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Version Superseded: 05/04/2004
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There are currently no known outstanding effects for the Mental Health (Amendment) Act 1982, SCHEDULE 3.
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Section 65(1).
Modifications etc. (not altering text)
C1The text of Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
1—26.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1
Textual Amendments
F1Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
27U.K.In section 116(7)—
(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ”;
(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.
Marginal Citations
28E+WIn section 116(7)—
(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;
(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.
Marginal Citations
29U.K.In section 45 for the words from “severe subnormality” onwards there shall be substituted the words “ a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning. ”
Marginal Citations
30U.K.In section 71(6)—
(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ”;
(b)for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.
31E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
Marginal Citations
32U.K.In section 5—
(a)after subsection (4) there shall be inserted—
“(4A)Where an order is made under the said subsection (1) in the case of a defendant who, but for the decision of the court below, would be liable to be detained in pursuance of an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982, the order may, if the court thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—
(a)subsection (3) of this section shall not apply to the order ;
(b)Part V of the said Act of 1959 shall apply as if he had been ordered under this section to be detained in custody so long as any appeal under section 1 of this Act is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and
(c)if the defendant is detained by virtue of this subsection and the appeal to the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.” ;
(b)in subsection (5) for the words “subsection (3) or subsection (4)” there shall be substituted the words “ subsection (3), (4) or (4A) ”.
Marginal Citations
33U.K.In paragraph 2(1) of Schedule 1 for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ”
Marginal Citations
34U.K.In section 1—
(a)in subsection (3) for the words “severe subnormality”, in both places, there shall be substituted the words “ severe mental handiicap ” and the words “within the meaning of the Mental Health Act 1959” shall be omitted ;
(b)after subsection (3) there shall be inserted—
“(3A)In subsection (3) of this section “severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning.”
Marginal Citations
35U.K.In section 72—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
(b)in subsection (4) at the end of the definition of “convicted mental patient” there shall be inserted the words “ or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982 ”.
Textual Amendments
F3Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
36U.K.In section 8 after subsection (3) there shall be inserted—
“(3A)If the person ordered to be retired was, immediately before the determination of his appeal, liable to be detained in pursuance of a remand under section 30 of the Mental Health (Amendment) Act 1982 or an interim hospital order under section 31 of that Act, the Court of Appeal may, if they think fit, order that he shall continue to be edtained in a hospital or mental nursing home, and in that event Part V of the Mental Health Act 1959 shall apply as if he had been ordered under this section to kept in custody pending his retrial and were detained in pursuance of a transfer direction together with a restriction direction.”
37U.K.In section 11 after subsection (4) there shall be inserted—
“(5)The fact that an appeal is pending against an interim hospital order under the Mental Health (Amendment) Act 1982 shall not affect the power of the court below to renew or terminate the order or to deal with the appellant on its termination ; and where the Court of Appeal quash such an order but do not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his beng dealt with by the court below.
(6)Where the Court of Appeal make an interim hospital order by virtue of subsection (3) of this section—
(a)the power of renewing or terminating it and of dealing with the appellant on its termination shall be exercisable by the court below and not be the Court of Appeal ; and
(b)the court below shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offender) as the court that made the order.”
38U.K.In section 14(2)—
(a)for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;
(b)for the words “admitted for observation” there shall be substituted the words “ admitted for assessment ”.
F1438
Textual Amendments
F14Sch. 3 para. 38 repealed (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 8(3), Sch.4; S.I. 1991/2488, art.2
39U.K.In section 37—
(a)after subsection (4) there shall be inserted—
“(4A)Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal, would be liable to be detained in pursuance of a remand under section 30 of the Mental Health (mendment) Act 1983 or an interim hospital order under section 31 of that Act, the order may, if the Court of Appeal thinks fit, be one authorising his continued detention in a hospital or mental nursing home and in that event—
(a)subsection (3) of this section shall not apply to the order ;
(b)Part V of the said Act of 1959 shall apply to him as if he had been ordered under this section to be detained in csutody so llong as an appeal to the House of Lords is pending and were detained in pursuance of a transfer direction together with a restriction direction ; and
(c)if the defendant, having been subject to an interim hospital order, is detained by virtue of this subsection and the appeal by the prosecutor succeeds, subsection (2) of the said section 31 (power of court to make hospital order in the absence of an offender who is subject to an interim hospital order) shall apply as if the defendant were still subject to an interim hospital order.” ;
(b)in subsection (5) for the words “subsection (3) or (4)” there shall be substituted the words “ subsection (3), (4) or (4A) ”.
40U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4
Textual Amendments
F4Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
41U.K.In Schedule 1—
(a)in paragraph 2 for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ” ;
(b)in paragraph 3 for the word “observation” there shall be substituted the word “ assessment ”.
