Mental Health Act 1983

Part X U.K. Miscellaneous and Supplementary

Miscellaneous provisions U.K.

[F1 130A Independent mental health advocates[F2 : England] E+W

(1) [F3 A local social services authority whose area is in England] shall make such arrangements as it considers reasonable to enable persons (“independent mental health advocates”) to be available to help qualifying patients [F4 for whom the authority is responsible for the purposes of this section].

(2) The [F5 Secretary of State] may by regulations make provision as to the appointment of persons as independent mental health advocates.

(3) The regulations may, in particular, provide—

(a) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;

(b) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.

(4) In making arrangements under this section, [F6 a local social services authority] shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who is professionally concerned with the patient's medical treatment.

(5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements—

(a) under section 35 of the Mental Capacity Act 2005; or

(b) of a description specified in regulations under this section.

(6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.

(7) Regulations under this section—

(a) may make different provision for different cases;

(b) may make provision which applies subject to specified exceptions;

(c) may include transitional, consequential, incidental or supplemental provision.

Textual Amendments

F1 Ss. 130A-130D inserted (1.4.2008 for ss. 130A, 130C for certain purposes, otherwise 3.11.2008 for W. and 1.4.2009 for E.) by Mental Health Act 2007 (c. 12), ss. 30(2), 56 (with Sch. 10); S.I. 2008/745, arts. 2(b)(i), 3(d): S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a)

F2 Word in s. 130A title inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 2; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)

F3 Words in s. 130A(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(1)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F4 Words in s. 130A(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(1)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F5 Words in s. 130A(2) substituted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 3; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)

F6 Words in s. 130A(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(2), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

130B Arrangements under section 130A E+W

(1) The help available to a qualifying patient under arrangements under section 130A above shall include help in obtaining information about and understanding—

(a) the provisions of this Act by virtue of which he is a qualifying patient;

(b) any conditions or restrictions to which he is subject by virtue of this Act;

(c) what (if any) medical treatment is given to him or is proposed or discussed in his case;

(d) why it is given, proposed or discussed;

(e) the authority under which it is, or would be, given; and

(f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him.

(2) The help available under the arrangements to a qualifying patient shall also include—

(a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him; and

(b) help (by way of representation or otherwise) in exercising those rights.

(3) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate may—

(a) visit and interview the patient in private;

(b) visit and interview any person who is professionally concerned with his medical treatment;

(c) require the production of and inspect any records relating to his detention or treatment in any hospital or registered establishment or to any after-care services provided for him under section 117 above;

(d) require the production of and inspect any records of, or held by, a local social services authority which relate to him.

(4) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (3)(c) or (d) above unless—

(a) in a case where the patient has capacity or is competent to consent, he does consent; or

(b) in any other case, the production or inspection would not conflict with a decision made by a donee or deputy or the Court of Protection and the person holding the records, having regard to such matters as may be prescribed in regulations under section 130A above, considers that—

(i) the records may be relevant to the help to be provided by the advocate; and

(ii) the production or inspection is appropriate.

(5) For the purpose of providing help to a patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient—

(a) the person (if any) appearing to the advocate to be the patient's nearest relative;

(b) the responsible clinician for the purposes of this Act;

(c) an approved mental health professional.

(6) But nothing in this Act prevents the patient from declining to be provided with help under the arrangements.

(7) In subsection (4) above—

(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;

(b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;

(c) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act.

Textual Amendments

F1 Ss. 130A-130D inserted (1.4.2008 for ss. 130A, 130C for certain purposes, otherwise 3.11.2008 for W. and 1.4.2009 for E.) by Mental Health Act 2007 (c. 12), ss. 30(2), 56 (with Sch. 10); S.I. 2008/745, arts. 2(b)(i), 3(d): S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a)

130C Section 130A: supplemental E+W

(1) This section applies for the purposes of section 130A above.

[F7 (2) A patient is a qualifying patient if he is–

(a) liable to be detained under this Act (otherwise than by virtue of section 4 or 5(2) or (4) above or section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in England;

(b) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in England;

(c) a community patient and the responsible hospital is situated in England.]

(3) A patient is also a qualifying patient if [F8 the patient is to be regarded as being in England for the purposes of this subsection and]—

(a) not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 57 above applies; or

(b) not having attained the age of 18 years and not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 58A above applies.

[F9 (3A) For the purposes of subsection (3), a patient is to be regarded as being in England if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130I(4), and published, by the Secretary of State and the Welsh Ministers.]

(4) Where a patient who is a qualifying patient falling within subsection (3) above is informed that the treatment concerned is proposed in his case, he remains a qualifying patient falling within that subsection until—

(a) the proposal is withdrawn; or

(b) the treatment is completed or discontinued.

[F10 (4A) A local social services authority is responsible for a qualifying patient if—

(a) in the case of a qualifying patient falling within subsection (2)(a) above, the hospital or registered establishment in which he is liable to be detained is situated in that authority's area;

(b) in the case of a qualifying patient falling within subsection (2)(b) above, that authority is the responsible local social services authority within the meaning of section 34(3) above;

(c) in the case of a qualifying patient falling within subsection (2)(c), the responsible hospital is situated in that authority's area;

(d) in the case of a qualifying patient falling within subsection (3)—

(i) in a case where the patient has capacity or is competent to do so, he nominates that authority as responsible for him for the purposes of section 130A above, or

(ii) in any other case, a donee or deputy or the Court of Protection, or a person engaged in caring for the patient or interested in his welfare, nominates that authority on his behalf as responsible for him for the purposes of that section.

(4B) In subsection (4A)(d) above—

(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005;

(b) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of that Act) created by the patient, where the donee is acting within the scope of his authority and in accordance with that Act;

(c) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy is acting within the scope of his authority and in accordance with that Act.]

F11 ( 5 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11 ( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Ss. 130A-130D inserted (1.4.2008 for ss. 130A, 130C for certain purposes, otherwise 3.11.2008 for W. and 1.4.2009 for E.) by Mental Health Act 2007 (c. 12), ss. 30(2), 56 (with Sch. 10); S.I. 2008/745, arts. 2(b)(i), 3(d): S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a)

F7 S. 130C(2) substituted (3.1.2012 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 4; S.I. 2011/3046, art. 2(k), 3(j) (with art. 5)

F8 Words in s. 130C(3) inserted (3.1.2012 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 5; S.I. 2011/3046, art. 2(k), 3(j) (with art. 5)

F9 S. 130C(3A) inserted (3.1.2012 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 6; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)

F10 S. 130C(4A)(4B) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 43(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F11 S. 130C(5)(6) repealed (3.1.2012 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 7, Sch. 2; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)

130D Duty to give information about independent mental health advocates E+W

(1) The responsible person in relation to a qualifying patient (within the meaning given by section 130C above) shall take such steps as are practicable to ensure that the patient understands—

(a) that help is available to him from an independent mental health advocate; and

(b) how he can obtain that help.

(2) In subsection (1) above, “ the responsible person ” means—

(a) in relation to a qualifying patient falling within section 130C(2)(a) above (other than one also falling within paragraph (b) below), the managers of the hospital or registered establishment in which he is liable to be detained;

(b) in relation to a qualifying patient falling within section 130C(2)(a) above and conditionally discharged by virtue of section 42(2), 73 or 74 above, the responsible clinician;

(c) in relation to a qualifying patient falling within section 130C(2)(b) above, the responsible local social services authority within the meaning of section 34(3) above;

(d) in relation to a qualifying patient falling within section 130C(2)(c) above, the managers of the responsible hospital;

(e) in relation to a qualifying patient falling within section 130C(3) above, the registered medical practitioner or approved clinician with whom the patient first discusses the possibility of being given the treatment concerned.

(3) The steps to be taken under subsection (1) above shall be taken—

(a) where the responsible person falls within subsection (2)(a) above, as soon as practicable after the patient becomes liable to be detained;

(b) where the responsible person falls within subsection (2)(b) above, as soon as practicable after the conditional discharge;

(c) where the responsible person falls within subsection (2)(c) above, as soon as practicable after the patient becomes subject to guardianship;

(d) where the responsible person falls within subsection (2)(d) above, as soon as practicable after the patient becomes a community patient;

(e) where the responsible person falls within subsection (2)(e) above, while the discussion with the patient is taking place or as soon as practicable thereafter.

(4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.

(5) The responsible person in relation to a qualifying patient falling within section 130C(2) above (other than a patient liable to be detained by virtue of Part 3 of this Act) shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to the responsible person to be the patient's nearest relative with a copy of any information given to the patient in writing under subsection (1) above.

(6) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter.]

Textual Amendments

F1 Ss. 130A-130D inserted (1.4.2008 for ss. 130A, 130C for certain purposes, otherwise 3.11.2008 for W. and 1.4.2009 for E.) by Mental Health Act 2007 (c. 12), ss. 30(2), 56 (with Sch. 10); S.I. 2008/745, arts. 2(b)(i), 3(d): S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a)

[F12 130E Independent mental health advocates: Wales E+W

(1) The Welsh Ministers shall make such arrangements as they consider reasonable to enable persons (“independent mental health advocates”) to be available to help–

(a) Welsh qualifying compulsory patients; and

(b) Welsh qualifying informal patients.

(2) The Welsh Ministers may by regulations make provision as to the appointment of persons as independent mental health advocates.

(3) The regulations may, in particular, provide–

(a) that a person may act as an independent mental health advocate only in such circumstances, or only subject to such conditions, as may be specified in the regulations;

(b) for the appointment of a person as an independent mental health advocate to be subject to approval in accordance with the regulations.

(4) In making arrangements under this section, the Welsh Ministers shall have regard to the principle that any help available to a patient under the arrangements should, so far as practicable, be provided by a person who is independent of any person who–

(a) is professionally concerned with the patient's medical treatment; or

(b) falls within a description specified in regulations made by the Welsh Ministers.

(5) For the purposes of subsection (4) above, a person is not to be regarded as professionally concerned with a patient's medical treatment merely because he is representing him in accordance with arrangements–

(a) under section 35 of the Mental Capacity Act 2005; or

(b) of a description specified in regulations under this section.

(6) Arrangements under this section may include provision for payments to be made to, or in relation to, persons carrying out functions in accordance with the arrangements.

(7) Regulations under this section and sections 130F to 130H–

(a) may make different provision for different cases;

(b) may make provision which applies subject to specified exceptions;

(c) may include transitional, consequential, incidental or supplemental provision.]

