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- Point in Time (01/02/1991)
- Original (As enacted)
Mental Health Act 1983 is up to date with all changes known to be in force on or before 08 November 2024. There are changes that may be brought into force at a future date.
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Part II Compulsory Admission to Hospital and Guardianship
Functions of relatives of patients
Part III Patients Concerned in Criminal Proceedings or Under Sentence
Transfer to hospital of prisoners, etc.
47. Removal to hospital of persons serving sentences of imprisonment, etc.
49. Restriction on discharge of prisoners removed to hospital.
52. Further provisions as to persons remanded by magistrates’ courts.
53. Further provisions as to civil prisoners and persons detained under the Immigration Act 1971.
Part 4A Treatment of community patients not recalled to hospital
Part V Mental Health Review Tribunals
Part VI Removal and Return of Patients Within United Kingdom, etc.
Removal to and from Channel Islands and Isle of Man
83ZA.Removal or transfer of community patients to Channel Islands or Isle of Man
83A. Transfer of responsibility for patients to Channel Islands or Isle of Man.
84. Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.
85ZA.Responsibility for community patients transferred from Channel Islands or Isle of Man
85A. Responsibility for patients transferred from Channel Islands or Isle of Man.
Part VII Management of Property and Affairs of Patients
95. General functions of the judge with respect to property and affairs of patient.
96. Powers of the judge as to patient’s property and affairs.
97. Supplementary provisions as to wills executed under s. 96.
100. Vesting of stock in curator appointed outside England and Wales.
104. General powers of the judge with respect to proceedings.
110. Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
111. Construction of references in other Acts to judge or authority having jurisdiction under Part VII.
113. Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.
Part VIII Miscellaneous Functions of Local Authorities and the Secretary of State
Part X Miscellaneous and Supplementary
130D.Duty to give information about independent mental health advocates
132. Duty of managers of hospitals to give information to detained patients.
132A.Duty of managers of hospitals to give information to community patients
133. Duty of managers of hospitals to inform nearest relatives of discharge.
140. Notification of hospitals having arrangements for reception of urgent cases.
142A.Regulations as to approvals in relation to England and Wales
142B.Delegation of powers of managers of NHS foundation trusts
SCHEDULES
Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders
Part I Patients Not Subject to Special Restrictions
2A.In section 17D(2)(a) for the reference to section 6(2) above...
2B.In section 17G— (a) in subsection (2) for the reference...
3.In section 16(1) for references to an application for admission...
6A.In section 20B(1), for the reference to the application for...
7.In section 22 for references to an application for admission...
8A.In sections 25A(1)(a) and 25B(5)(a) for the words “in pursuance...
9.In section 66— (a) in subsection (1), paragraphs (a), (b),...
10.In section 68— (a) in subsection (1) paragraph (a) shall...
Mental Health Review Tribunals
1.Each of the Mental Health Review Tribunals shall consist of—...
1A.As part of the selection process for an appointment under...
2.The members of Mental Health Review Tribunals shall hold and...
2A.A member of a Mental Health Review Tribunal shall vacate...
4.Subject to rules made by the Lord Chancellor under section...
Enactments Disapplied in Respect of Persons Within Jurisdiction Under Part VII
3.In section 10(3) of the Colonial Prisoners Removal Act 1884...
8.In sections 4(1) and 11(3)(b) of the Polish Resettlement Act...
9.In section 1(4) of the U.S.A. Veterans’ Pensions (Administration) Act...
15.In section 128(1)(b) of the Mental Health Act 1959 for...
17.In section 5 of the Administration of Justice Act 1960—...
19.In section 18 of the Administration of Justice Act 1965...
20.In paragraph 1(2)(b) of Schedule 1 to the Compulsory Purchase...
21.In the Criminal Justice Act 1967— (a) in section 72(1)(b)...
24.In the Courts-Martial (Appeals) Act 1968— (a) in sections 20(4)...
27.In Schedule 1 to the Local Authorities Social Services Act...
29.In Schedule 1 to the Tribunals and Inquiries Act 1971,...
34.In section 12(d) of the Matrimonial Causes Act 1973 for...
38.In the Solicitors Act 1974— (a) in section 12(1)(j) for...
39.In section 5(7) of the Rehabilitation of Offenders Act 1974...
48.In section 16A(1)(b)(ii) of the National Health Service (Scotland) Act...
50.In the Child Care Act 1980— (a) in section 3(1)(b)(iii)...
52.In the Residential Homes Act 1980— (a) in section 1(3)(a)...
56.In section 57(2)(c) of the Public Passenger Vehicles Act 1981...
58.In the Supreme Court Act 1981— (a) in section 48(6)(a)...
60.In paragraph 9 of Schedule 1 to the British Nationality...
Transitional and Saving Provisions
1.Where any period of time specified in an enactment repealed...
2.Nothing in this Act shall affect the interpretation of any...
3.Where, apart from this paragraph, anything done under or for...
7.This Act shall apply to any application made before 30th...
10.Section 23(2)(a) of this Act shall have effect in relation...
11.Where at any time before 30th September 1983 an application...
12.A person— (a) who was admitted to hospital in pursuance...
14.Section 69(1)(b) of this Act shall have effect in relation...
15.The provisions of this Act which derive from sections 24...
20.The repeal by the Mental Health (Amendment) Act 1982 of...
21.Section 46(3) of this Act shall apply to any direction...
22.Notwithstanding the repeal by this Act of section 53(5) of...
23.For any reference in any enactment, instrument, deed or other...
25.Nothing in this Act shall affect the operation of subsection...
27.Nothing in this Act shall affect the operation of section...
28.References to applications, recommendations, reports and other documents in section...
31.(1) Any patient who immediately before the commencement of this...
32.Any patient who immediately before the commencement of this Act...
33.(1) This paragraph applies to patients who at the commencement...
35.(1) The responsible medical officer may record for the purposes...
36.Any person who immediately before the commencement of this Act...
37.(1) This paragraph applies to patients who immediately before the...
38.Any patient who immediately before the commencement of this Act...
39.Upon a restriction direction in respect of a patient who...
40.A person who immediately before the commencement of this Act...
41.Any opinion recorded by the responsible medical officer under the...
43.(1) Any order or appointment made, direction or authority given,...
44.Where a person who immediately before 1st November 1960 was...
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