Royal arms

Mental Health Act 1959

1959 CHAPTER 72 7 and 8 Eliz 2

An Act to repeal the Lunacy and Mental Treatment Acts 1890 to 1930, and the Mental Deficiency Acts 1913 to 1938, and to make fresh provision with respect to the treatment and care of mentally disordered persons and with respect to their property and affairs; and for purposes connected with the matters aforesaid.

[29th July 1959]

Part I Preliminary

1—5.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Part II Local Authority Services

General Provisions

6, 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

8 Functions of welfare authorities.

F3(1)

For the purposes of subsection (8) of section twenty-one of the M1National Assistance Act 1948 (which restricts the duties of local authorities in respect of the provision of accommodation under that section by reference to the provision authorised or required to be made under other enactments) no account shall be taken of the provision authorised or required to be made by F4local social services authorities under F5paragraph 2 of Schedule 8 to the M2National Health Service Act 1977, with respect to residential accommodation for persons who are or have been suffering from mental disorder.

(2)

F6The persons referred to in subsection (1) of section twenty-nine of the said Act of 1948 (which section enables local authorities to make arrangements for promoting the welfare of blind persons and other disabled persons described in the said subsection (1)) shall include mentally disordered persons of any description; and for the purposes of subsection (6) of that section (which, among other things, excludes from that section the provision of accommodation or services required to be provided under the M3National Health Service Act 1946), no account shall be taken of the provisions of F7Schedule 8 to the M4National Health Service Act 1977, with respect to the provision of F6accommodation orservices for such persons.

F8(3)

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

(4)

Nothing in this section shall be construed as requiring a local authority to make provision for the same purposes both under . . . F9 Part III of the M5National Assistance Act 1948 F10and under Schedule 8 to the M6National Health Service Act 1977.

F119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

11—13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Part III Mental Nursing Homes, Residential Homes, etc.

14—18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

19—21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

23 (1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

(2)

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

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Part IV Compulsory Admission to Hospital and Guardianship

25—35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

37—43.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

45—59.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F24

Part V Admission of Patients Concerned in Criminal Proceedings, etc., and Transfer of Patients under Sentence

60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

62—68.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

69. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

70—76.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

77, 78.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Part VI Removal and Return of Patients within United Kingdom, etc.

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

82—84.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35

87. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36

89, 90.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

92—96.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

Part VII Special Hospitals

97, 98.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

99. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

Part VIII Management of Property and Affairs of Patients

100—119.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

120. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

Part IX Miscellaneous and General

122—124.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45

Offences

125, 126.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46

F47127 Amendment of Sexual Offences Act, 1956.

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

F48128Sexual intercourse with patients.

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

129, 130.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49

131Prosecutions by local authorities.

(1)

A F50local social services authority may institute proceedings for any offence under this Part of this Act, but without prejudice to any provision of this Part of this Act requiring the consent of the Director of Public Prosecutions for the institution of such proceedings.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51

Miscellaneous provisions

132, 133.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

134. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

135—138.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

139—141. Supplemental

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

142 Default powers of Minister.

(1)

Where the Minister is of opinion, on complaint or otherwise, that a F56local social services authority have failed to carry out functions conferred or imposed on the authority by or under this Act or have in carrying out those functions failed to comply with any regulations relating thereto, he may after such inquiry as he thinks fit make an order declaring the authority to be in default.

(2)

Subsections (3) to (5) of F57section 85 of the M7National Health Service Act 1977 (which relates to orders declaring, among others, a local authority to be in default under that Act) shall apply in relation to an order under this section as they apply in relation to an order under that section.

F58143 Inquiries.

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

144 Expenses.

(1)

There shall be defrayed out of moneys provided by Parliament—

(a)

any expenses incurred by the Minister or a Secretary of State under this Act;

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59

(c)

any increase attributable to this Act in the sums payable out of moneys provided by Parliament under any other enactment.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

145 General provisions as to regulations, orders and rules.

(1)

Any power of the Minister or the Lord Chancellor to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

146. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62

147, 148.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

149 Minor and consequential amendments and repeals.

(1)

The enactments described in the first column of the Seventh Schedule to this Act shall have effect subject to the amendments specified in the second column of that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64

(3)—(5).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

150 Application to Scotland.

The following provisions of this Act shall extend to Scotland, that is to say—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
section one hundred and forty-five so far as applicable to any Order in Council extending to Scotland;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
Part II of the Seventh Schedule;
Part II of the Eighth Schedule;

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.