Textual Amendments

F12 S. 130E inserted (15.2.2011 for specified purposes, 3.1.2012 for specified purposes and 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 31, 55(1), (2); S.I. 2011/3046, arts. 2(a), 3(a) (with art. 5)

[F13 130F Arrangements under section 130E for Welsh qualifying compulsory patients E+W

(1) The help available to a Welsh qualifying compulsory patient under arrangements under section 130E shall include help in obtaining information about and understanding–

(a) the provisions of this Act by virtue of which he is a qualifying compulsory patient;

(b) any conditions or restrictions to which he is subject by virtue of this Act;

(c) what (if any) medical treatment is given to him or is proposed or discussed in his case;

(d) why it is given, proposed or discussed;

(e) the authority under which it is, or would be, given; and

(f) the requirements of this Act which apply, or would apply, in connection with the giving of the treatment to him.

(2) The help available under the arrangements to a Welsh qualifying compulsory patient shall also include–

(a) help in obtaining information about and understanding any rights which may be exercised under this Act by or in relation to him;

(b) help (by way of representation or otherwise)–

(i) in exercising the rights referred to in paragraph (a);

(ii) for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally;

(iii) for patients who wish to complain about their care or treatment;

(c) the provision of information about other services which are or may be available to the patient;

(d) other help specified in regulations made by the Welsh Ministers.]

Textual Amendments

F13 S. 130F inserted (15.2.2011 for specified purposes, 3.1.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 32, 55(1), (2); S.I. 2011/3046, art. 2(b) (with art. 5)

[F14 130G Arrangements under section 130E for Welsh qualifying informal patients E+W

(1) The help available to a Welsh qualifying informal patient under arrangements under section 130E shall include help in obtaining information about and understanding–

(a) what (if any) medical treatment is given to him or is proposed or discussed in his case;

(b) why it is given, proposed or discussed;

(c) the authority under which it is, or would be, given.

(2) The help available under the arrangements to a Welsh qualifying informal patient shall also include–

(a) help (by way of representation or otherwise)–

(i) for patients who wish to become involved, or more involved, in decisions made about their care or treatment, or care or treatment generally;

(ii) for patients who wish to complain about their care or treatment;

(b) the provision of information about other services which are or may be available to the patient;

(c) other help specified in regulations made by the Welsh Ministers.]

Textual Amendments

F14 S. 130G inserted (15.2.2011 for specified purposes, otherwise 2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 33, 55(1)(2); S.I. 2011/3046, art. 3(b) (with art. 5)

[F15 130H Independent mental health advocates for Wales: supplementary powers and duties E+W

(1) For the purpose of providing help to a patient in accordance with arrangements made under section 130E, an independent mental health advocate may–

(a) visit and interview the patient in private;

(b) visit and interview–

(i) any person who is professionally concerned with his medical treatment;

(ii) any other person who falls within a description specified in regulations made by the Welsh Ministers;

(c) require the production of and inspect any records relating to his detention, treatment or assessment in any hospital or registered establishment or to any after-care services provided for him under section 117 above;

(d) require the production of and inspect any records of, or held by, a local social services authority which relate to him.

(2) But an independent mental health advocate is not entitled to the production of, or to inspect, records in reliance on subsection (1)(c) or (d) above unless–

(a) in a case where the patient has capacity or is competent to consent, he does consent; or

(b) in any other case, the production or inspection would not conflict with a decision made by a donee or deputy or the Court of Protection and the person holding the records, having regard to such matters as may be prescribed in regulations under section 130E above, considers that–

(i) the records may be relevant to the help to be provided by the advocate;

(ii) the production or inspection is appropriate.

(3) For the purpose of providing help to a Welsh qualifying compulsory patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient–

(a) the patient;

(b) the person (if any) appearing to the advocate to be the patient's nearest relative;

(c) the responsible clinician for the purposes of this Act;

(d) an approved mental health professional;

(e) a registered social worker who is professionally concerned with the patient's care, treatment or assessment;

(f) where the patient is liable to be detained in a hospital or registered establishment, the managers of the hospital or establishment or a person duly authorised on their behalf;

(g) the patient's donee or deputy.

(4) For the purpose of providing help to a Welsh qualifying informal patient in accordance with the arrangements, an independent mental health advocate shall comply with any reasonable request made to him by any of the following for him to visit and interview the patient–

(a) the patient;

(b) the managers of the hospital or establishment in which the patient is an in-patient or a person duly authorised on their behalf;

(c) any person appearing to the advocate to whom the request is made to be the patient's carer;

(d) the patient's donee or deputy;

(e) a registered social worker who is professionally concerned with the patient's care, treatment or assessment.

(5) But nothing in this Act prevents the patient from declining to be provided with help under the arrangements.

(6) In subsection (2) above the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005.

(7) In subsection (4) above–

(a) “ carer ”, in relation to a Welsh qualifying informal patient, means an individual who provides or intends to provide a substantial amount of care on a regular basis for the patient, but does not include any individual who provides, or intends to provide care by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether or not incorporated);

(b) “ registered social worker ” means a person included in the [F16 social worker part or the visiting European social worker part of the register kept under section 80(1) of the Regulation and Inspection of Social Care (Wales) Act 2016. ]

(8) In subsections (2) to (4) above–

(a) the reference to a donee is to a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient, where the donee, in making the decision referred to in subsection (2) or the request referred to in subsection (3) or (4), is acting within the scope of his authority and in accordance with that Act;

(b) the reference to a deputy is to a deputy appointed for the patient by the Court of Protection under section 16 of that Act, where the deputy, in making the decision referred to in subsection (2) or the request referred to in subsection (3) or (4), is acting within the scope of his authority and in accordance with that Act.]

Textual Amendments

F15 S. 130H inserted (15.2.2011 for specified purposes, 3.1.2012 for specified purposes and 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 34, 55(1), (2); S.I. 2011/3046, arts. 2(c), 3(c) (with art. 5)

F16 Words in s. 130H(7)(b) substituted (3.4.2017) by Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), s. 188(1), Sch. 3 para. 39 (as amended by S.I. 2016/1030, regs. 1, 144(2) (with reg. 155)); S.I. 2017/309, art. 2(j) (with arts. 3, 4 Sch.)

[F17 130I Welsh qualifying compulsory patients E+W

(1) This section applies for the purposes of section 130E above.

(2) A patient is a Welsh qualifying compulsory patient if he is–

(a) liable to be detained under this Act (other than under section 135 or 136 below) and the hospital or registered establishment in which he is liable to be detained is situated in Wales;

(b) subject to guardianship under this Act and the area of the responsible local social services authority within the meaning of section 34(3) above is situated in Wales; or

(c) a community patient and the responsible hospital is situated in Wales.

(3) A patient is also a Welsh qualifying compulsory patient if the patient is to be regarded as being in Wales for the purposes of this subsection and–

(a) not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 57 above applies; or

(b) not having attained the age of 18 years and not being a qualifying patient falling within subsection (2) above, he discusses with a registered medical practitioner or approved clinician the possibility of being given a form of treatment to which section 58A above applies.

(4) For the purposes of subsection (3), a patient is to be regarded as being in Wales if that has been determined in accordance with arrangements made for the purposes of that subsection and section 130C(3), and published, by the Secretary of State and the Welsh Ministers.

(5) Where a patient who is a Welsh qualifying compulsory patient falling within subsection (3) above is informed that the treatment concerned is proposed in his case, he remains a qualifying patient falling within that subsection until–

(a) the proposal is withdrawn; or

(b) the treatment is completed or discontinued.]

Textual Amendments

F17 S. 130I inserted (3.1.2012) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 35, 55(3); S.I. 2011/3046, art. 2(d) (with art. 5)

[F18 130J Welsh qualifying informal patients E+W

(1) This section applies for the purposes of section 130E above.

(2) A patient is a Welsh qualifying informal patient if–

(a) the patient is an in-patient at a hospital or registered establishment situated in Wales;

(b) the patient is receiving treatment for, or assessment in relation to, mental disorder at the hospital or registered establishment; and

(c) no application, order, direction or report renders the patient liable to be detained under this Act.]

Textual Amendments

F18 S. 130J inserted (2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 36, 55(3); S.I. 2011/3046, art. 3(d) (with art. 5)

[F19 130K Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients E+W

(1) The responsible person in relation to a Welsh qualifying compulsory patient (within the meaning given by section 130I above) shall take such steps as are practicable to ensure that the patient understands–

(a) that help is available to him from an independent mental health advocate; and

(b) how he can obtain that help.

(2) In subsection (1) above, the “ responsible person ” means–

(a) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(a) above (other than one also falling within paragraph (b) below), the managers of the hospital or registered establishment in which he is liable to be detained; or

(b) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(a) above and conditionally discharged by virtue of section 42(2), 73 or 74 above, the responsible clinician;

(c) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(b) above, the responsible local social services authority within the meaning of section 34(3) above;

(d) in relation to a Welsh qualifying compulsory patient falling within section 130I(2)(c) above, the managers of the responsible hospital;

(e) in relation to a Welsh qualifying compulsory patient falling within section 130I(3) above, the registered medical practitioner or approved clinician with whom the patient first discusses the possibility of being given the treatment concerned.

(3) The steps to be taken under subsection (1) above shall be taken–

(a) where the responsible person falls within subsection (2)(a) above, as soon as practicable after the patient becomes liable to be detained;

(b) where the responsible person falls within subsection (2)(b) above, as soon as practicable after the conditional discharge;

(c) where the responsible person falls within subsection (2)(c) above, as soon as practicable after the patient becomes subject to guardianship;

(d) where the responsible person falls within subsection (2)(d) above, as soon as practicable after the patient becomes a community patient;

(e) where the responsible person falls within subsection (2)(e) above, while the discussion with the patient is taking place or as soon as practicable thereafter.

(4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.

(5) The responsible person in relation to a Welsh qualifying compulsory patient falling within section 130I(2) above (other than a patient liable to be detained by virtue of Part 3 of this Act) shall, except where the patient otherwise requests, take such steps as are practicable to furnish any person falling within subsection (6) with a copy of any information given to the patient in writing under subsection (1) above.

(6) A person falls within this subsection if–

(a) the person appears to the responsible person to be the patient's nearest relative;

(b) the person is a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient and the scope of the donee's authority includes matters related to the care and treatment of the patient;

(c) the person is a deputy appointed for the patient by the Court of Protection under section 16 of that Act and the scope of the deputy's authority includes matters related to the care and treatment of the patient.

(7) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter.]

Textual Amendments

F19 S. 130K inserted (3.1.2012) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 37, 55(3); S.I. 2011/3046, art. 2(e) (with art. 5)

[F20 130L Duty to give information about independent mental health advocates to Welsh qualifying informal patients E+W

(1) The responsible person in relation to a Welsh qualifying informal patient (within the meaning given by section 130J above) shall take such steps as are practicable to ensure that the patient understands–

(a) that help is available to him from an independent mental health advocate; and

(b) how he can obtain that help.

(2) In subsection (1) above, the “ responsible person ” means the managers of the hospital or registered establishment to which the patient is admitted as an in-patient.

(3) The steps to be taken under subsection (1) above shall be taken as soon as practicable after the patient becomes an in-patient.

(4) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.

