SCHEDULES

SCHEDULE 4 Consequential Amendments

Section 148.

1

In the M26Fines and Recoveries Act 1833—

a

in section 33 for the words “the M27Mental Health Act 1959” and “Part VIII” there shall be substituted respectively the words “ the Mental Health Act 1983 ”and “ Part VII ”;

b

in sections 48 and 49 for the references to the judge having jurisdiction under Part VIII of the Mental Health Act 1959 there shall be substituted references to the judge having jurisdiction under Part VII of this Act.

2

In section 68 of the M28Improvement of Land Act 1864 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

3

In section 10(3) of the M1Colonial Prisoners Removal Act 1884 for the words “section seventy-one of the Mental Health Act 1959”, “section seventy-two” and “section seventy-four” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ”, “ section 47 ”and “ section 49 ”.

4

In the M29Trustee Act 1925—

a

in section 36(9) for the words “the Mental Health Act 1959” and “Part VIII of the Mental Health Act 1959” there shall be substituted respectively the words “ the Mental Health Act 1983 ”and “ Part VII of the Mental Health Act 1983 ”;

b

in section 41(1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

c

in section 54—

i

in subsection (1) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”; and

ii

in subsection (3) for the words “section one hundred and one of the Mental Health Act 1959” and “exercisable and have been exercised under section one hundred and four” there shall be substituted respectively the words “ section 94 of the Mental Health Act 1983 ”and “ exercisable under section 98 of that Act and have been exercised under that section or section 104 of the Mental Health Act 1959 ”;

d

in section 55 except so far as it applies to existing orders made before the commencement of this Act, for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

5

In the M30Law of Property Act 1925—

a

in section 22(1) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ; ”

b

in section 205(1)(xiii) for the words “section four of the Mental Health Act 1959” and “Part VIII” there shall be substituted respectively the words “ section 1 of the Mental Health Act 1983 ”and “ Part VIII of the Mental Health Act 1959 or Part VII of the said Act of 1983 . ”

6

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In paragraph (ii) of the proviso to section 41(1) of the M31Administration of Estates Act 1925 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

8

In sections 4(1) and 11(3)(b) of the M2Polish Resettlement Act 1947 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

9

In section 1(4) of the M32U.S.A. Veterans’ Pensions (Administration) Act 1949 after the words “curator bonis” there shall be inserted the words “ or for whom a receiver has been appointed under section 105 of the Mental Health Act 1959 or section 99 of the Mental Health Act 1983 ”.

10

In section 116(7) of the M3Army Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ”and “ within the meaning of the Mental Health Act 1983 ”.

11

In section 116(7) of the M4Air Force Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ” and “ within the meaning of the Mental Health Act 1983 ”.

F212

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

13

In section 71(6) of the M5Naval Discipline Act 1957 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ” and “ within the meaning of the Mental Health Act 1983 ”.

14

In section 1 of the M33Variation of Trusts Act 1958—

a

in subsection (3) for the words “Part VIII of the Mental Health Act 1959” and “the said Part VIII” there shall be substituted respectively the words “ Part VII of the Mental Health Act 1983 ” and “ the said Part VII ”; and

b

in subsection (6) for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

15

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

17

In section 5 of the M6Administration of Justice Act 1960—

a

in subsection (4) for the words “Part V of the Mental Health Act 1959” and the words “the said Part V” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38) ” and “ the said Part III ”; and

b

in subsection (4A) for the words “section 31 of the Mental Health (Amendment) Act 1982”, “Part V of the said Act of 1959” and “the said section 31” there shall be substituted respectively “ section 38 of the Mental Health Act 1983 ”, “ Part III of the said Act of 1983 ” and “ the said section 38 ”.

18

In the M7Criminal Procedure (Insanity) Act 1964—

a

in section 8(2) for the words “the Mental Health Act 1959”, “Part V” and “sections 139 to 141” there shall be substituted respectively the words “ the Mental Health Act 1983 ”, “ Part III ” and “ sections 137 to 139 ”;

F5b

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

19

In section 18 of the M34Administration of Justice Act 1965 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

20

In paragraph 1(2)(b) of Schedule 1 to the M35Compulsory Purchase Act 1965 at the end there shall be inserted the words “ or section 98 of the Mental Health Act 1983 ”.