151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

152 Application to Northern Ireland.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69, this Act shall not extend to Northern Ireland.

153. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

154 Short title and application to Scilly Isles.

(1)

This Act may be cited as the Mental Health Act 1959.

(2)

F71Section 130(4) of the M8National 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.

SCHEDULES

FIRST SCHEDULE . . . F72

SECOND SCHEDULE . . . F73

THIRD SCHEDULE . . . F74

FOURTH SCHEDULE . . . F75

FIFTH SCHEDULE . . . F76

SIXTH SCHEDULE Transitional Provisions

Section 148.

Part I

1, 2.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

Part II

3—6.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

Part III Provisions relating to Parts IV and V

7—14.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

Transferred patients

15 (1)—(3).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

(4)

Section eighty-four of this Act shall apply to a transferred patient who having been a state mental patient in Scotland was immediately before the commencement of this Act liable to be detained in a hospital in England and Wales by virtue of subsection (3) of section sixty-three of the M9Criminal Justice Act 1948, or subsection (2) of section sixty-four of the M10Criminal Justice (Scotland) Act 1949, as if he had been removed to such a hospital from Scotland in pursuance of an order under the said subsection (2); and where he is treated by virtue of the said section eighty-four as if he had been removed to a hospital in pursuance of a transfer direction, he shall also be treated as if a direction restricting his discharge had been given as aforesaid.

(5),(6).

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

16—23.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Part IV

24—28.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

Seventh Schedule MINOR AND CONSEQUENTIAL AMENDMENTS

Sections 149, 150, 152.

Part I

AMENDMENTS EXTENDING TO ENGLAND AND WALES ONLY

Enactment	Amendment
The Fines and Recoveries Act , 1833, 3 & 4 Will,4. c. 74.	In section thirty-three, for the words from “lunatic” where it first occurs to “unsound mind as aforesaid” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of managing and administering his property and affairs, the judge having jurisdiction under Part VIII of that Act shall be the protector of the settlement in his stead so long as he is incapable as aforesaid”.
	. . . F83
	. . . F84
. . . F85	. . . F85
The Improvement of Land Act, 1864, 27 & 28 Vict. c. 114.	In section sixty-eight, for the words “committee, or trustee” there shall be substituted the words “or receiver”and for the words “lunatic, idiot” there shall be substituted the words “or patient within the meaning of Part VIII of the Mental Health Act, 1959”.
. . . F86	. . . F86
The Colonial Prisoners Removal Act, 1884, 47 & 48 Vict. c. 31.	In section ten, after subsection (2), there shall be added the following subsection— “(3) Without prejudice to the foregoing provisions of this section, where a criminal lunatic is removed to England and Wales, then— (a) except where he is a criminal lunatic by virtue of having been convicted of an offence and afterwards certified or otherwise lawfully proved to be insane, the Secretary of State may give the like direction in respect of him under section seventy-one of the Mental Health Act, 1959, as may be given in the case of a person to whom that section applies; (b) in the said excepted case, the Secretary of State may give the like direction in respect of him under section seventy-two of that Act (with or without a direction under section seventy-four thereof) as may be given in the case of a person serving a sentence of imprisonment with respect to whom the Secretary of State is satisfied as mentioned in subsection (1) of that section”

Enactment	Amendment
. . . F87	. . . F87
The Settled Land Act, 1925, 15 & 16 Geo. 5. c. 18.	In section sixty-eight, in subsection (3), for the words “a lunatic, or a defective” there shall be substituted the words “suffering from mental disorder”.
The Trustee Act, 1925, 15 & 16 Geo. 5. c. 19.	In section thirty-six, the following subsection shall be substituted for subsection (9)— “(9) Where a trustee is incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions as trustee and is also entitled in possession to some beneficial interest in the trust property, no appointment of a new trustee in his place shall be made by virtue of paragraph (b) of subsection (1) of this section unless leave to make the appointment has been given by the authority having jurisdiction under Part VIII of the Mental Health Act, 1959”