(5) The responsible person in relation to a Welsh qualifying informal patient shall, except where the patient otherwise requests, take such steps as are practicable to furnish any person falling within subsection (6) with a copy of any information given to the patient in writing under subsection (1) above.

(6) A person falls within this subsection if–

(a) the person appears to the responsible person to be a carer of the patient;

(b) the person is a donee of a lasting power of attorney (within the meaning of section 9 of the Mental Capacity Act 2005) created by the patient and the scope of the donee's authority includes matters related to the care and treatment of the patient;

(c) the person is a deputy appointed for the patient by the Court of Protection under section 16 of that Act and the scope of the deputy's authority includes matters related to the care and treatment of the patient.

(7) In subsection (6), “ carer ”, in relation to a Welsh qualifying informal patient, means an individual who provides or intends to provide a substantial amount of care on a regular basis for the patient, but does not include any individual who provides, or intends to provide care by virtue of a contract of employment or other contract with any person or as a volunteer for a body (whether or not incorporated);

(8) The steps to be taken under subsection (5) above shall be taken when the information concerned is given to the patient or within a reasonable time thereafter.]

Textual Amendments

F20 S. 130L inserted (2.4.2012) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 38, 55(3); S.I. 2011/3046, art. 3(e) (with art. 5)

131 Informal admission of patients. E+W

(1) Nothing in this Act shall be construed as preventing a patient who requires treatment for mental disorder from being admitted to any hospital or [F21 registered establishment] in pursuance of arrangements made in that behalf and without any application, order or direction rendering him liable to be detained under this Act, or from remaining in any hospital or [F21 registered establishment] in pursuance of such arrangements after he has ceased to be so liable to be detained.

[F22 (2) Subsections (3) and (4) below apply in the case of a patient aged 16 or 17 years who has capacity to consent to the making of such arrangements as are mentioned in subsection (1) above.

(3) If the patient consents to the making of the arrangements, they may be made, carried out and determined on the basis of that consent even though there are one or more persons who have parental responsibility for him.

(4) If the patient does not consent to the making of the arrangements, they may not be made, carried out or determined on the basis of the consent of a person who has parental responsibility for him.

(5) In this section—

(a) the reference to a patient who has capacity is to be read in accordance with the Mental Capacity Act 2005; and

(b) “ parental responsibility ” has the same meaning as in the Children Act 1989. ]

Textual Amendments

F21 Words in s. 131(1) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))

F22 S. 131(2)-(5) substituted (1.1.2008) for s. 131(2) by Mental Health Act 2007 (c. 12), ss. 43, 56 (with Sch. 10); S.I. 2007/2798, art. 4

[F23 131A Accommodation, etc. for children E+W

(1) This section applies in respect of any patient who has not attained the age of 18 years and who—

(a) is liable to be detained in a hospital under this Act; or

(b) is admitted to, or remains in, a hospital in pursuance of such arrangements as are mentioned in section 131(1) above.

(2) The managers of the hospital shall ensure that the patient's environment in the hospital is suitable having regard to his age (subject to his needs).

(3) For the purpose of deciding how to fulfil the duty under subsection (2) above, the managers shall consult a person who appears to them to have knowledge or experience of cases involving patients who have not attained the age of 18 years which makes him suitable to be consulted.

(4) In this section, “ hospital ” includes a registered establishment. ]

Textual Amendments

F23 S. 131A inserted (1.4.2010) by Mental Health Act 2007 (c. 12), ss. 31(3), 56(1); S.I. 2010/143, art. 2

132 Duty of managers of hospitals to give information to detained patients. E+W

(1) The managers of a hospital or [F24 registered establishment] in which a patient is detained under this Act shall take such steps as are practicable to ensure that the patient understands—

(a) under which of the provisions of this Act he is for the time being detained and the effect of that provision; and

(b) what rights of applying to a [F25 tribunal] are available to him in respect of his detention under that provision;

and those steps shall be taken as soon as practicable after the commencement of the patient’s detention under the provision in question.

(2) The managers of a hospital or [F24 registered establishment] in which a patient is detained as aforesaid shall also take such steps as are practicable to ensure that the patient understands the effect, so far as relevant in his case, of sections 23, 25, 56 to 64, 66(1)(g), 118 and 120 above and section 134 below; and those steps shall be taken as soon as practicable after the commencement of the patient’s detention in the hospital or [F26 establishment] .

(3) The steps to be taken under subsections (1) and (2) above shall include giving the requisite information both orally and in writing.

(4) The managers of a hospital or [F24 registered establishment] in which a patient is detained as aforesaid shall, except where the patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsections (1) and (2) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.

Textual Amendments

F24 Words in s. 132(1)(2)(4) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))

F25 Words in s. 132(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 63

F26 Words in s. 132(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 29 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

[F27 132A Duty of managers of hospitals to give information to community patients E+W

(1) The managers of the responsible hospital shall take such steps as are practicable to ensure that a community patient understands—

(a) the effect of the provisions of this Act applying to community patients; and

(b) what rights of applying to a [F28 tribunal] are available to him in that capacity;

and those steps shall be taken as soon as practicable after the patient becomes a community patient.

(2) The steps to be taken under subsection (1) above shall include giving the requisite information both orally and in writing.

(3) The managers of the responsible hospital shall, except where the community patient otherwise requests, take such steps as are practicable to furnish the person (if any) appearing to them to be his nearest relative with a copy of any information given to him in writing under subsection (1) above; and those steps shall be taken when the information is given to the patient or within a reasonable time thereafter.]

Textual Amendments

F27 S. 132A inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 30 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F28 Words in s. 132A(1)(b) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 64

133 Duty of managers of hospitals to inform nearest relatives of discharge. E+W

(1) Where a patient liable to be detained under this Act in a hospital or [F29 registered establishment] is to be discharged otherwise than by virtue of an order for discharge made by his nearest relative, the managers of the hospital or [F29 registered establishment] shall, subject to subsection (2) below, take such steps as are practicable to inform the person (if any) appearing to them to be the nearest relative of the patient; and that information shall, if practicable, be given at least seven days before the date of discharge.

[F30 (1A) The reference in subsection (1) above to a patient who is to be discharged includes a patient who is to be discharged from hospital under section 17A above.

(1B) Subsection (1) above shall also apply in a case where a community patient is discharged under section 23 or 72 above (otherwise than by virtue of an order for discharge made by his nearest relative), but with the reference in that subsection to the managers of the hospital or registered establishment being read as a reference to the managers of the responsible hospital.]

(2) Subsection (1) above shall not apply if the patient or his nearest relative has requested that information about the patient’s discharge should not be given under this section.

Textual Amendments

F29 Words in s. 133(1) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(2); S.I. 2001/4150, art. 3(3) (subject to transitional provisions in art. 4 and S.I. 2002/1493, art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))

F30 S. 133(1A)(1B) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 31 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

134 Correspondence of patients. E+W

(1) A postal packet addressed to any person by a patient detained in a hospital under this Act and delivered by the patient for dispatch may be withheld from [F31 the postal operator concerned]—

(a) if that person has requested that communications addressed to him by the patient should be withheld; or

(b) subject to subsection (3) below, if the hospital is [F32 one at which high security psychiatric services are provided] and the managers of the hospital consider that the postal packet is likely—

(i) to cause distress to the person to whom it is addressed or to any other person (not being a person on the staff of the hospital); or

(ii) to cause danger to any person;

and any request for the purposes of paragraph (a) above shall be made by a notice in writing given to the managers of the hospital, [F33 or] the [F34 approved clinician with overall responsibility for the patient's case] F35 ... .

(2) Subject to subsection (3) below, a postal packet addressed to a patient detained [F36 under this Act in a hospital at which high security psychiatric services are provided] may be withheld from the patient if, in the opinion of the managers of the hospital, it is necessary to do so in the interests of the safety of the patient or for the protection of other persons.

(3) Subsections (1)(b) and (2) above do not apply to any postal packet addressed by a patient to, or sent to a patient by or on behalf of—

(a) any Minister of the Crown [F37 or the Scottish Ministers] or Member of either House of Parliament [F37 or member of the Scottish Parliament] [F38 or of the Northern Ireland Assembly];

[F39 (aa) any of the Welsh Ministers, the Counsel General to the Welsh Assembly Government or a member of the National Assembly for Wales;]

[F40 (b) any judge or officer of the Court of Protection, any of the Court of Protection Visitors or any person asked by that Court for a report under section 49 of the Mental Capacity Act 2005 concerning the patient;]

(c) the Parliamentary Commissioner for Administration, [F41 the Scottish Public Services Ombudsman,] [F42 the Public Services Ombudsman for Wales] the Health Service Commissioner for England, F43 . . . or a Local Commissioner within the meaning of Part III of the M1 Local Government Act 1974;

[F44 (ca) the Care Quality Commission;]

(d) [F45 the First-tier Tribunal or the Mental Health Review Tribunal for Wales];

(e) [F46 the National Health Service Commissioning Board, a clinical commissioning group,] a F47 ... [F48 Local Health Board] [F49 or Special Health Authority] F50 ..., a local social services authority, a Community Health Council F51 . . . [F52 , a] [F53 local probation board established under section 4 of the Criminal Justice and Court Services Act 2000)] [F54 or a provider of probation services];

[F55 (ea) a provider of a patient advocacy and liaison service for the assistance of patients at the hospital and their families and carers;

(eb) a provider of independent advocacy services for the patient;]

(f) the managers of the hospital in which the patient is detained;

(g) any legally qualified person instructed by the patient to act as his legal adviser; or

(h) the European Commission of Human Rights or the European Court of Human Rights.

[F56 and for the purposes of paragraph (d) above the reference to the First-tier Tribunal is a reference to that tribunal so far as it is acting for the purposes of any proceedings under this Act or paragraph 5(2) of the Schedule to the Repatriation of Prisoners Act 1984 F57 . ]

[F58 (3A) In subsection (3) above—

(a) “ patient advocacy and liaison service ” means a service of a description prescribed by regulations made by the Secretary of State, and

“ independent advocacy services ” means services provided under arrangements under [F59 section 248 of the National Health Service Act 2006 or section 187 of the National Health Service (Wales) Act 2006 ]. ]

[F60 (b) “ independent advocacy services ” means services provided under—

(i) arrangements under section 130A [F61 or section 130E ] above;

(ii) arrangements under [F62 section 223A of the Local Government and Public Involvement in Health Act 2007] or section 187 of the National Health Service (Wales) Act 2006; or

(iii) arrangements of a description prescribed as mentioned in paragraph (a) above.]

(4) The managers of a hospital may inspect and open any postal packet for the purposes of determining—

(a) whether it is one to which subsection (1) or (2) applies, and

(b) in the case of a postal packet to which subsection (1) or (2) above applies, whether or not it should be withheld under that subsection;

and the power to withhold a postal packet under either of those subsections includes power to withhold anything contained in it.