21

In the M8Criminal Justice Act 1967—

a

in section 72(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959 or section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 18, 38(7) or 138 of the Mental Health Act 1983 ”;

b

in section 72(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively the words “ Section 137 of the Mental Health Act 1983 ” and “ the said Act of 1983 ”;

c

in section 72(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”, “ section 38 of the said Act of 1983 ” and “ Part III of the said Act of 1983 ”.

22

In section 26(2) of the M36Leasehold Reform Act 1967 for the words “the Mental Health Act 1959”, “appointed under Part VIII of that Act” and “having jurisdiction under Part VIII of that Act” there shall be substituted respectively the words “ Mental Health Act 1983 ”, “ appointed under Part VII of the said Act of 1983 or Part VIII of the Mental Health Act 1959 ” and “ having jurisdiction under Part VII of the said Act of 1983 ”.

23

In the M9Criminal Appeal Act 1968—

F6a

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

b

in section 8(3) after the words “Part V of the Mental Health Act 1959” there shall be inserted the words “ or under Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38 of that Act) ”;

c

in section 8(3A)—

i

for the words “section 30 of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 36 of the Mental Health Act 1983 ”;

ii

for the words “section 31 of that Act” there shall be substituted the words “ section 38 of that Act ”; and

iii

for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of that Act ”;

d

in section 11—

i

in subsection (5) for the words “the Mental Health (Amendment) Act 1982” there shall be substituted the words “ the Mental Health Act 1983 ”; and

ii

in subsection (6)(b) for the words “section 31(8) of the said Act of 1982” there shall be substituted the words “ section 38(7) of the said Act of 1983 ”.

F6e

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

F6f

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

g

in section 37(4) for the words “Part V of the Mental Health Act 1959” and “the Mental Health Act 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act) ” and “ the Mental Health Act 1983 ”;

h

in section 37(4A) for the words “section 30 of the Mental Health (Amendment) Act 1982”, “section 31” and “Part V of the said Act of 1959” wherever they occur there shall be substituted respectively the words “ section 36 of the Mental Health Act 1983 ”, “ section 38 ” and “ Part III of the said Act of 1983 ”;

i

in section 50(1), for the words from “Part V” to “1982” there shall be substituted the words “ Part III of the Mental Health Act 1983, with or without a restriction order, and an interim hospital order under that Part ”;

j

in section 51(2) for the words “section 147(1) of the Mental Health Act 1959” there shall be substituted the words “ section 145(1) of the Mental Health Act 1983 ”;

F6k

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

F6l

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

F6m

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

n

in Schedule 3—

i

in the heading to the Schedule for the words “PART V OF MENTAL HEALTH ACT 1959” there shall be substituted the words “ PART III OF MENTAL HEALTH ACT 1983 ”; and

ii

for paragraph 2 there shall be substituted—

2 Order for continued detention under Act of 1983

Where an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1983, Part III of that Act (patients concerned in criminal proceedings or under sentence) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction.

24

In the M10Courts-Martial (Appeals) Act 1968—

a

in sections 20(4) and 43(4) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”;

b

in section 23, in subsection (1) for the words “section 71 of the Mental Health Act 1959” there shall be substituted the words “ section 46 of the Mental Health Act 1983 ” and in subsection (2) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

c

in section 25(4) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

25

In section 21(4) of the M37Family Law Reform Act 1969 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

26

In the M11Children and Young Persons Act 1969— F7

a

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

F7b

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

F7c

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

d

in section 12(4) for the words “section 28 of the Mental Health Act 1959”, “Part V” and “the said Act of 1959” there shall be substituted respectively the words “ section 12 of the Mental Health Act 1983 ”, “ Part III ” and “ the said Act of 1983 ”;

e

in paragraph 7(7) of Schedule 4 for the words from the beginning to “1959” there shall be substituted the words “ A restriction direction which was given under section 49 of the Mental Health Act 1983 ”.

27

In Schedule 1 to the M12Local Authorities Social Services Act 1970—

a

in the entry relating to the Mental Health Act 1959, in the first column for the words “Parts II to VI and IX” there shall be substituted the words “ sections 8 and 9 ” and for the entry in the second column there shall be substituted the words “ Welfare and accommodation of mentally disordered persons. ”;

b

there shall be inserted at the end—

Mental Health Act 1983 (c. 20)

Parts II, III and VI

Welfare of the mentally disordered; guardianship of persons suffering from mental disorder including such persons removed to England and Wales from Scotland or Northern Ireland; exercise of functions of nearest relative of person so suffering.

