Mental Health Act 1983

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 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;

• “approved social worker” means an officer of a local social services authority appointed to act as an approved social worker for the purposes of this Act;

• [F1 “Health Authority” means a Health Authority established under section 8 of the M1 National Health Service Act 1977;]

• “hospital” means—

(a) any health service hospital within the meaning of the M2 National Health Service Act 1977; 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;

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

• [F2 “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;

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

• [F2 “limitation direction” has the meaning given in section 45A(3)(b) above;]

• “local social services authority” means a council which is a local authority for the purpose of the M3 Local Authority Social Services Act 1970;

• “the managers” means—

(a) in relation to a hospital vested in the Secretary of State for the purposes of his functions under the M4 National Health Service Act 1977, 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 that Act, the [F3 Health Authority or Special Health Authority] responsible for the administration of the hospital;

(b) in relation to a special hospital, the Secretary of State;

[F4 (bb) in relation to a hospital vested in [F5 a Primary Care Trust or] a National Health Service trust,F6 . . . the trust]

(c) in relation to a mental nursing home registered in pursuance of [F7 the Registered Homes Act 1984], the person or persons registered in respect of the home;

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

• “medical treatment” includes nursing, and also includes care, habilitation and rehabilitation under medical supervision;

• “mental disorder”, “severe mental impairment”, “mental impairment” and “psychopathic disorder” have the meanings given in section 1 above;

• “mental nursing home” has the same meaning as in the [F7 the Registered Homes Act 1984];

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

• “patient” (except in Part VII of this Act) means a person suffering or appearing to be suffering from mental disorder;

[F8 “Primary Care Trust” means a Primary Care Trust established under section 16A of the National Health Service Act 1977;]

• [F9 “the responsible after-care bodies” has the meaning given in section 25D 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;

• [F10 “Special Health Authority” means a Special Health Authority established under section 11 of the National Health Service Act 1977;]

• “special hospital” has the same meaning as in the M5 National Health Service Act 1977;

• [F11 “supervision application” has the meaning given in section 25A above;]

• F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F13 (1A) References in this Act to a patient being subject to after-care under supervision (or to after-care under supervision) shall be construed in accordance with section 25A above.]

F14 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to a person who is liable to be detained or subject to guardianship 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.

Textual Amendments

F1 Definition of “Health Authority”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)(a)

F2 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

F3 Words in definition of “the managers”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)

F4 In the definition of “the managers” paragraph (bb) inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 24(9)

F5 S. 145(1): in definition of "the managers" para. (bb) inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(9)(a) (with art. 2(5))

F6 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)

F7 Words substituted by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 1 para. 11

F8 S. 145(1): definition of "Primary Care Trust" inserted (8.2.2000) by S.I. 2000/90, art. 3(1), Sch. 1 para. 16(9)(b) (with art. 2(5))

F9 Definition of “the responsible after-care bodies”inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1 para. 20(2)(a)

F10 Definition of “Special Health Authority”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)

F11 Definition of “supervision application”inserted (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 20(2)(b)

F12 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.

F13 S. 145(1A) added (1.4.1996) by 1995 c. 52, ss. 1(2), 7(2), Sch. 1, para. 20(3)

F14 S. 145(2) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIV Gp. 2.

Marginal Citations

M1 1977 c.49.

M2 1977 c. 49.

M3 1970 c. 42.

M4 1977 c. 49.

M5 1977 c. 49.