(5) Where a postal packet or anything contained in it is withheld under subsection (1) or (2) above the managers of the hospital shall record that fact in writing.

(6) Where a postal packet or anything contained in it is withheld under subsection (1)(b) or (2) above the managers of the hospital shall within seven days give notice of that fact to the patient and, in the case of a packet withheld under subsection (2) above, to the person (if known) by whom the postal packet was sent; and any such notice shall be given in writing and shall contain a statement of the effect of [F63 section 134A(1) to (4)].

(7) The functions of the managers of a hospital under this section shall be discharged on their behalf by a person on the staff of the hospital appointed by them for that purpose and different persons may be appointed to discharge different functions.

(8) The Secretary of State may make regulations with respect to the exercise of the powers conferred by this section.

(9) In this section [F64 and section 134A ] “ hospital ” has the same meaning as in Part II of this Act [F65 and “postal operator” and ] , “ postal packet ” [F66 have ] the same meaning as in [F67 Part 3 of the Postal Services Act 2011 (see section 27) ]

Textual Amendments

F31 Words in s. 134(1) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(2); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F32 Words in s. 134(1)(b) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 68; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F33 Word in s. 134(1) inserted (1.7.2012) by Health and Social Care Act 2012 (c. 7) , ss. 44(1)(a) , 306(4) (with s. 44(2) ); S.I. 2012/1319 , art. 2(3)

F34 Words in s. 134(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 14(4), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F35 Words in s. 134(1) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7) , ss. 44(1)(b) , 306(4) (with s. 44(2) ); S.I. 2012/1319 , art. 2(3)

F36 Words in s. 134(2) substituted (1.4.2000) by 1999 c. 8, s. 65(1), Sch. 4 para. 68; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F37 Words in s. 134(3)(a) inserted (1.7.1999) by S.I. 1999/1820, art 4, Sch. 2 Pt. I, para. 71 (with art. 5); S.I. 1998/3178, art. 2

F38 Words in s. 134(3)(a) inserted (2.12.1999) by 1998 c. 47, s. 99, Sch. 13, para. 5(2); S.I. 1999/3209, art. 2, Sch.

F39 S. 134(3)(aa) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 18 (the amendment comming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) in accordance with art. 1(2)(3) of the amending S.I. and see ss. 46, 161(5) of Government of Wales Act 2006 (c. 32))

F40 S. 134(3)(b) substituted (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 29(2) (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F41 Words in s. 134(3)(c) inserted (14.7.2004) by The Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 (S.I. 2004/1823), art. 9

F42 Words in s. 134(3)(c) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 21(a); S.I. 2005/2800, art. 5(1) (with art. 5(2))

F43 Words in s. 134(3)(c) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 21(b), Sch. 7; S.I. 2005/2800, art. 5(1) (with art. 5(2))

F44 S. 134(3)(ca) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(2); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F45 Words in s. 134(3)(d) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 65(a)

F46 Words in s. 134(3)(e) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 29(a) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9)

F47 Words in s. 134(3)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 29(b) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )

F48 Words in s. 134(3)(e) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(10)

F49 Words in s. 134(3)(e) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 29(c) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )

F50 Words in s. 134(3)(e) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7) , s. 306(4) , Sch. 5 para. 29(d) ; S.I. 2013/160 , art. 2(2) (with arts. 7-9 )

F51 Words in s. 134(3)(e) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 18; S.I. 2008/461, art. 2(3), Sch.

F52 Words in s. 134(3)(e) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 7(2)

F53 Words in s. 134(3)(e) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 74; S.I. 2001/919, art. 2(f)

F54 Words in s. 134(3)(e) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), arts. 1, 3, Sch. 1 para. 7(2)

F55 S. 134(3)(ea)(eb) inserted (1.7.2002 for W. and 1.9.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 6(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 2; S.I. 2003/2245, art. 2(b)

F56 Words in s. 134(3) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 65(b)

F57 1984 c.47.

F58 S. 134(3A) inserted (1.7.2002 for W. and 1.9.2003 for E.) by 2001 c. 15, ss. 67(1), 70(2), Sch. 5 para. 6(2) (with ss. 64(9), 65(4)); S.I. 2002/1475, art. 2(1), Sch. Pt. 2; S.I. 2003/2245, art. 2(b)

F59 Words in s. 134(3A) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s.2, Sch. 1 para. 68 (with Sch. 3 Pt. 1)

F60 S. 134(3A)(b) substituted (1.4.2008 for certain purposes, 3.11.2008 for further purposes and otherwise 1.4.2009) by Mental Health Act 2007 (c. 12), ss. 30(3), 56 (with Sch. 10); S.I. 2008/745, art. 2(b)(ii); S.I. 2008/2561, art. 2(c) (with art. 3, Sch.); S.I. 2009/139, art. 2(a) (with Sch. paras. 3, 4)

F61 Words in s. 134(3A)(b)(i) inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), s. 55(3), Sch. 1 para. 8; S.I. 2011/3046, arts. 2(k), 3(j) (with art. 5)

F62 Words in s. 134(3A)(b)(ii) substituted (27.3.2012 for specified purposes, otherwise 1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 185(3), 306(1)(d), (4); S.I 2013/106, art. 2 (with arts. 7-9)

F63 Words in s. 134(6) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(3); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F64 Words in s. 134(9) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 11(4); S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F65 Words in s. 134(9) inserted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(3)(a); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F66 Words in s. 134(9) substituted (26.3.2001) by 2000 c. 26, s. 127(4), Sch. 8 Pt. II para. 19(3)(b); S.I. 2001/1148, art. 2, Sch. (with art. 34)

F67 Words in s. 134(9) substituted (1.10.2011) by Postal Services Act 2011 (c. 5), s. 93(2)(3), Sch. 12 para. 115; S.I. 2011/2329, art. 3

Modifications etc. (not altering text)

C1 S. 134(3)(c) extended in part (1.7.1999) by S.I. 1999/1351, art. 17(2)(b) (with art. 18); S.I. 1998/3178, art. 2

Marginal Citations

M1 1974 c. 7.

[F68 134A Review of decisions to withhold correspondence E+W

(1) The regulatory authority must review any decision to withhold a postal packet (or anything contained in it) under subsection (1)(b) or (2) of section 134 if an application for a review of the decision is made—

(a) in a case under subsection (1)(b) of that section, by the patient; or

(b) in a case under subsection (2) of that section, either by the patient or by the person by whom the postal packet was sent.

(2) An application under subsection (1) must be made within 6 months of receipt by the applicant of the notice referred to in section 134(6).

(3) On an application under subsection (1), the regulatory authority may direct that the postal packet (or anything contained in it) is not to be withheld.

(4) The managers of the hospital concerned must comply with any such direction.

(5) The Secretary of State may by regulations make provision in connection with the making to and determination by the Care Quality Commission of applications under subsection (1), including provision for the production to the Commission of any postal packet which is the subject of such an application.

(6) The Welsh Ministers may by regulations make provision in connection with the making to them of applications under subsection (1), including provision for the production to them of any postal packet which is the subject of such an application.]

Textual Amendments

F68 S. 134A inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 12; S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

135 Warrant to search for and remove patients. E+W

(1) If it appears to a justice of the peace, on information on oath laid by an [F69 approved mental health professional], that there is reasonable cause to suspect that a person believed to be suffering from mental disorder—

(a) has been, or is being, ill-treated, neglected or kept otherwise than under proper control, in any place within the jurisdiction of the justice, or

(b) being unable to care for himself, is living alone in any such place,

the justice may issue a warrant authorising any constable F70 . . . to enter, if need be by force, any premises specified in the warrant in which that person is believed to be, and, if thought fit, to remove him to a place of safety with a view to the making of an application in respect of him under Part II of this Act, or of other arrangements for his treatment or care.

[F71 (1A) If the premises specified in the warrant are a place of safety, the constable executing the warrant may, instead of removing the person to another place of safety, keep the person at those premises for the purpose mentioned in subsection (1).]

(2) If it appears to a justice of the peace, on information on oath laid by any constable or other person who is authorised by or under this Act or under [F72 article 8 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (Consequential Provisions) Order 2005] to take a patient to any place, or to take into custody or retake a patient who is liable under this Act or under the said [F73 article 8] to be so taken or retaken—

(a) that there is reasonable cause to believe that the patient is to be found on premises within the jurisdiction of the justice; and

(b) that admission to the premises has been refused or that a refusal of such admission is apprehended,

the justice may issue a warrant authorising any constable F70 . . . to enter the premises, if need be by force, and remove the patient.

(3) A patient who is removed to a place of safety in the execution of a warrant issued [F74 under subsection (1)] [F75 , or kept at the premises specified in the warrant under subsection (1A),] may be detained there for a period not exceeding [F76 the permitted period of detention].

[F77 (3ZA) In subsection (3), “the permitted period of detention” means—

(a) the period of 24 hours beginning with—

(i) in a case where the person is removed to a place of safety, the time when the person arrives at that place;

(ii) in a case where the person is kept at the premises specified in the warrant, the time when the constable first entered the premises to execute the warrant; or

(b) where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.]

[F78 (3A) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of [F79 the permitted period of detention] mentioned in subsection (3) above, take a person detained in a place of safety under that subsection to one or more other places of safety.

(3B) A person taken to a place of safety under subsection (3A) above may be detained there for a period ending no later than the end of [F80 the permitted period of detention] mentioned in subsection (3) above.]

(4) In the execution of a warrant issued under subsection (1) above, [F81 a constable] shall be accompanied by an [F69 approved mental health professional] and by a registered medical practitioner, and in the execution of a warrant issued under subsection (2) above [F81 a constable] may be accompanied—

(a) by a registered medical practitioner;

(b) by any person authorised by or under this Act or under [F82 article 8 of the Mental Health (Care and Treatment)(Scotland) Act 2003 (Consequential Provisions) Order 2005] to take or retake the patient.

(5) It shall not be necessary in any information or warrant under subsection (1) above to name the patient concerned.

(6) In this section “place of safety” means residential accommodation provided by a local social services authority under [F83 Part 1 of the Care Act 2014 or] [F84 Part 4 of the Social Services and Well-being (Wales) Act 2014] F85 . . . , a hospital as defined by this Act, a police station, [F86 an independent hospital or care home] for mentally disordered persons or any other suitable place F87 ....

[F88 (7) For the purpose of subsection (6)—

(a) a house, flat or room where a person is living may not be regarded as a suitable place unless—

(i) if the person believed to be suffering from a mental disorder is the sole occupier of the place, that person agrees to the use of the place as a place of safety;

(ii) if the person believed to be suffering from a mental disorder is an occupier of the place but not the sole occupier, both that person and one of the other occupiers agree to the use of the place as a place of safety;

(iii) if the person believed to be suffering from a mental disorder is not an occupier of the place, both that person and the occupier (or, if more than one, one of the occupiers) agree to the use of the place as a place of safety;

(b) a place other than one mentioned in paragraph (a) may not be regarded as a suitable place unless a person who appears to the constable exercising powers under this section to be responsible for the management of the place agrees to its use as a place of safety.]

