Mental Health Units (Use of Force) Act 2018

1 Key definitions E+W

(1) This section applies for the purposes of this Act.

(2) “Mental disorder” has the same meaning as in the Mental Health Act 1983.

(3) “Mental health unit” means—

(a) a health service hospital, or part of a health service hospital, in England, the purpose of which is to provide treatment to in-patients for mental disorder, or

(b) an independent hospital, or part of an independent hospital, in England—

(i) the purpose of which is to provide treatment to in-patients for mental disorder, and

(ii) where at least some of that treatment is provided, or is intended to be provided, for the purposes of the NHS.

(4) In subsection (3)(b)(ii) the reference to treatment provided for the purposes of the NHS is to be read as a service provided for those purposes in accordance with the National Health Service Act 2006.

(5) “Patient” means a person who is in a mental health unit for the purpose of treatment for mental disorder or assessment.

(6) References to “use of force” are to—

(a) the use of physical, mechanical or chemical restraint on a patient, or

(b) the isolation of a patient.

(7) In subsection (6)—

• “physical restraint” means the use of physical contact which is intended to prevent, restrict or subdue movement of any part of the patient's body;

• “mechanical restraint” means the use of a device which—

  (a)

  is intended to prevent, restrict or subdue movement of any part of the patient's body, and

  (b)

  is for the primary purpose of behavioural control;

• “chemical restraint” means the use of medication which is intended to prevent, restrict or subdue movement of any part of the patient's body;

• “isolation” means any seclusion or segregation that is imposed on a patient.

Commencement Information

I1 S. 1 in force at 31.3.2022 by S.I. 2021/1372, reg. 2(a)