- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 01/09/1992
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Mental Health Act 1959.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Modifications etc. (not altering text)
C1Pt. II amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
Textual Amendments
[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 or]services for such persons.
[F3(3)Subsection (2) of this section shall not affect the operation of the provisions of Part IV of the M5National Assistance Act 1948, relating to disabled persons’ homes or charities for disabled persons, but without prejudice to the provisions of Part III of this Act with respect to the registration of such homes.]
(4)Nothing in this section shall be construed as requiring a local authority to make provision for the same purposes both under . . . F8 Part III of the M6National Assistance Act 1948 [F9and under Schedule 8 to the M7National Health Service Act 1977].
Textual Amendments
F3S. 8(1)(3) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10
F4Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(1)
F5Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(1)
F6Words repealed ( prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10
F7Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(2)
F8Words repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16
F9Words added by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(3)
Marginal Citations
(1)[F11A local social services authority] may accommodate in homes [F12provided under section 38 of the M8Children and Young Persons Act 1969] any child who, not being in their care within the meaning of Part II of [F12the M9Children Act 1948],is a person whose care or after-care is for the time being undertaken by that or any other authority . . . F13 in pursuance of arrangements made under [F14paragraph 2 of Schedule 8 to the M10National Health Service Act 1977], [F15or under section twenty-seven of the M11National Health Service (Scotland) Act 1947] for the care or after-care of persons who are or have been suffering from mental disorder.
[F16(2)Where any such child as is referred to in subsection (1) of this section is accommodated as mentioned in that subsection by a local social services authority; the authority may make such adjustments of their accounts as they consider appropriate.]
(3)Nothing in this Act, or in any other enactment, shall be construed as preventing a [F11local social services authority] from receiving into their care under section one of the M12Children Act 1948, a child who is mentally disordered, nor as preventing a [F11local social services authority] from accommodating in pursuance of such arrangements as aforesaid any child who is in the care of that or any other authority . . . F13
(4)In this section “child” has the same meaning as in the M13Children Act 1948.]
Textual Amendments
F10S. 9 repealed ( prosp.) by Children Act 1989 (c. 41, SIF 20), s. 108(2)(7), Sch. 15
F11Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(3)
F12Words substituted by Children and Young Persons Act 1969 (c. 54), Sch. 5 para. 37
F13Words repealed by Local Government Act 1972 (c. 70), Sch. 30
F14Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 25
F15Words inserted by Mental Health (Scotland) Act 1960 (c. 61), Sch. 4
F16S. 9(2) substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(3)
Marginal Citations
Textual Amendments
F17Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F18Ss. 11—13, Sch. 2 repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch.
Textual Amendments
F19Ss. 14—18, 23(2) repealed by Nursing Homes Act 1975 (c. 37), s. 22(3), Sch. 3
Textual Amendments
F20Ss. 19–21, 23(1), Sch. 7 Part II entry relating to: National Assistance Act 1948 (c. 29), s. 37 repealed by Residential Homes Act 1980 (c. 7), Sch. 2
Textual Amendments
F21Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
Textual Amendments
F22Ss. 19–21, 23(1), Sch. 7 Part II entry relating to: National Assistance Act 1948 (c. 29), s. 37 repealed by Residential Homes Act 1980 (c. 7), Sch. 2
F23Ss. 14—18, 23(2) repealed by Nursing Homes Act 1975 (c. 37), s. 22(3), Sch. 3
Textual Amendments
F24S. 24 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II
Textual Amendments
F25Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F26S. 36 repealed and superseded by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
Textual Amendments
F27Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F28Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
Textual Amendments
F29Ss. 45-59 repealed by Mental Health Act 1983 (c.20, SIF 85), Sch. 6
Textual Amendments
F30Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F31Ss. 61, 79 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
Textual Amendments
F32Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F33S. 69 repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I
Textual Amendments
F34Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F35Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
Textual Amendments
F36Ss. 61, 79 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6
Textual Amendments
F37Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F38Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F39Ss. 82—84, 91 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5
Textual Amendments
F40S. 85 (which was substituted for ss. 85 and 86 by Mental Health Act (Northern Ireland) 1961 (c. 15), Sch. 5 Pt. I) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F41S. 87 (which was substituted for ss. 87 and 88 by Mental Health Act (Northern Ireland) 1961 (c. 15), Sch. 5 Pt. I) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F42Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F43Ss. 82—84, 91 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5
Textual Amendments
F44Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
Textual Amendments
F46Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F47Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F49Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Modifications etc. (not altering text)
C2Pt. IX amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1
Textual Amendments
F50Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F51Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
(1)The Sexual Offences Act, 1956, shall be amended as follows:—
(a)For section seven there shall be substituted the following section:—
(1)It is an offence, subject to the exception mentioned in this section, for a man to have unlawful sexual intercourse with a woman who is a defective.
(2)A man is not guilty of an offence under this section because he has unlawful sexual intercourse with a woman if he does not know and has no reason to suspect her to be a defective.”