[F89 (8) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station under this section.]

Textual Amendments

F69 Words in s. 135(1)(4) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 10(a) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)

F70 Words repealed by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 7 Pt. I

F71 S. 135(1A) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 80(2), 183(1)(5)(e); S.I. 2017/1017, reg. 3(a) (with reg. 4)

F72 Words in s. 135(2) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 2(9)(a)(i)

F73 Words in s. 135(2) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 2(9)(a)(ii)

F74 Words in s. 135(3) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 80(3)(a), 183(1)(5)(e); S.I. 2017/1017, reg. 3(a) (with reg. 4)

F75 Words in s. 135(3) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 80(3)(b), 183(1)(5)(e); S.I. 2017/1017, reg. 3(a) (with reg. 4)

F76 Words in s. 135(3) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(2)(a), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F77 S. 135(3ZA) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(2)(b), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F78 S. 135(3A)(3B) inserted (30.4.2008) by Mental Health Act 2007 (c. 12), ss. 44(2), 56 (with Sch. 10); S.I. 2008/800, art. 2 (with art. 3)

F79 Words in s. 135(3A) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(2)(c), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F80 Words in s. 135(3B) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(2)(d), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F81 Words substituted by Police and Criminal Evidence Act 1984 (c. 60, SIF 95), s. 119, Sch. 6 Pt. I para. 26

F82 Words in s. 135(4)(b) substituted (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 15, Sch. 1 para. 2(9)(b)

F83 Words in s. 135(6) inserted (1.4.2015) by The Care Act 2014 and Children and Families Act 2014 (Consequential Amendments) Order 2015 (S.I. 2015/914), art. 1(2), Sch. para. 29 (with arts. 1(3), 3)

F84 Words in s. 135(6) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (No. 413), regs. 2(1), 37

F85 Words in s. 135(6) repealed (1.4.1993) by National Health Service and Community Care Act 1990 (c. 19), s. 66(2), Sch. 10; S.I. 1992/2975, art. 2(2), Sch.

F86 Words in s. 135(6) substituted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(9); S.I. 2001/4050, art. 3(3) (subject to art. 4); S.I. 2002/920, art. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))

F87 Words in s. 135(6) omitted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), ss. 81(2), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

F88 S. 135(7) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(3), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

F89 S. 135(8) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(4), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

136 [F90 Removal etc of mentally disordered persons without a warrant] E+W

[F91 (1) If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—

(a) remove the person to a place of safety within the meaning of section 135, or

(b) if the person is already at a place of safety within the meaning of that section, keep the person at that place or remove the person to another place of safety.

(1A) The power of a constable under subsection (1) may be exercised where the mentally disordered person is at any place, other than—

(a) any house, flat or room where that person, or any other person, is living, or

(b) any yard, garden, garage or outhouse that is used in connection with the house, flat or room, other than one that is also used in connection with one or more other houses, flats or rooms.

(1B) For the purpose of exercising the power under subsection (1), a constable may enter any place where the power may be exercised, if need be by force.]

[F92 (1C) Before deciding to remove a person to, or to keep a person at, a place of safety under subsection (1), the constable must, if it is practicable to do so, consult—

(a) a registered medical practitioner,

(b) a registered nurse,

(c) an approved mental health professional, or

(d) a person of a description specified in regulations made by the Secretary of State.]

(2) A person [F93 removed to, or kept at,] a place of safety under this section may be detained there for a period not exceeding [F94 the permitted period of detention] for the purpose of enabling him to be examined by a registered medical practitioner and to be interviewed by an [F95 approved mental health professional] and of making any necessary arrangements for his treatment or care.

[F96 (2A) In subsection (2), “the permitted period of detention” means—

(a) the period of 24 hours beginning with—

(i) in a case where the person is removed to a place of safety, the time when the person arrives at that place;

(ii) in a case where the person is kept at a place of safety, the time when the constable decides to keep the person at that place; or

(b) where an authorisation is given in relation to the person under section 136B, that period of 24 hours and such further period as is specified in the authorisation.]

[F97 (3) A constable, an approved mental health professional or a person authorised by either of them for the purposes of this subsection may, before the end of [F98 the permitted period of detention] mentioned in subsection (2) above, take a person detained in a place of safety under that subsection to one or more other places of safety.

(4) A person taken to a place of a safety under subsection (3) above may be detained there for a purpose mentioned in subsection (2) above for a period ending no later than the end of [F99 the permitted period of detention] mentioned in that subsection.]

[F100 (5) This section is subject to section 136A which makes provision about the removal and taking of persons to a police station, and the keeping of persons at a police station, under this section.]

Textual Amendments

F90 S. 136 heading substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 80(7), 183(1)(5)(e); S.I. 2017/1017, reg. 3(a) (with reg. 4)

F91 S. 136(1)-(1B) substituted for s. 136(1) (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 80(4), 183(1)(5)(e); S.I. 2017/1017, reg. 3(a) (with reg. 4)

F92 S. 136(1C) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 80(5), 183(1)(5)(e); S.I. 2017/1017, reg. 3(a) (with reg. 4)

F93 Words in s. 136(2) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 80(6), 183(1)(5)(e); S.I. 2017/1017, reg. 3(a) (with reg. 4)

F94 Words in s. 136(2) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(3)(a), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F95 Words in s. 136(2) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 10(b) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)

F96 S. 136(2A) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(3)(b), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F97 S. 136(3)(4) inserted (30.4.2008) by Mental Health Act 2007 (c. 12), ss. 44(3), 56 (with Sch. 10); S.I. 2008/800, art. 2 (with art. 3)

F98 Words in s. 136(3) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(3)(c), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F99 Words in s. 136(4) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(3)(d), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F100 S. 136(5) inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(5), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

[F101 136A Use of police stations as places of safety E+W

(1) A child may not, in the exercise of a power to which this section applies, be removed to, kept at or taken to a place of safety that is a police station.

(2) The Secretary of State may by regulations—

(a) provide that an adult may be removed to, kept at or taken to a place of safety that is a police station, in the exercise of a power to which this section applies, only in circumstances specified in the regulations;

(b) make provision about how adults removed to, kept at or taken to a police station, in the exercise of a power to which this section applies, are to be treated while at the police station, including provision for review of their detention.

(3) Regulations under this section—

(a) may make different provision for different cases;

(b) may make provision that applies subject to specified exceptions;

(c) may include incidental, supplementary or consequential provision or transitional, transitory or saving provision.

(4) The powers to which this section applies are—

(a) the power to remove a person to a place of safety under a warrant issued under section 135(1);

(b) the power to take a person to a place of safety under section 135(3A);

(c) the power to remove a person to, or to keep a person at, a place of safety under section 136(1);

(d) the power to take a person to a place of safety under section 136(3).

(5) In this section—

(a) “child” means a person aged under 18;

(b) “adult” means a person aged 18 or over.]

Textual Amendments

F101 S. 136A inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 81(6), 183(1)(5)(e); S.I. 2017/1017, reg. 3(b) (with reg. 4)

[F102 136B Extension of detention E+W

(1) The registered medical practitioner who is responsible for the examination of a person detained under section 135 or 136 may, at any time before the expiry of the period of 24 hours mentioned in section 135(3ZA) or (as the case may be) 136(2A), authorise the detention of the person for a further period not exceeding 12 hours (beginning immediately at the end of the period of 24 hours).

(2) An authorisation under subsection (1) may be given only if the registered medical practitioner considers that the extension is necessary because the condition of the person detained is such that it would not be practicable for the assessment of the person for the purpose of section 135 or (as the case may be) section 136 to be carried out before the end of the period of 24 hours (or, if the assessment began within that period, for it to be completed before the end).

(3) If the person is detained at a police station, and the assessment would be carried out or completed at the station, the registered medical practitioner may give an authorisation under subsection (1) only if an officer of the rank of superintendent or above approves it.]

Textual Amendments

F102 S. 136B inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(4), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

[F103 136C Protective searches E+W

(1) Where a warrant is issued under section 135(1) or (2), a constable may search the person to whom the warrant relates if the constable has reasonable grounds for believing that the person—

(a) may present a danger to himself or herself or to others, and

(b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

(2) The power to search conferred by subsection (1) may be exercised—

(a) in a case where a warrant is issued under section 135(1), at any time during the period beginning with the time when a constable enters the premises specified in the warrant and ending when the person ceases to be detained under section 135;

(b) in a case where a warrant is issued under section 135(2), at any time while the person is being removed under the authority of the warrant.

(3) Where a person is detained under section 136(2) or (4), a constable may search the person, at any time while the person is so detained, if the constable has reasonable grounds for believing that the person—

(a) may present a danger to himself or herself or to others, and

(b) is concealing on his or her person an item that could be used to cause physical injury to himself or herself or to others.

(4) The power to search conferred by subsection (1) or (3) is only a power to search to the extent that is reasonably required for the purpose of discovering the item that the constable believes the person to be concealing.

(5) The power to search conferred by subsection (1) or (3)—

(a) does not authorise a constable to require a person to remove any of his or her clothing other than an outer coat, jacket or gloves, but

(b) does authorise a search of a person’s mouth.

(6) A constable searching a person in the exercise of the power to search conferred by subsection (1) or (3) may seize and retain anything found, if he or she has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or herself or to others.

(7) The power to search a person conferred by subsection (1) or (3) does not affect any other power to search the person.]

Textual Amendments

F103 S. 136C inserted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 83, 183(1)(5)(e); S.I. 2017/1017, reg. 3(d) (with reg. 4)

137 Provisions as to custody, conveyance and detention. U.K.

(1) Any person required or authorised by or by virtue of this Act to be conveyed to any place or to be kept in custody or detained in a place of safety or at any place to which he is taken under section 42(6) above shall, while being so conveyed, detained or kept, as the case may be, be deemed to be in legal custody.

(2) A constable or any other person required or authorised by or by virtue of this Act to take any person into custody, or to convey or detain any person shall, for the purposes of taking him into custody or conveying or detaining him, have all the powers, authorities, protection and privileges which a constable has within the area for which he acts as constable.

(3) In this section “convey” includes any other expression denoting removal from one place to another.

Modifications etc. (not altering text)

C2 S. 137 extended (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art.2

138 Retaking of patients escaping from custody. U.K.

(1) If any person who is in legal custody by virtue of section 137 above escapes, he may, subject to the provisions of this section, be retaken—

(a) in any case, by the person who had his custody immediately before the escape, or by any constable or [F104 approved mental health professional];

(b) if at the time of the escape he was liable to be detained in a hospital within the meaning of Part II of this Act, or subject to guardianship under this Act, [F105 or a community patient who was recalled to hospital under section 17E above,] by any other person who could take him into custody under section 18 above if he had absented himself without leave.