Sections 66, 67, 69(1)

Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals.

Section 114

Appointment of approved social workers.

Section 115

Entry and inspection.

Section 116

Welfare of certain hospital patients.

Section 117

After-care of detained patients.

Section 130

Prosecutions.

c

the entry relating to the M13Mental Health (Amendment) Act 1982 shall cease to have effect.

28

In section 57(1) of the M14Courts Act 1971 for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

F829

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

30

In section 30(2) of the M38Immigration Act 1971 for the words from the beginning to “1960)” there shall be substituted the words “ Under section 82 of the Mental Health (Scotland) Act 1960 ” and the words from “and accordingly” onwards shall be omitted.

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

32

In section 118 of the M39Local Government Act 1972—

a

in subsection (1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”; and

b

in subsection (4) for the words “Part VIII of the said Act of 1959” there shall be substituted the words “ Part VII of the said Act of 1983 ”.

33

In the M40Costs in Criminal Cases Act 1973—

a

in section 3(7) for the words from “under Part V” to “1982” there shall be substituted the words “ and an interim hospital order under Part III of the Mental Health Act 1983 ”; and

b

in section 18(1)(c) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

34

In section 12(d) of the M15Matrimonial Causes Act 1973 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

F1035

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

36

In section 3 of the M41Powers of Criminal Courts Act 1973—

a

in subsection (1) for the words “section 28 of the Mental Health Act 1959” and “Part V of that Act” there shall be substituted respectively the words “ section 12 of the Mental Health Act 1983 ” and “ Part III of that Act ”;

b

in subsection (2) for the words “hospital or mental nursing home within the meaning of the Mental Health Act 1959” and “that Act” there shall be substituted respectively the words “ hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the Nursing Homes Act 1975 ” and “ the National Health Service Act 1977 ”; and

c

in subsection (7) for the words “Subsections (2) and (3) of section 62 of the Mental Health Act 1959” and “section 60(1)(a)” there shall be substituted respectively the words “ Subsections (2) and (3) of section 54 of the Mental Health Act 1983 ” and “ section 37(2)(a) ”.

37

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

In the M42Solicitors Act 1974—

a

in section 12(1)(j) for the words “section 101 of the Mental Health Act 1959” and “section 104 of that Act” there shall be substituted respectively the words “ section 94 of the Mental Health Act 1983 ” and “ section 104 of the Mental Health Act 1959 or section 98 of the said Act of 1983 ”;

b

in section 62(4)(c) for the words “under Part VIII of the Mental Health Act 1959” there shall be substituted the words “ appointed under Part VII of the Mental Health Act 1983 ”;

c

in paragraph 1(1)(f) of Schedule 1 for the words “section 104 (emergency powers) or 105 (appointment of receiver) of the Mental Health Act 1959” there shall be substituted the words “ section 104 of the Mental Health Act 1959 or section 98 of the Mental Health Act 1983 (emergency powers) or section 105 of the said Act of 1959 or section 99 of the said Act of 1983 (appointment of receiver) ”.

39

In section 5(7) of the M16Rehabilitation of Offenders Act 1974 for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”.

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

41

In the M17Criminal Procedure (Scotland) Act 1975—

a

in sections 13(1)(b) and 322(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959, section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 18, 38(7) or 138 of the Mental Health Act 1983 ”;

b

in sections 13(3) and 322(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively “ Section 137 of the Mental Health Act 1983 ” and “ the said Act of 1983 ”;

c

in sections 13(4) and 322(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”, “ section 38 of the said Act of 1983 ” and “ Part III of the said Act of 1983 ”.

42

In Part II of Schedule 1 to the M18House of Commons Disqualification Act 1975 in the entry relating to Mental Health Review Tribunals for the words “constituted under the Mental Health Act 1959” there shall be substituted the words “ constituted or having effect as if constituted under the Mental Health Act 1983 ”.

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

F1444

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

45

In section 32(6)(c) of the M43Adoption Act 1976 for the words “the Mental Health Act 1959 or the Mental Health (Amendment) Act 1982” there shall be substituted the words “the Mental Health Act 1983”.

46

In section 3(6B) of the M19Bail Act 1976 for the words “section 28 of the Mental Health Act 1959” there shall be substituted the words “ section 12 of the Mental Health Act 1983 ”.