(b)for section forty-five there shall be substituted the following section:—
In this Act “defective” means a person suffering from severe subnormality within the meaning of the Mental Health Act, 1959.”
and section eight of that Act shall cease to have effect.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
Textual Amendments
F52S. 127(2) repealed by Guardianship Act 1973 (c. 29), Sch. 3
Modifications etc. (not altering text)
C3The text of s. 127(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
(1)Without prejudice to section seven of the M14Sexual Offences Act 1956, it shall be an offence, subject to the exception mentioned in this section,—
(a)for a man who is an officer on the staff of or is otherwise employed in, or is one of the managers of, a hospital or mental nursing home to have unlawful sexual intercourse with a woman who is for the time being receiving treatment for mental disorder in that hospital or home, or to have such intercourse on the premises of which the hospital or home forms part with a woman who is for the time being receiving such treatment there as an out-patient;
(b)for a man to have unlawful sexual intercourse with a woman who is a mentally disordered patient and who is subject to his guardianship under [F53the Mental Health Act 1983] or is otherwise in his custody or care under [F53the Mental Health Act 1983] or in pursuance of arrangements under . . . F54, or Part III of the M15National Assistance Act 1948, [F55or the M16National Health Service Act 1977] or as a resident in a residential [F56care home within the meaning of Part I of the Registered Homes Act 1984]
(2)It shall not be an offence under this section for a man to have sexual intercourse with a woman if he does not know and has no reason to suspect her to be a mentally disordered patient.
(3)Any person guilty of an offence under this section shall be liable on conviction on indictment to imprisonment for a term not exceeding two years.
(4)No proceedings shall be instituted for an offence under this section except by or with the consent of the Director of Public Prosecutions.
(5)This section shall be construed as one with the M17Sexual Offences Act 1956; and section forty-seven of that Act (which relates to the proof of exceptions) shall apply to the exception mentioned in this section.
Textual Amendments
F53Words substituted by Mental Health Act 1983 (c. 20, SIF 85), Sch. 4 para. 15
F54Words repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16
F55Words inserted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 29
F56Words substituted by Registered Homes Act 1984 (c. 23, SIF 113:3), s. 57, Sch. 1 para. 2
Marginal Citations
Textual Amendments
F57Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
(1)A [F58local 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
Textual Amendments
F58Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(2)
F59Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
Textual Amendments
F60Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F61Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
Textual Amendments
F62Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
Textual Amendments
F63Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
(1)Where the Minister is of opinion, on complaint or otherwise, that a [F64local 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 [F65section 85 of the M18National 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.
Textual Amendments
F64Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(2)
F65Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 32
Marginal Citations
The Minister may cause an inquiry to be held in any case where he thinks it advisable to do so in connection with any matter arising under this Act, and [F66subsections (2) to (5) of section 250 of the M19Local Government Act 1972] shall apply to any inquiry held under this Act, except that no local authority shall be ordered to pay costs under subsection (4) of that section in the case of any inquiry unless the authority is a party thereto.
Textual Amendments
F66Words substituted by virtue of Local Government Act 1972 (c. 70), s. 272(2)
Modifications etc. (not altering text)
C4S. 143 extended by Nursing Homes Act 1975 (c. 37), s. 21
Marginal Citations
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
(c)any increase attributable to this Act in the sums payable out of moneys provided by Parliament under any other enactment.
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
Textual Amendments
F67Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
F68Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
Textual Amendments
F69Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
F70Ss. 44, 77, 78, 131(2), 134, 144(2), 146, Sch. 7 Part II entry relating to: Representation of the People Act 1949 (c. 68) repealed by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I
Textual Amendments
F71Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
(3)—(5).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
Textual Amendments
F73Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Modifications etc. (not altering text)
C5The text of s. 149(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
The following provisions of this Act shall extend to Scotland, that is to say—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
section one hundred and forty-five so far as applicable to any Order in Council extending to Scotland;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
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.
Textual Amendments
F74Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3
F75Words repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
Textual Amendments
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77, this Act shall not extend to Northern Ireland.
Textual Amendments
F77Words repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7
Textual Amendments
F78Ss. 1–5, 10, 22, 25–35, 37–43, 45–60, 62–68, 70–76, 80, 81, 89, 90, 92–96, 99–119, 121–126, 129, 130, 132, 133, 135–141, 144(1)(b), 145(2), 147, 148, 149(3)–(5), 153, Schs. 1, 3, 5, Sch. 7 Pt. I entry relating to: ss. 48 and 49 of the Fines and Recoveries Act 1983 (c. 74, SIF 98:3), Sch. 7 Part II entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6
(1)This Act may be cited as the Mental Health Act 1959.
(2)[F79Section 130(4) of the M20National 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
F79Words substituted by National Health Service Act 1977 (c. 49), s. 129. Sch. 15 para. 34
Modifications etc. (not altering text)
C6S. 154(2) extended by Mental Health (Amendment) Act 1975 (c. 29), s. 2(4)
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