(2) A person to whom paragraph (b) of subsection (1) above applies shall not be retaken under this section after the expiration of the period within which he could be retaken under section 18 above if he had absented himself without leave on the day of his escape unless he is subject to a restriction order under Part III of this Act or an order or direction having the same effect as such an order; and subsection (4) of the said section 18 shall apply with the necessary modifications accordingly.

(3) A person who escapes while being taken to or detained in a place of safety under section 135 or 136 above shall not be retaken under this section [F106 —

(a) in a case where the person escapes while being removed to a place of safety in the execution of a warrant under section 135(1) or under section 136(1), after the end of the period of 24 hours beginning with the escape;

(b) in a case where the person escapes after the beginning of the period that is the permitted period of detention in relation to the person under section 135(3ZA) or 136(2A), after the end of that period (taking into account any authorisation under section 136B(1) that was given before the person escaped).]

(4) This section, so far as it relates to the escape of a person liable to be detained in a hospital within the meaning of Part II of this Act, shall apply in relation to a person who escapes—

(a) while being taken to or from such a hospital in pursuance of regulations under section 19 above, or of any order, direction or authorisation under Part III or VI of this Act (other than under section 35, 36, 38, 53, 83 or 85) F107 ... ; or

(b) while being taken to or detained in a place of safety in pursuance of an order under Part III of this Act (other than under section 35, 36 or 38 above) pending his admission to such a hospital,

as if he were liable to be detained in that hospital and, if he had not previously been received in that hospital, as if he had been so received.

(5) In computing for the purposes of the power to give directions under section 37(4) above and for the purposes of sections 37(5) and 40(1) above the period of 28 days mentioned in those sections, no account shall be taken of any time during which the patient is at large and liable to be retaken by virtue of this section.

(6) Section 21 above shall, with any necessary modifications, apply in relation to a patient who is at large and liable to be retaken by virtue of this section as it applies in relation to a patient who is absent without leave and references in that section to section 18 above shall be construed accordingly.

Textual Amendments

F104 Words in s. 138(1)(a) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 10(c) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)

F105 Words in s. 138(1)(b) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 32 (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F106 Words in s. 138(3) substituted (31.1.2017 for specified purposes, 11.12.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 82(5), 183(1)(5)(e); S.I. 2017/1017, reg. 3(c) (with reg. 4)

F107 Words in s. 138(4)(a) omitted (1.7.2012) by virtue of Health and Social Care Act 2012 (c. 7), ss. 42(3), 306(4) (with s. 42(5)); S.I. 2012/1319, art. 2(3)

Modifications etc. (not altering text)

C3 S. 138 extended (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art.2

139 Protection for acts done in pursuance of this Act. E+W

(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, F108 . . . , unless the act was done in bad faith or without reasonable care.

(2) No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.

(3) This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.

(4) This section does not apply to proceedings against the Secretary of State or against [F109 the National Health Service Commissioning Board, a clinical commissioning group,] a F110 ... [F111 Local Health Board] [F112 or Special Health Authority] F113 ... [F114 or against a National Health Service trust established under [F115 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]] [F116 or NHS foundation trust] [F117 or against the Department of Justice in Northern Ireland] [F118 or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions].

(5) In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F108 Words in s. 139(1) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 29(3), Sch 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F109 Words in s. 139(4) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(a); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)

F110 Words in s. 139(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(b); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)

F111 Words in s. 139(4) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(11)

F112 Words in s. 139(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(c); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)

F113 Words in s. 139(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(d); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)

F114 Words in s. 139(4) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(7)

F115 Words in s. 139(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 69 (with Sch. 3 Pt. 1)

F116 Words in s. 139(4) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 56; S.I. 2004/759, art.2

F117 Words in s. 139(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 28(5) (with arts. 28-31)

F118 Words in s. 139(4) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications etc. (not altering text)

C4 S. 139 applied (E.W) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 12(2)

C5 S. 139 extended by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 122(2)

C6 S. 139 extended (E.W.) (1.1.1992) by Criminal Procedure (Insanity and Unfitness to Plead) Act 1991 (c. 25, SIF 39:1), s. 6(2); S.I. 1991/2488, art. 2

139 Protection for acts done in pursuance of this Act. S+N.I.

(1) No person shall be liable, whether on the ground of want of jurisdiction or on any other ground, to any civil or criminal proceedings to which he would have been liable apart from this section in respect of any act purporting to be done in pursuance of this Act or any regulations or rules made under this Act, F108 . . . unless the act was done in bad faith or without reasonable care.

(2) No civil proceedings shall be brought against any person in any court in respect of any such act without the leave of the High Court; and no criminal proceedings shall be brought against any person in any court in respect of any such act except by or with the consent of the Director of Public Prosecutions.

(3) This section does not apply to proceedings for an offence under this Act, being proceedings which, under any other provision of this Act, can be instituted only by or with the consent of the Director of Public Prosecutions.

(4) This section does not apply to proceedings against the Secretary of State or against [F109 the National Health Service Commissioning Board, a clinical commissioning group,] a F110 ... [F111 Local Health Board] [F112 or Special Health Authority] [F210 or against a National Health Service trust established under [F211 the National Health Service Act 2006 or the National Health Service (Wales) Act 2006]][F212 or NHS foundation trust] [F117 or against the Department of Justice in Northern Ireland] [F118 or against a person who has functions under this Act by virtue of section 12ZA in so far as the proceedings relate to the exercise of those functions].

(5) In relation to Northern Ireland the reference in this section to the Director of Public Prosecutions shall be construed as a reference to the Director of Public Prosecutions for Northern Ireland.

Extent Information

E2 For extent of s. 139 to Northern Ireland and of s. 139(1) to Scotland see ss. 146, 147

E3 This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F108 Words in s. 139(1) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 29(3), Sch 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F109 Words in s. 139(4) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(a); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)

F110 Words in s. 139(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(b); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)

F111 Words in s. 139(4) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(11)

F112 Words in s. 139(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 30(c); S.I. 2013/160, art. 2(2) (with arts. 7-10, Sch. para. 3)

F117 Words in s. 139(4) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 28(5) (with arts. 28-31)

F118 Words in s. 139(4) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(3), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F210 Words in s. 139(4) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(7)

F211 Words in s. 139(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 69 (with Sch. 3 Pt. 1)

F212 Words in s. 139(4) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 56; S.I. 2004/759, art.2

Modifications etc. (not altering text)

C9 S. 139 applied (N.I.) (5.10.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078), art. 12(2)

C10 S. 139 extended by Mental Health (Scotland) Act 1984 (c. 36, SIF 85), ss. 17(2), 122(2)

140 [F119 Notification of hospitals having arrangements for special cases.] E+W

It shall be the duty of [F120 every clinical commissioning group and of] F121 ... every [F122 Local Health Board] to give notice to every local social services authority for an area wholly or partly comprised within the [F123 area of the [F124 clinical commissioning group or] F125 ... [F122 Local Health Board]] specifying the hospital or hospitals administered by [F126 or otherwise available [F127 to the [F128 clinical commissioning group or] F129 ... [F122 Local Health Board]]] in which arrangements are from time to time in force

[F130 (a) for the reception of patients in cases of special urgency;

(b) for the provision of accommodation or facilities designed so as to be specially suitable for patients who have not attained the age of 18 years.]

Textual Amendments

F119 S. 140: title substituted (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 31(4), 56 (with Sch. 10); S.I. 2008/1900, art. 2(h) (with art. 3, Sch.)

F120 Words in s. 140 inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 45(1)(a), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F121 Words in s. 140 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 45(1)(b), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F122 Words in s. 140 substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(12)

F123 Words in s. 140 inserted (1.10.2002) by 2002 c. 17, s. 2(5), Sch. 2 Pt. 2 para. 48(b); S.I. 2002/2478, art. 3(1)(d) (with saving in art. 3(3) and transitional provision in art. 4)

F124 Words in s. 140 inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 45(1)(c), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F125 Words in s. 140 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 45(1)(d), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F126 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(8)

F127 Words in s. 140 substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, s. 2(1), Sch. 1, Pt. III, para. 107(12) (with ss. 2(3), 8)

F128 Words in s. 140 inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 45(1)(e), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F129 Words in s. 140 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 45(1)(f), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F130 S. 140(a)(b) substituted (3.11.2008) for words in s. 140 by Mental Health Act 2007 (c. 12), ss. 31(4), 56 (with Sch. 10); S.I. 2008/1900, art. 2(h) (with art. 3, Sch.)

Modifications etc. (not altering text)

C7 S. 140: functions of local authority may be responsibility of an executive of the authority (1.4.2000) by virtue of S.I. 2000/695, reg. 3(2)(b), Sch. 2

F131 141 Members of Parliament suffering from mental illness. U.K.

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

Textual Amendments

F131 S. 141 repealed (28.4.2013) by Mental Health (Discrimination) Act 2013 (c. 8), ss. 1(1), 4(1)

F132 142 Pay, pensions, etc., of mentally disordered persons. U.K.

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

Textual Amendments

F132 S. 142 ceases to have effect (E.W.) (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1), 68(1)-(3), Sch. 6 para. 29(4) (with ss. 27, 28, 29, 62, Sch. 6 para. 29(5)(6)); S.I. 2007/1897, art. 2(1)(d); s. 142 repealed (S.) (5.10.2007) by Adult Support and Protection (Scotland) Act 2007 (asp. 10), ss. 77(2), 79, Sch. 2; S.S.I. 2007/334, art. 2(b), Sch. 2 (with art. 6)

Modifications etc. (not altering text)

C8 S. 142 applied (21.1.1994) by S.I. 1993/3253, reg. R1(2).

[F133 142A Regulations as to approvals in relation to England and Wales E+W

The Secretary of State jointly with the Welsh Ministers may by regulations make provision as to the circumstances in which—

(a) a practitioner approved for the purposes of section 12 above, or

(b) a person approved to act as an approved clinician for the purposes of this Act,

approved in relation to England is to be treated, by virtue of his approval, as approved in relation to Wales too, and vice versa.]

Textual Amendments

F133 S. 142A inserted (1.4.2008 for E.W.) by Mental Health Act 2007 (c. 12), ss. 17, 56 (with Sch. 10); S.I. 2008/745, art. 3(a)

[F134 142B Delegation of powers of managers of NHS foundation trusts E+W

(1) The constitution of an NHS foundation trust may not provide for a function under this Act to be delegated otherwise than in accordance with provision made by or under this Act.

(2) Paragraph 15(3) of Schedule 7 to the National Health Service Act 2006 (which provides that the powers of a public benefit corporation may be delegated to a committee of directors or to an executive director) shall have effect subject to this section.]

