Channel Islands or Isle of Man.

      2. 83ZA. Removal or transfer of community patients to Channel Islands or Isle of Man

      3. 83A. Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man

      4. 84. Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.

      5. 85. Patients removed from Channel Islands or Isle of Man.

      6. 85ZA. Responsibility for community patients transferred from Channel Islands or Isle of Man

      7. 85A. Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man

   4. Removal of aliens

      1. 86. Removal of alien patients.

   5. Return of patients absent without leave

      1. 87. Patients absent from hospitals in Northern Ireland.

      2. 88. Patients absent from hospitals in England and Wales.

      3. 89. Patients absent from hospitals in the Channel Islands or Isle of Man.

   6. General

      1. 90. Regulations for purposes of Part VI.

      2. 91. General provisions as to patients removed from England and Wales.

      3. 92. Interpretation of Part VI.

9. Part VII Management of Property and Affairs of Patients

   1. 93. Judicial authorities and Court of Protection.

   2. 94. Exercise of the judge’s functions: “the patient”.

   3. 95. General functions of the judge with respect to property and affairs of patient.

   4. 96. Powers of the judge as to patient’s property and affairs.

   5. 97. Supplementary provisions as to wills executed under s. 96.

   6. 98. Judge’s powers in cases of emergency.

   7. 99. Power to appoint receiver.

   8. 100. Vesting of stock in curator appointed outside England and Wales.

   9. 101. Preservation of interests in patient’s property.

   10. 102. Lord Chancellor’s Visitors.

   11. 103. Functions of Visitors.

   12. 104. General powers of the judge with respect to proceedings.

   13. 105. Appeals.

   14. 106. Rules of procedure.

   15. 107. Security and accounts.

   16. 108. General provisions as to rules under Part VII.

   17. 109. Effect and proof of orders, etc.

   18. 110. Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.

   19. 111. Construction of references in other Acts to judge or authority having jurisdiction under Part VII.

   20. 112. Interpretation of Part VII.

   21. 113. Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.

10. Part VIII Miscellaneous Functions of Local Authorities and the Secretary of State

    1. Approved mental health professionals

       1. 114. Approval by local social services authority.

       2. 114ZA. Approval of courses: England

       3. 114A. Approval of courses: Wales

       4. 115. Powers of entry and inspection.

    2. Visiting patients

       1. 116. Welfare of certain hospital patients.

    3. After-care

       1. 117. After-care.

       2. 117A. After-care: preference for particular accommodation

       3. 117B. After-care: exception for provision of nursing care

    4. Functions of the Secretary of State

       1. 118. Code of practice.

       2. 119. Practitioners approved for Part IV and s. 118.

       3. 120. General protection of relevant patients.

       4. 120A. Investigation reports

       5. 120B. Action statements

       6. 120C. Provision of information

       7. 120D. Annual reports

       8. 121. Mental Health Act Commission.

       9. 122. Provision of pocket money for in-patients in hospital.

       10. 123. Transfers to and from special hospitals.

       11. 124. Default powers of Secretary of State.

       12. 125. Inquiries.

11. Part IX Offences

    1. 126. Forgery, false statements, etc.

    2. 127. Ill-treatment of patients.

    3. 128. Assisting patients to absent themselves without leave, etc.

    4. 129. Obstruction.

    5. 130. Prosecutions by local authorities.

12. Part X Miscellaneous and Supplementary

    1. Miscellaneous provisions

       1. 130A. Independent mental health advocates: England

       2. 130B. Arrangements under section 130A

       3. 130C. Section 130A: supplemental

       4. 130D. Duty to give information about independent mental health advocates

       5. 130E. Independent mental health advocates: Wales

       6. 130F. Arrangements under section 130E for Welsh qualifying compulsory patients

       7. 130G. Arrangements under section 130E for Welsh qualifying informal patients

       8. 130H. Independent mental health advocates for Wales: supplementary powers and duties

       9. 130I. Welsh qualifying compulsory patients

       10. 130J. Welsh qualifying informal patients

       11. 130K. Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients

       12. 130L. Duty to give information about independent mental health advocates to Welsh qualifying informal patients

       13. 131. Informal admission of patients.

       14. 131A. Accommodation, etc. for children

       15. 132. Duty of managers of hospitals to give information to detained patients.

       16. 132A. Duty of managers of hospitals to give information to community patients

       17. 133. Duty of managers of hospitals to inform nearest relatives of discharge.

       18. 134. Correspondence of patients.

       19. 134A. Review of decisions to withhold correspondence

       20. 135. Warrant to search for and remove patients.

       21. 136. Removal etc of mentally disordered persons without a warrant

       22. 136A. Use of police stations as places of safety

       23. 136B. Extension of detention

       24. 136C. Protective searches

       25. 137. Provisions as to custody, conveyance and detention.

       26. 138. Retaking of patients escaping from custody.

       27. 139. Protection for acts done in pursuance of this Act.

       28. 140. Notification of hospitals having arrangements for special cases.

       29. 141. Members of Parliament suffering from mental illness.

       30. 142. Pay, pensions, etc., of mentally disordered persons.