47

In the M44National Health Service Act 1977—

a

in section 4 for the words “the Mental Health Act 1959 or the Mental Health (Amendment) Act 1982” there shall be substituted the words “ the Mental Health Act 1983 ”;

b

in section 105(1) for the words “Part IV of the Mental Health Act 1959” there shall be substituted the words “ Part II of the Mental Health Act 1983 ”;

c

in section 105(3) the words “or the Mental Health Act 1959” shall be omitted;

d

in section 128(1), in the definition of “illness”, for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”;

e

in paragraph 2 of Schedule 8—

i

for sub-paragraph (1)(d) there shall be substituted—

“(d) for the exercise of the functions of the authority in respect of persons suffering from mental disorder who are received into guardianship under Part II or III of the Mental Health Act 1983 (whether the guardianship of the local social services authority or of other persons).”;

  1. ii

    in sub-paragraph (2)(b)(i) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”; and

  2. iii

    in sub-paragraph (3) for the words “that Act of 1959” there shall be substituted the words “ that Act of 1983 ”;

F19f

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

48

In section 16A(1)(b)(ii) of the M20National Health Service (Scotland) Act 1978 for the words “section 10 of the Mental Health Act 1959” there shall be substituted the words “ section 116 of the Mental Health Act 1983 ”.

F1549

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

F1650

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

F1751

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

52

In the M45Residential Homes Act 1980—

a

in section 1(3)(a) for the words “section 147(1) of the Mental Health Act 1959” there shall be substituted the words “ section 145(1) of the Mental Health Act 1983 ”; and

b

in section 10(1) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

53

In paragraph 2(a) of Schedule 2 to the M46Reserve Forces Act 1980 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

54

In section 31(2)(c) of the M47Transport Act 1980 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

55

In section 38 of the M48Limitation Act 1980—

a

in subsection (3) for the words “Mental Health Act 1959” there shall be substituted the words “ Mental Health Act 1983 ”; and

b

in subsection (4)—

i

in paragraph (a), for the words “the Mental Health Act 1959 or section 30 or 31 of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ the Mental Health Act 1983 (otherwise than by virtue of section 35 or 89) ”; and

ii

for paragraph (b) there shall be substituted—

“(b) while he is receiving treatment as an in-patient in any hospital within the meaning of the Mental Health Act 1983 or mental nursing home within the meaning of the M49Nursing Homes Act 1975 without being liable to be detained under the said Act of 1983 (otherwise than by virtue of section 35 or 89), being treatment which follows without any interval a period during which he was liable to be detained or subject to guardianship under the Mental Health Act 1959, or the said Act of 1983 (otherwise than by virtue of section 35 or 89) or by virtue of any enactment repealed or excluded by the Mental Health Act 1959”.

56

In section 57(2)(c) of the M50Public Passenger Vehicles Act 1981 for the words “Part VIII of the Mental Health Act 1959” there shall be substituted the words “ Part VII of the Mental Health Act 1983 ”.

57

In the M21Contempt of Court Act 1981—

a

in section 14(4) for the words “section 60 of the Mental Health Act 1959” and “section 31 of the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “ section 37 of the Mental Health Act 1983 ” and “ section 38 of that Act ”; and

b

in section 14(4A) for the words “section 29 of the said Act of 1982” there shall be substituted the words “ section 35 of the said Act of 1983 ”.

c

in paragraph 10(b) of Schedule 1 for the words “paragraph (b) of subsection (2) of section 76 of the Mental Health Act 1959” there shall be substituted the words “ section 51(5) of the Mental Health Act 1983 ”.

58

In the M22Supreme Court Act 1981—

a

in section 48(6)(a) for the words “Part V of the Mental Health Act 1959” and “the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”; and “ that Act ”;

b

in section 48(7) for the words “the said Act of 1982” there shall be substituted the words “ the said Act of 1983 ”; and

c

in section 48(8)(b) for the words “section 31(8) of the said Act of 1982” there shall be substituted the words “ section 38(7) of the said Act of 1983 ”.

59

In section 13(9) of the M23Armed Forces Act 1981 or the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”.

60

In paragraph 9 of Schedule 1 to the M24British Nationality Act 1981—

a

in sub-paragraph (1)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983” ”; and

b

in sub-paragraph (2)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983” . ”

61

In the M25Mental Health (Amendment) Act 1982—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

b

in section 70(3) for the words “Section 154(2) of the principal Act” there shall be substituted the words “ Section 149(4) of the Mental Health Act 1983” ”.