Textual Amendments

F134 S. 142B inserted (24.7.2007) by Mental Health Act 2007 (c. 12), ss. 45(3), 56 (with Sch. 10); S.I. 2007/2156, art. 2

Supplemental U.K.

143 General provisions as to regulations, orders and rules. U.K.

(1) Any power of the Secretary of State or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

(2) Any Order in Council under this Act [F135 or any order made [F136 by the Secretary of State] under section 54A [F137 or 68A(7)][F138 or 65]above]and any statutory instrument containing regulations [F139 made by the Secretary of State, or rules made,] under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) No order shall be made [F140 by the Secretary of State] under section [F141 45A(10),][F142 68A(1)] or 71(3) above unless a draft of it has been approved by a resolution of each House of Parliament.

[F143 (3A) Subsections (3B) to [F144 (3DB)] apply where power to make regulations or an order under this Act is conferred on the Welsh Ministers (other than by or by virtue of the Government of Wales Act 2006).

(3B) Any power of the Welsh Ministers to make regulations or an order shall be exercisable by statutory instrument.

(3C) Any statutory instrument containing regulations, or an order under section 68A(7) above, made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3D) No order shall be made under section 68A(1) above by the Welsh Ministers unless a draft of it has been approved by a resolution of the National Assembly for Wales.

[F145 (3DA) Subsection (3C) does not apply to regulations to which subsection (3DB) applies.

(3DB) A statutory instrument which contains (alone or with other provisions) the first regulations to be made under any of the following provisions–

(a) section 130E(2),

(b) section 130E(4)(b),

(c) section 130E(5)(b),

(d) section 130F(2)(d),

(e) section 130G(2)(c), or

(f) section 130H(1)(b)(ii),

must not be made unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, the National Assembly for Wales.]

(3E) In this section—

(a) references to the Secretary of State include the Secretary of State and the Welsh Ministers acting jointly; and

(b) references to the Welsh Ministers include the Welsh Ministers and the Secretary of State acting jointly.]

[F146 (4) This section does not apply to rules which are, by virtue of section 108 of this Act, to be made in accordance with Part 1 of Schedule 1 to the Constitutional Reform Act 2005.]

Textual Amendments

F135 Words in s. 143(2) inserted (E.W) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 27(3) (with s. 28); S.I. 1992/333, art. 2(2), Sch. 2

F136 Words in s. 143(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(5)(a)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)

F137 Words in s. 143(2) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(5)(a)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)

F138 Words in s. 143(2) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 Pt. III para. 107(13)

F139 Words in s. 143(2) substituted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 47(2), 56 (with Sch. 10)); S.I. 2008/745, art. 3(g)

F140 Words in s. 143(3) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(5)(b)(i), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)

F141 Words in s. 143(3) inserted (E.W) (1.10.1997) by 1997 c. 43, ss. 55, 57(2), Sch. 4 para. 12(18); S.I. 1997/2200, art. 2

F142 Word in s. 143(3) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 37(5)(b)(ii), 56 (with Sch. 10); S.I. 2008/1900, art. 2(l) (with art. 3, Sch.)

F143 S. 143(3A)-(3E) inserted (1.4.2008) by Mental Health Act 2007 (c. 12), ss. 47(3), 56 (with Sch. 10); S.I. 2008/745, art. 3(g)

F144 Word in s. 143(3A) substituted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 40(2), 55(3); S.I. 2011/3046, arts. 2(g), 3(g) (with art. 5)

F145 S. 143(3DA)(3DB) inserted (3.1.2012 for specified purposes, 2.4.2012 in so far as not already in force) by Mental Health (Wales) Measure 2010 (nawm 7), ss. 40(3), 55(3); S.I. 2011/3046, arts. 2(g), 3(g) (with art. 5)

F146 S. 143(4) inserted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 12, 148, Sch. 1 para. 16; S.I. 2006/1014, art. 2(a), Sch. 1 para. 7

144 Power to amend local Acts. U.K.

Her Majesty may by Order in Council repeal or amend any local enactment so far as appears to Her Majesty to be necessary in consequence of this Act.

145 Interpretation. U.K.

(1) In this Act, unless the context otherwise requires—

• “absent without leave” has the meaning given to it by section 18 above and related expressions [F147 (including expressions relating to a patient's liability to be returned to a hospital or other place)] shall be construed accordingly;

• “application for admission for assessment” has the meaning given in section 2 above;

• “application for admission for treatment” has the meaning given in section 3 above;

• [F148 “the appropriate tribunal” has the meaning given by section 66(4) above;]

• [F149 “approved clinician” means a person approved by the Secretary of State [F150 or another person by virtue of section 12ZA or 12ZB above] (in relation to England) or by the Welsh Ministers (in relation to Wales) to act as an approved clinician for the purposes of this Act;]

• [F151 “approved mental health professional” has the meaning given in section 114 above;]

• [F152 “care home”—

  (a)

  has the same meaning as in the Care Standards Act 2000 in respect of a care home in England; and

  (b)

  means a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided wholly or mainly to persons aged 18 or over;]

• [F153 “community patient” has the meaning given in section 17A above;]

• [F154 “community treatment order” and “the community treatment order” have the meanings given in section 17A above;]

• [F155 “the community treatment period” has the meaning given in section 20A above;]

• F156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F157 “high security psychiatric services” has the same meaning as in the [F158 section 4 of the National Health Service Act 2006 or section 4 of the National Health Service (Wales) Act 2006],]

• “hospital” means—

  (a)

  any health service hospital within the meaning of the [F159 National Health Service Act 2006 or the National Health Service (Wales) Act 2006]; and

  (b)

  any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under that Act;[F160 ; and

  (c)

  any hospital as defined by section 206 of the National Health Service (Wales) Act 2006 which is vested in a Local Health Board;]

• “hospital within the meaning of Part II of this Act” has the meaning given in section 34 above;

• [F161 “hospital direction” has the meaning given in section 45A(3)(a) above; ]

• “hospital order” and “guardianship order” have the meanings respectively given in section 37 above;

• [F162 “independent hospital”—

  (a)

  in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section, and

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;]

• “interim hospital order” has the meaning given in section 38 above;

• [F161 “limitation direction” has the meaning given in section 45A(3)(b) above;]

• [F163 “Local Health Board” means a Local Health Board established under section 11 of the National Health Services (Wales) Act 2006;]

• [F164 “local social services authority” means—

  (a)

  an authority in England which is a local authority for the purposes of Part 1 of the Care Act 2014, or

  (b)

  an authority in Wales which is a local authority for the purposes of the Social Services and Well-being (Wales) Act 2014.]

• “the managers” means—

  (a)

  in relation to a hospital vested in the Secretary of State for the purposes of his functions under the [F165 the National Health Service Act 2006, or in the Welsh Ministers for the purposes of their functions under the National Health Service (Wales) Act 2006,], and in relation to any accommodation provided by a local authority and used as a hospital by or on behalf of the Secretary of State under [F166 the National Health Service Act 2006, or of the Welsh Ministers under the National Health Service (Wales) Act 2006,] [F167 the Secretary of State where the Secretary is responsible for the administration of the hospital or]the F168 ... F169 ... [F170 [F171 Local Health Board] or Special Health Authority] responsible for the administration of the hospital;

  (b)

  F172 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (bb)

  [F173 in relation to a hospital vested in F174 ... a National Health Service trust,F175 ... the trust]

  (bc)

  [F176 in relation to a hospital vested in an NHS foundation trust, the trust;]

  (bd)

  [F177 in relation to a hospital vested in a Local Health Board, the Board;]

  (c)

  [F178 in relation to a registered establishment—

  (i)

  if the establishment is in England, the person or persons registered as a service provider under Chapter 2 of Part 1 of the Health and Social Care Act 2008 in respect of the regulated activity (within the meaning of that Part) relating to the assessment or medical treatment of mental disorder that is carried out in the establishment, and

  (ii)

  if the establishment is in Wales, the person or persons registered in respect of the establishment under Part 2 of the Care Standards Act 2000;]

• and in this definition “hospital” means a hospital within the meaning of Part II of this Act;

• “medical treatment” includes nursing, [F179 psychological intervention and specialist mental health habilitation, rehabilitation and care (but see also subsection (4) below);]

• [F180 “mental disorder” has the meaning given in section 1 above (subject to [F181 section 86(4)]);]

• F182 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “nearest relative”, in relation to a patient, has the meaning given in Part II of this Act;

• “patient”F183 ... means a person suffering or appearing to be suffering from mental disorder;

• F184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F185 “registered establishment” has the meaning given in section 34 above;]

• F186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F187 “the regulatory authority” means—

  (a)

  in relation to England, the Care Quality Commission;

  (b)

  in relation to Wales, the Welsh Ministers;]

• [F188 “the responsible hospital” has the meaning given in section 17A above;]

• “restriction direction” has the meaning given to it by section 49 above;

• “restriction order” has the meaning given to it by section 41 above;

• [F189 “Special Health Authority” means a Special Health Authority established under [F190 section 28 of the National Health Service Act 2006, or section 22 of the National Health Service (Wales) Act 2006];]

• F191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “transfer direction” has the meaning given to it by section 47 above.

[F195 (1AA) Where high security psychiatric services and other services are provided at a hospital, the part of the hospital at which high security psychiatric services are provided and the other part shall be treated as separate hospitals for the purposes of this Act.]

[F196 (1AB) References in this Act to appropriate medical treatment shall be construed in accordance with section 3(4) above.]

[F197 (1AC) References in this Act to an approved mental health professional shall be construed as references to an approved mental health professional acting on behalf of a local social services authority, unless the context otherwise requires.]

F198 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F199 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to a person who is liable to be detained or subject to guardianship [F200 or a community patient] by virtue of an order or direction under Part III of this Act (other than under section 35, 36 or 38), any reference in this Act to any enactment contained in Part II of this Act or in section 66 or 67 above shall be construed as a reference to that enactment as it applies to that person by virtue of Part III of this Act.

[F201 (4) Any reference in this Act to medical treatment, in relation to mental disorder, shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.]