       31. 142A. Regulations as to approvals in relation to England and Wales

       32. 142B. Delegation of powers of managers of NHS foundation trusts

    2. Supplemental

       1. 143. General provisions as to regulations, orders and rules.

       2. 144. Power to amend local Acts.

       3. 145. Interpretation.

       4. 146. Application to Scotland.

       5. 147. Application to Northern Ireland.

       6. 148. Consequential and transitional provisions and repeals.

       7. 149. Short title, commencement and application to Scilly Isles.

13. SCHEDULES

    1. SCHEDULE 1

       Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders

       1. Part I Patients Not Subject to Special Restrictions

          1. 1. Sections 9, 10, 17 to 17C, 17E, 17F, 20A ,...

          2. 2. Sections . . . 17D, 17G, 18 to 20, 20B,...

          3. 2A. In section 17D(2)(a) for the reference to section 6(2) above...

          4. 2B. In section 17G— (a) in subsection (2) for the reference...

          5. 3. In section 16(1) for references to an application for admission...

          6. 4. In section 18 subsection (5) shall be omitted.

          7. 5. In section 19(2) for the words from “as follows” to...

          8. 5A. In section 19A(2), paragraph (b) shall be omitted.

          9. 6. In subsection 20— (a) in subsection (1) for the words...

          10. 6A. In section 20B(1), for the reference to the application for...

          11. 7. In section 22 for references to an application for admission...

          12. 8. In section 23(2)— (a) in paragraph (a) the words “for...

          13. 8A. In sections 25A(1)(a) and 25B(5)(a) for the words “in pursuance...

          14. 9. In section 66— (a) in subsection (1), paragraphs (a), (b),...

          15. 10. In section 68— (a) in subsection (1) paragraph (a) shall...

       2. Part II Patients Subject to Special Restrictions

          1. 1. Sections 24(3) and (4), 32 and 76 shall apply in...

          2. 2. Sections 17, 18, 19 , 22, 23 and 34 shall...

          3. 3. In section 17— (a) in subsection (1) after the word...

          4. 4. In section 18 there shall be omitted—

          5. 5. In section 19— (a) in subsection (1) after the word...

          6. 6. In section 22, subsections (1) and (5) shall not apply....

          7. 7. In section 23— (a) in subsection (1) references to guardianship...

          8. 8. In section 34, in subsection (1) the definition of “the...

    2. SCHEDULE 2

       Mental Health Review Tribunal for Wales

       1. 1. The Mental Health Review Tribunal for Wales shall consist of—...

       2. 1A. As part of the selection process for an appointment under...

       3. 2. Subject to paragraph 2A below,the members of the Mental Health...

       4. 2A. A member of the Mental Health Review Tribunal for Wales...

       5. 3. (1) The Lord Chancellor shall appoint one of the legal...

       6. 4. Subject to rules made by the Lord Chancellor under section...

       7. 5. (1) A member of the First-tier Tribunal who is eligible...

       8. 6. Subject to any rules made by the Lord Chancellor under...

    3. SCHEDULE 3

       Enactments Disapplied in Respect of Persons Within Jurisdiction Under Part VII

    4. SCHEDULE 4

       Consequential Amendments

       1. 1. In the Fines and Recoveries Act 1833—

       2. 2. In section 68 of the Improvement of Land Act 1864...

       3. 3. In section 10(3) of the Colonial Prisoners Removal Act 1884...

       4. 4. In the Trustee Act 1925— (a) in section 36(9) for...

       5. 5. In the Law of Property Act 1925—

       6. 6. In section 111 of the Land Registration Act 1925—

       7. 7. In paragraph (ii) of the proviso to section 41(1) of...

       8. 8. In sections 4(1) and 11(3)(b) of the Polish Resettlement Act...

       9. 9. In section 1(4) of the U.S.A. Veterans’ Pensions (Administration) Act...

       10. 10. In section 116(7) of the Army Act 1955 for the...

       11. 11. In section 116(7) of the Air Force Act 1955 for...

       12. 12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       13. 13. In section 71(6) of the Naval Discipline Act 1957 for...

       14. 14. In section 1 of the Variation of Trusts Act 1958—...

       15. 15. In section 128(1)(b) of the Mental Health Act 1959 for...

       16. 16. . . . . . . . . . ....

       17. 17. In section 5 of the Administration of Justice Act 1960—...

       18. 18. In the Criminal Procedure (Insanity) Act 1964—

       19. 19. In section 18 of the Administration of Justice Act 1965...

       20. 20. In paragraph 1(2)(b) of Schedule 1 to the Compulsory Purchase...

       21. 21. In the Criminal Justice Act 1967— (a) in section 72(1)(b)...

       22. 22. In section 26(2) of the Leasehold Reform Act 1967 for...

       23. 23. In the Criminal Appeal Act 1968— (a) . . ....

       24. 24. In the Courts-Martial (Appeals) Act 1968— (a) in sections 20(4)...

       25. 25. In section 21(4) of the Family Law Reform Act 1969...

       26. 26. In the Children and Young Persons Act 1969—

       27. 27. In Schedule 1 to the Local Authorities Social Services Act...

       28. 28. In section 57(1) of the Courts Act 1971 for the...