Enactment	Amendment
	In section forty-one, in subsection (1), for the words “a lunatic or a defective” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions a s trustee”.
	The following section shall be substituted for section fifty-four— “54 Jurisdiction in regard to mental patients. (1) Subject to the provisions of this section, the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, shall not have power to make any order, or give any direction or authority, in relation to a patient who is a trustee if the High Court has power under this Act to make an order to the like effect. (2) Where a patient is a trustee and a receiver appointed by the said authority is acting for him or an application for the appointment of a receiver has been made but not determined, then, except as respects a trust which is subject to an order for administration made by the High Court, the said authority shall have concurrent jurisdiction with the High Court in relation to— (a) mortgaged property of which the patient has become a trustee merely by reason of the mortgage having been paid off; (b) matters consequent on the making of provision by the said authority for the exercise of a power of appointing trustees or retiring from a trust; (c) matters consequent on the making of provision by the said authority for the carrying out of any contract entered into by the patient; (d) property to some interest in which the patient is beneficially entitled but which, or some interest in which, is held by the patient under an express, implied or constructive trust. The Lord Chancellor may make rules with respect to the exercise of the jurisdiction referred to in this subsection. (3) In this section “patient” means a patient as defined by section one hundred and one of the Mental Health Act, 1959, or a person as to whom powers are exercisable and have been exercised under section one hundred and four of that Act.”

Enactment

Amendment

In section forty-one, in subsection (1), for the words “a lunatic or a defective” there shall be substituted the words “incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of exercising his functions a s trustee”.

The following section shall be substituted for section fifty-four—

“54 Jurisdiction in regard to mental patients.
(1)
Subject to the provisions of this section, the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, shall not have power to make any order, or give any direction or authority, in relation to a patient who is a trustee if the High Court has power under this Act to make an order to the like effect.
(2)
Where a patient is a trustee and a receiver appointed by the said authority is acting for him or an application for the appointment of a receiver has been made but not determined, then, except as respects a trust which is subject to an order for administration made by the High Court, the said authority shall have concurrent jurisdiction with the High Court in relation to—
(a)
mortgaged property of which the patient has become a trustee merely by reason of the mortgage having been paid off;
(b)
matters consequent on the making of provision by the said authority for the exercise of a power of appointing trustees or retiring from a trust;
(c)
matters consequent on the making of provision by the said authority for the carrying out of any contract entered into by the patient;
(d)
property to some interest in which the patient is beneficially entitled but which, or some interest in which, is held by the patient under an express, implied or constructive trust.
The Lord Chancellor may make rules with respect to the exercise of the jurisdiction referred to in this subsection.
(3)
In this section “patient” means a patient as defined by section one hundred and one of the Mental Health Act, 1959, or a person as to whom powers are exercisable and have been exercised under section one hundred and four of that Act.”

Enactment	Amendment
	In section fifty-five (except so far as it applies to vesting orders made before the commencement of this Act), for the words “the Lunacy Act,1890” there shall be substituted the words “Part VIII of the Mental Health Act, 1959”
The Law of Property Act, 1925, 15 & 16 Geo. 5. c. 20.	The following section shall be substituted for section twenty-two— “22 Conveyances on behalf of persons suffering from mental disorder and as to land held by them on trust for sale. (1) Where a legal estate in land (whether settled or not) is vested in a person suffering from mental disorder, either solely or jointly with any other person or persons, his receiver or (if no receiver is acting for him) any person authorised in that behalf shall, under an order of the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, or of the court, or under any Statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in his name and on his behalf. (2) If land held on trust for sale is vested, either solely or jointly with any other person or persons, in a person who is incapable, by reason of mental disorder, of excercising his functions as trustee, a new trustee shall be appointed in the place of that person, or he shall be otherwise discharged from the trust, before the legal estate is dealt with under the trust for sale or under the powers vested in the trustees for sale.”

Enactment

Amendment

In section fifty-five (except so far as it applies to vesting orders made before the commencement of this Act), for the words “the Lunacy Act,1890” there shall be substituted the words “Part VIII of the Mental Health Act, 1959”

The Law of Property Act, 1925, 15 & 16 Geo. 5. c. 20.