Textual Amendments

F147 Words in definition of "absent without leave" in s. 145(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 34(2) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F148 Words in s. 145(1) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 6, Sch. 3 para. 66

F149 Definition of "approved clinician" in s. 145(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 14(5), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F150 Words in definition of "approved clinician" in s. 145(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), ss. 38(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F151 Definition of "approved mental health professional" in s. 145(1) substituted (3.11.2008) for definition of "approved social worker" by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 11(2) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)

F152 Definition of "care home" in s. 145(1) substituted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), regs. 2(1), 6

F153 Definition of "community patient" in s. 145(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 34(3) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F154 Definition of "community treatment order" in s. 145(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 34(3) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F155 Definition of "the community treatment period" in s. 145(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 34(3) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F156 Definition of "Health Authority" in s. 145(1) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 70(a) (with Sch. 3 Pt. 1)

F157 Definition of "high security psychiatric services" in s. 145(1) inserted (1.4.2000) by 1999 c. 8, s. 65, Sch. 4, para. 69(2)(a); S.I. 1999/2793, art. 2(3)(a), Sch. 3

F158 Words in definition of "high security psychiatric services" in s. 145(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 70(b) (with Sch. 3 Pt. 1)

F159 Words in definition of "hospital" para. (a) in s. 145(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act (c. 43), ss. 2, 8(2), ({Sch. 1 para. 70(c)} (with Sch. 3 Pt. 1)

F160 Words in definition of "hospital" in s. 145(1) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 46(3)(a), 56 (with Sch. 10); S.I. 2007/2798, art. 2(g)

F161 Definitions of “hospital direction” and “limitation direction” inserted (E.W but unlimited in so far as it confers a power or imposes a duty on a court-martial or a Standing Civilian Court) (1.10.1997) by 1997 c. 43, s. 55, Sch. 4 para. 12(19) (with s. 57(4)(8); S.I. 1997/2200, art. 2

F162 Definition of "independent hospital" in s. 145(1) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 5(5)(a)

F163 Definition of "Local Health Board" in s. 145(1) inserted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(13)(i)

F164 Definition "local social services authority" in s. 145(1) substituted (1.4.2015) by Care Act 2014 (c. 23), ss. 75(13), 127(1); S.I. 2015/993, art. 7(1)(a) (with art. 7(5)) (with transitional provisions in S.I. 2015/995)

F165 Words in definition of "the managers" in s. 145(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 70(d)(i) (with Sch. 3 Pt. 1)

F166 Words in definition of "the managers" in s. 145(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 2, Sch. 1 para. 70(d)(ii) (with Sch. 3 Pt. 1)

F167 Words in definition of "the managers" in s. 145(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 31(1)(a)(i); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F168 Words in definition of "the managers" in s. 145(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 31(1)(a)(ii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F169 Words in definition of "the managers" in s. 145(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 31(1)(a)(iii); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F170 Words in definition of “the managers” in s. 145(1) substituted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 para. 107(14)(b)

F171 Words in definition of "the managers" in s. 145(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 3, Sch. para. 13(13)(ii)

F172 Definition of "the managers" para. (b) in s. 145(1) repealed (1.4.2000) by 1999 c. 8, ss. 41(2), 65(2), Sch. 5; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F173 Definition of “the managers” para. (bb) in s. 145(1) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(9)

F174 Words in definition of "the managers" in s. 145(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 31(1)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F175 Words in definition of "the managers" in s. 145(1) repealed (E.W.) (14.4.1994) by 1994 c. 6, ss. 1, 2(2)(3)

F176 S. 145(1)(bc) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), ss. 34, 199, Sch. 4 para. 57; S.I. 2004/759, art.2

F177 Words in definition of "the managers" in s.145(1) inserted (1.10.2007) by Mental Health Act 2007 (c. 12), ss. 46(3)(b), 56 (with Sch. 10); S.I. 2007/2798, art. 2(g)

F178 Definition of "the managers" para. (c) in s. 145(1) substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 5(5)(b)

F179 Words in definition of "medical treatment" in s. 145(1) substituted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 7(2), 56; S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F180 Definition of "mental disorder" in s. 145(1) substituted (3.11.2008) for the definitions of "mental disorder", "severe mental impairment", "mental impairment" and "psychopathic disorder" by Mental Health Act 2007 (c. 12), ss. 1, 56, Sch. 1 para. 17 (with Sch. 10); S.I. 2008/1900, art. 2(a) (with art. 3, Sch.)

F181 Words in definition of "mental disorder" in s. 145(1) substituted (28.4.2013) by Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 1(1)

F182 Definition of "mental nursing home" in s 145(1) repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(3) (subject to art. 4); S.I. 2002/920, reg. 3(3)(g) (subject to transitional provisions in Schs. 1-3 and art. 3(5)-(10))

F183 Words in definition of "patient" in s. 145(1) repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3) (with ss. 27, 28, 29, 62), Sch. 6 para. 29(7),{ Sch 7}; S.I. 2007/1897, art. 2(d)

F184 Definition "Primary Care Trust" in s. 145(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 31(1)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F185 Definition of "registered establishment" in s. 145(1) inserted (1.4.2002) by 2000 c. 14, s. 116, Sch. 4 para. 9(10)(d); S.I. 2001/4150, art. 3(3) (subject to art. 4); S.I. 2002/920, reg. 3(3)(d) (subject to transitional provisions in Schs. 1-3 and art. 3(4)-(10))

F186 Definition of "the responsible after-care bodies" in s. 145(1) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5; S.I. 2008/1210, art. 2(d) (with art. 4)

F187 Definition of "the regulatory authority" in s. 145(1) inserted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 52, 170, Sch. 3 para. 13; S.I. 2009/462, arts. 1(1)(b), 2, Sch. 1 para. 33

F188 Definition of "the responsible hospital" in s. 145(1) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 34(3) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F189 Definition of “Special Health Authority” in s. 145(1) inserted (28.6.1995 for certain purposes, otherwise 1.4.1996) by 1995 c. 17, ss. 2(1)(3), 8, Sch. 1 para. 107(14)(c)

F190 Words in definition of "Special Health Authority" in s. 145(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 70(f) (with Sch. 3 Pt. 1)

F191 Definition of "special hospital" in s. 145(1) repealed (1.4.2000) by 1999 c. 8, s. 65, Sch. 4, para. 69(2)(b), Sch. 5; S.I. 1999/2793, art. 2(3)(a), Sch. 3

F192 Definition "Strategic Health Authority" in s. 145(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 31(1)(d); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F193 Definition of "supervision application" in s. 145(1) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5; S.I. 2008/1210, art. 2(d) (with art. 4)

F194 Definition of "standard scale" in s. 145(1) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Group. 2.

F195 S. 145(1AA) inserted (1.4.2000) by 1999 c. 8, S. 65(1), Sch. 4, para. 69(3); S.I. 1999/2793, art. 2(3)(a), Sch. 3

F196 S. 145(1AB) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 4(10), 56; S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

F197 S. 145(1AC) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 21, 56, Sch. 2 para. 11(3) (with Sch. 10); S.I. 2008/1900, art. 2(d) (with art. 3, Sch.); S.I. 2008/2561, art. 2(b) (with art. 3, Sch.)

F198 S. 145(1A) repealed (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 55, 56, Sch. 11 Pt. 5; S.I. 2008/1210, art. 2(d) (with art. 4)

F199 S. 145(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Gp. 2.

F200 Words in s. 145(3) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 32, 56, Sch. 3 para. 34(4) (with Sch. 10); S.I. 2008/1900, art. 2(i) (with art. 3, Sch.)

F201 S. 145(4) inserted (3.11.2008) by Mental Health Act 2007 (c. 12), ss. 7(3), 56 (with Sch. 10); S.I. 2008/1900, art. 2(b) (with art. 3, Sch.)

146 Application to Scotland. E+W+S

Sections 42(6), 80, F202 ... F203 ... 116, F204 ... F205 ... 137, 139(1), F206 ... 142, 143 (so far as applicable to any Order in Council extending to Scotland) and 144 above shall extend to Scotland together with any amendment or repeal by this Act of or any provision of Schedule 5 to this Act relating to any enactment which so extends; but, except as aforesaid and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Scotland.

Textual Amendments

F202 Words in s. 146 omitted (E.W.) and repealed (28.10.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 39, 55, 56, Sch. 5 para. 20, Sch. 11 Pt. 7 (with Sch. 10): S.I. 2008/2788, art. 2 and the same words repealed (S.) (3.11.2008) by Adult Support and Protection Act 2007 (asp. 10), ss. 77(2), 79, Sch. 2; S.S.I. 2008/49, art. 2 (as amended by S.S.I. 2008/116, art. 2 and S.S.I. 2008/314, art. 3)

F203 Words in s. 146 repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 29(8), Sch. 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2

F204 Word in s. 146 omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), ss. 41(4), 306(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

F205 Words in s. 146 omitted (E.W.) and repealed (3.11.2008) by virtue of Mental Health Act 2007 (c. 12), ss. 32, 55, 56, Sch. 3 para. 35, Sch. 11 Pt. 5 (with Sch. 10); S.I. 2008/1210, art. 2(d) (with art. 4) and the same words repealed (S.) (3.11.2008) by Adult Support and Protection Act 2007 (asp. 10), ss. 77(2), 79, Sch. 2; S.S.I. 2008/49, art. 2 (as amended by S.S.I. 2008/116, art. 2 and S.S.I. 2008/314, art. 3)

F206 Word in s. 146 omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 1(2)

147 Application to Northern Ireland. E+W

Sections 81, 82, 86, 87, 88 (and so far as applied by that section sections 18, 22 and 138), F207 ... section 128 (except so far as it relates to patients subject to guardianship), 137, 139, F208 ... 142, 143 (so far as applicable to any Order in Council extending to Northern Ireland) and 144 above shall extend to Northern Ireland together with any amendment or repeal by this Act of or any provision of Schedule 5 to this Act relating to any enactment which so extends; but except as aforesaid and except so far as it relates to the interpretation or commencement of the said provisions, this Act shall not extend to Northern Ireland.

Textual Amendments

F207 Words in s. 147 repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), ss. 67(1)(2), 68(1)-(3), Sch. 6 para. 29(9), Sch 7 (with ss. 27, 28, 29, 62); S.I. 2007/1897, art. 2(1)(d)

F208 Word in s. 147 omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 1(3)

148 Consequential and transitional provisions and repeals. E+W

(1) Schedule 4 (consequential amendments) and Schedule 5 (transitional and saving provisions) to this Act shall have effect but without prejudice to the operation of sections 15 to 17 of the M2 Interpretation Act 1978 (which relate to the effect of repeals).

(2) Where any amendment in Schedule 4 to this Act affects an enactment amended by the M3 Mental Health (Amendment) Act 1982 the amendment in Schedule 4 shall come into force immediately after the provision of the Act of 1982 amending that enactment.

(3) The enactments specified in Schedule 6 to this Act are hereby repealed to the extent mentioned in the third column of that Schedule.

Marginal Citations

M2 1978 c. 30.

M3 1982 c. 51.

149 Short title, commencement and application to Scilly Isles. U.K.

(1) This Act may be cited as the Mental Health Act 1983.

(2) Subject to subsection (3) below and Schedule 5 to this Act, this Act shall come into force on 30th September 1983.

(3) F209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Section 130(4) of the M4 National Health Service Act 1977 (which provides for the extension of that Act to the Isles of Scilly) shall have effect as if the references to that Act included references to this Act.

Textual Amendments

F209 S. 149(3) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 17 Group 8}

Marginal Citations

M4 1977 c. 49.