       29. 29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       30. 30. In section 30(2) of the Immigration Act 1971 for the...

       31. 31. . . . . . . . . . ....

       32. 32. In section 118 of the Local Government Act 1972—

       33. 33. In the Costs in Criminal Cases Act 1973—

       34. 34. In section 12(d) of the Matrimonial Causes Act 1973 for...

       35. 35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       36. 36. In section 3 of the Powers of Criminal Courts Act...

       37. 37. In Group D in Schedule 1 to the Juries Act...

       38. 38. In the Solicitors Act 1974— (a) in section 12(1)(j) for...

       39. 39. In section 5(7) of the Rehabilitation of Offenders Act 1974...

       40. 40. . . . . . . . . . ....

       41. 41. In the Criminal Procedure (Scotland) Act 1975—

       42. 42. In Part II of Schedule 1 to the House of...

       43. 43. . . . . . . . . . ....

       44. 44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       45. 45. In section 32(6)(c) of the Adoption Act 1976 for the...

       46. 46. In section 3(6B) of the Bail Act 1976 for the...

       47. 47. In the National Health Service Act 1977—

       48. 48. In section 16A(1)(b)(ii) of the National Health Service (Scotland) Act...

       49. 49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       50. 50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       51. 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

       52. 52. In the Residential Homes Act 1980— (a) in section 1(3)(a)...

       53. 53. In paragraph 2(a) of Schedule 2 to the Reserve Forces...

       54. 54. In section 31(2)(c) of the Transport Act 1980 for the...

       55. 55. In section 38 of the Limitation Act 1980—

       56. 56. In section 57(2)(c) of the Public Passenger Vehicles Act 1981...

       57. 57. In the Contempt of Court Act 1981—

       58. 58. In the Senior Courts Act 1981— (a) in section 48(6)(a)...

       59. 59. In section 13(9) of the Armed Forces Act 1981 or...

       60. 60. In paragraph 9 of Schedule 1 to the British Nationality...

       61. 61. In the Mental Health (Amendment) Act 1982—

    5. SCHEDULE 5

       Transitional and Saving Provisions

       1. 1. Where any period of time specified in an enactment repealed...

       2. 2. Nothing in this Act shall affect the interpretation of any...

       3. 3. Where, apart from this paragraph, anything done under or for...

       4. 4. (1) Until the expiration of the period of two years...

       5. 5. If no order has been made under section 11 of...

       6. 6. This Act shall apply in relation to any authority for...

       7. 7. This Act shall apply to any application made before 30th...

       8. 8. (1) Where on 30th September 1983 a person who has...

       9. 9. (1) Section 20(1) of this Act shall have effect in...

       10. 10. Section 23(2)(a) of this Act shall have effect in relation...

       11. 11. Where at any time before 30th September 1983 an application...

       12. 12. A person— (a) who was admitted to hospital in pursuance...

       13. 13. Subsection (1) of section 68 of this Act does not...

       14. 14. Section 69(1)(b) of this Act shall have effect in relation...

       15. 15. The provisions of this Act which derive from sections 24...

       16. 16. The words in section 42(1) of this Act which derive...

       17. 17. Section 91(2) of this Act shall not apply in relation...

       18. 18. (1) Subsection (3) of section 58 of this Act shall...

       19. 19. In the case of a patient who is detained at...

       20. 20. The repeal by the Mental Health (Amendment) Act 1982 of...

       21. 21. Any direction to which section 71(4) of the Mental Health...

       22. 22. Notwithstanding the repeal by this Act of section 53(5) of...

       23. 23. For any reference in any enactment, instrument, deed or other...

       24. 24. Nothing in this Act shall affect the operation of the...

       25. 25. Nothing in this Act shall affect the operation of subsection...

       26. 26. If the person who is the Master of the Court...

       27. 27. Nothing in this Act shall affect the operation of section...

       28. 28. References to applications, recommendations, reports and other documents in section...

       29. 29. The repeal by the Mental Health Act 1959 of the...

       30. 30. The repeal by the Mental Health Act 1959 of the...

       31. 31. (1) Any patient who immediately before the commencement of this...

       32. 32. Any patient who immediately before the commencement of this Act...

       33. 33. (1) This paragraph applies to patients who at the commencement...

       34. 34. (1) Any patient who is liable to be detained in...

       35. 35. (1) The responsible medical officer may record for the purposes...

       36. 36. Any person who immediately before the commencement of this Act...

       37. 37. (1) This paragraph applies to patients who immediately before the...

       38. 38. Any patient who immediately before the commencement of this Act...

       39. 39. Upon a restriction direction in respect of a patient who...

       40. 40. A person who immediately before the commencement of this Act...

       41. 41. Any opinion recorded by the responsible medical officer under the...

       42. 42. (1) In the foregoing provisions of this Schedule—

       43. 43. (1) Any order or appointment made, direction or authority given,...

       44. 44. Where a person who immediately before 1st November 1960 was...

       45. 45. Section 101(1) of this Act shall apply in relation to...

       46. 46. For the purposes of section 15 of the National Health...

    6. SCHEDULE 6

       Repeals