The following section shall be substituted for section twenty-two—

“22 Conveyances on behalf of persons suffering from mental disorder and as to land held by them on trust for sale.
(1)
Where a legal estate in land (whether settled or not) is vested in a person suffering from mental disorder, either solely or jointly with any other person or persons, his receiver or (if no receiver is acting for him) any person authorised in that behalf shall, under an order of the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, or of the court, or under any Statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in his name and on his behalf.
(2)
If land held on trust for sale is vested, either solely or jointly with any other person or persons, in a person who is incapable, by reason of mental disorder, of excercising his functions as trustee, a new trustee shall be appointed in the place of that person, or he shall be otherwise discharged from the trust, before the legal estate is dealt with under the trust for sale or under the powers vested in the trustees for sale.”

Enactment	Amendment
	... F88
	... F89
	In section two hundred and five, in subsection (1), the following paragraph shall be substituted for paragraph (xiii)— “(xiii) “mental disorder” has the meaning assigned to it by section four of the Mental Health Act, 1959, and “receiver”, in relation to a person suffering from mental disorder, means a receiver appointed for that person under Part VIII of that Act;”

Enactment	Amendment
F90. . .	F90. . .
The Administration of Estates Act, 1925, 15 & 16 Geo. 5. c.23.	In section forty-one, in subsection (1), in paragaph (ii) of the proviso, for the words “a lunatic or defective” there shall be substituted the words “is incapable, by reason of mental disorder within the meaning of the Mental Health Act, 1959, of managing and administering his property and affairs” and the word “committee” shall be omitted, and in paragraph (iv) of the proviso, for the words from “committee” to “appointed” there shall be substituted the words “receiver is acting for a person suffering from mental disorder”, and for the words “lunatic or defective” in the second place where they occur there shall be substituted the words “said person”.
. . . F91	. . . F91
F92. . .	F92. . .
	F92. . .
. . . F93	. . . F93
. . . F94	. . . F94
. . . F95	. . . F95
. . . F94	. . . F94
. . . F96	. . . F96
. . . F97	. . . F97
. . . F98	. . . F98
. . . F99	. . . F99
The National Assistance Act, 1948, 11 & 12 Geo. 6. c. 29.	In section forty-nine, for the words from “section one” to “that section” there shall be substituted the words “Part VIII of the Mental Health Act, 1959, as receiver for a patient or as a person otherwise having functions in relation to the property and affairs of a patient”, and for the words “the said powers” there shall be substituted the words “such functions”.
. . . F100	. . . F100
. . . F101	. . . F101
. . . F102	. . . F102
. . . F103	. . . F103
. . . F99	. . . F99
. . . F104	. . . F104
. . . F105	. . . F105
. . . F106	. . . F106
. . . F107	. . . F107
The Sexual Offences Act,1956, 4 & 5 Eliz. 2. c. 69.	In the Second Schedule, in paragraph 1, in the fourth column, for the words “an idiot or imbecile” there shall be substituted the words “a defective”; in paragraph 11 in the first column, for the words “idiot or imbeclie” there shall be substituted the word “defective”; and in paragraph 14, in the fourth column, for the words “an idiot or imbecile” there shall be substituted the words “a defective”.
. . . F108	. . . F108
. . . F109	. . . F109
The Variation of Trusts Act, 1958, 6 & 7 Eliz. 2. c. 53.	In section one, in subsection (3), for the words from “the Judge” to the end of the subsection there shall be substituted the words “the authority having jurisdiction under Part VIII of the Mental Health Act, 1959, if that person is a patient within the meaning of the said Part VIII”, and in subsection (6), for the words from “section one hundred and seventy-one” to the end of the subsection there shall be substituted the words “the powers of the authority having jurisdiction under Part VIII of the Mental Health Act, 1959”.
F92. . .	F92. . .

PART II OTHER AMENDMENTS

Enactment	Amendments
. . . F110	. . . F110
. . . F111	. . . F111
. . . F112	. . . F112
. . . F113	. . . F113
. . . F114	. . . F114
. . . F112	. . . F112
. . . F115	. . . F115
. . . F116	. . . F116
. . . F110	. . . F110
. . . F117	. . . F117
F92. . .	F92. . .

F118 F118EIGHTH SCHEDULE

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F118