42U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
Textual Amendments
F5Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
43U.K.In section 23—
(a)in subsection (2)(a) for the words “detention in a hospital under observation (with or without other medical treatment)” there shall be substituted the words “ detention in a hospital for assessment (or for assessment followed by medical treatment) ” ;
(b)in subsection (3) for the words “admission for observation” there shall be substituted the words “ admission for assessment ”.
Marginal Citations
44U.K.In section 2(10) for the words “the court may make an interim order in respect of him” there shall be substituted the words “the court may make—
(a)an interim order ; or
(b)an interim hospital order within the meaning of section 31 of the Mental Health (Amendment) Act 1982,
in respect of him ; but an order shall not be made in respect of the relevant infant in pursuance of paragraph (b) of this subsection unless the conditions which, under the said section 31, are required to be satisfied for the making of an interim hospital order in respect of a person convicted as mentioned in that section are satisfied on his case so far as they are applicable ”.
45U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Textual Amendments
F6Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
46U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7
Textual Amendments
F7Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
47U.K.In section 18(1)(c) for the words “an order restricting his discharge” there shall be substituted the words “ a restriction order ”.
Marginal Citations
48U.K.In Schedule 1, for Group D there shall be substituted—
A person who suffers or has suffered from mental illness, psychopathic disorder, mental handicap or severe mental handicap and on account of that condition either—
(a)is resident in a hospital or other similar institution ; or
(b)regularly attends for treatment by a medical treatment practitioner.
A person for the time being in guardianship under section 33 of the Mental Health Act 1959.
A person who, under Part VIII of that Act, has been determined by a judge to be incapable, by reason of mental disorder, of managing and administering his property and affairs.
(In this Group—
(a)“mental handicap” means a state of arrested or incomplete development of mind (not amounting to severe mental handicap) which includes significant impairment of intelligence and social functioning ;
(b)“severe mental handicap” means a state of arrested or incomplete development of mind which includes severe impairment of intelligence and social functioning ;
(c)other expressions are to be construed in accordance with the said Act of 1959.)”.
Marginal Citations
49U.K.In section 5(7) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order ”.
Marginal Citations
50U.K.In section 13—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(b)in subsection (4) at the end of the definition of “convicted mental patient” there shall be inserted the words “ or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982 ”.
Textual Amendments
F8Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
51U.K.In section 322—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9
(b)in subsection (4) at the end of the definition of “convicted mental patient” there shall be inserted the words “ , or a person liable to be detained under section 31 of the Mental Health (Amendment) Act 1982 ”.
Textual Amendments
F9Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
52—54.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Textual Amendments
F10Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
55U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
Textual Amendments
F11Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
56U.K.In section 105(1) for the word “observation” there shall be substituted the word “ assessment ”.
57, 58.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
Textual Amendments
F12Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Marginal Citations
59U.K.In section 14(4)—
(a)after “1959” there shall be inserted the words “ or an interim hospital order under section 31 of the Mental Health (Amendment) Act 1982 ” ;
(b)for the words “severe subnormality” there shall be substituted the words “ severe mental impairment ”.
60U.K.After section 14(4) there shall be inserted—
“(4A)Each of the superior courts shall have the like power to make an order under section 29 of the said Act of 1982 (remand for report on accused’s mental condition) where there is reason to suspect that a person who could be committed to prison for contempt of court is suffering from mental illness or severe mental impairment as the Crown Court has under that section in the case of an accused person within the meaning of that section.”
Marginal Citations
61U.K.In section 48—
(a)in subsection (6)(a) for the words “an order restricting discharge” there shall be substituted the words “ a restriction order, and an interim hospital order under the Mental Health (Amendment) Act 1982 ” ;
(b)after subsection (6) there shall be inserted—
“(7)The fact that an appeal is pending against an interim hospital order under the said Act of 1982 shall not affect the power of the magistrates’ court that made it to renew or terminate the order or to deal with the appellant on its termination ; and where the Crown Court quashes such an order but does not pass any sentence or make any other order in its place the Court may direct the appellant to be kept in custody or released on bail pending his being dealt with by that magistrates’ court.
(8)Where the Crown Court makes an interim hospital order by virtue of subsection (2)—
(a)the power of renewing or terminating the order and of dealing with the appellant on its termination shall be exercisable by the magistrates’ court whose decision is appealed against and not by the Crown Court ; and
(b)that magistrates’ court shall be treated for the purposes of section 31(8) of the said Act of 1982 (absconding offenders) as the court that made the order.”
Marginal Citations
62U.K.In section 1391), (2)(a) and (6)(c) for the word “observation” there shall be substituted the word “ assessment ”.
Textual Amendments
F13Sch. 3 Pt. I paras. 1–26, 35(a), 40, 42, 45, 46, 50(a), 51(a), 52–55, 57, 58 and Pt. II repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
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