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]

Modifications etc. (not altering text)

C1 Functions of Minister of Health under this Act now exercisable by Secretary of State: S.I. 1968/1699, art. 2

Act: Functions of a Minister of the Crown transferred to the Assembly (W.) (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1

Commencement Information

I1 Act not in force at Royal Assent by virtue of s. 153(1)(2) (now repealed); Act wholly in force at 1.11.1960

Part I E+W Preliminary

1—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W

Textual Amendments

F1 Ss. 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entries relating to: Polish Resettlement Act 1947 (c. 19), U.S.A. Veterans' Pensions (Administration) Act 1949 (c. 45) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part II E+W Local Authority Services

Modifications etc. (not altering text)

C2 Pt. II amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

General Provisions E+W

6, 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W

Textual Amendments

F2 Ss. 6, 7 repealed by Health Services and Public Health Act 1968 (c. 46), s. 12(7), Sch. 4

8 Functions of welfare authorities. E+W

[F3 (1) For the purposes of subsection (8) of section twenty-one of the M1 National 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 [F4 local social services authorities ] under [F5 paragraph 2 of Schedule 8 to the M2 National Health Service Act 1977 ] , with respect to residential accommodation for persons who are or have been suffering from mental disorder. ]

(2) [F6 The 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 M3 National Health Service Act 1946), no account shall be taken of the provisions of [F7 Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006], with respect to the provision of accommodation or services 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 M4 National Assistance Act 1948 [F10 and under [F11 Schedule 20 to the National Health Service Act 2006 or Schedule 15 to the National Health Service (Wales) Act 2006]].

Textual Amendments

F3 S. 8(1) repealed (prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

F4 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(1)

F5 Words substituted by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(1)

F6 Words repealed ( prosp.) by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), ss. 66(2), 67(2), Sch. 10

F7 Words in s. 8(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 23(a) (with Sch. 3 Pt. 1)

F8 S. 8(3) repealed (1.9.1992) by Charities Act 1992 (c. 41), s. 78(2), Sch. 7; S.I. 1992/1900, art. 2(1), Sch. 1

F9 Words repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

F10 Words added by National Health Service Act 1977 (c. 49), s. 129, Sch. 15 para. 24(3)

F11 Words in s. 8(4) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 23(b) (with Sch. 3 Pt. 1)

Marginal Citations

M1 1948 c. 29.

M2 1977 c. 49.

M3 1946 c. 81.

M4 1948 c. 29.

F12 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F12 S. 9 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108(7), Sch.15 (with Sch. 14 paras. 1(1) and 27(4)); S.I. 1991/828, art. 3(2)

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 E+W

Textual Amendments

F13 Ss. 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

11—13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 E+W

Textual Amendments

F14 Ss. 11—13, Sch. 2 repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch.

Part III E+W Mental Nursing Homes, Residential Homes, etc.

14—18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 E+W

Textual Amendments

F15 Ss. 14—18, 23(2) repealed by Nursing Homes Act 1975 (c. 37), s. 22(3), Sch. 3

19—21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16 E+W

Textual Amendments

F16 Ss. 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

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 E+W

Textual Amendments

F17 Ss. 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

23

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F18 Ss. 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

F19 Ss. 14—18, 23(2) repealed by Nursing Homes Act 1975 (c. 37), s. 22(3), Sch. 3

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 E+W

Textual Amendments

F20 S. 24 repealed by London Government Act 1963 (c. 33), Sch. 18 Pt. II

Part IV E+W Compulsory Admission to Hospital and Guardianship

25—35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21 E+W

Textual Amendments

F21 Ss. 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

36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22 E+W

Textual Amendments

F22 S. 36 repealed and superseded by Mental Health (Amendment) Act 1982 (c. 51, SIF 85), Sch. 4 Pt. I

37—43. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23 E+W

Textual Amendments

F23 Ss. 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

44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24 E+W

Textual Amendments

F24 Ss. 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

45—59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F25 E+W

Textual Amendments

F25 Ss. 45-59 repealed by Mental Health Act 1983 (c.20, SIF 85), Sch. 6

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

60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26 E+W

Textual Amendments

F26 Ss. 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

61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27 E+W

Textual Amendments

F27 Ss. 61, 79 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

62—68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28 E+W

Textual Amendments

F28 Ss. 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

69 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 E+W

Textual Amendments

F29 S. 69 repealed by Criminal Justice Act 1967 (c. 80), Sch. 7 Pt. I

70—76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30 E+W

Textual Amendments

F30 Ss. 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

77, 78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 E+W

Textual Amendments

F31 Ss. 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

79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32 E+W

Textual Amendments

F32 Ss. 61, 79 repealed by Children and Young Persons Act 1969 (c. 54), Sch. 6

80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33 E+W

Textual Amendments

F33 Ss. 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

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

81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34 E+W

Textual Amendments

F34 Ss. 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

82—84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F35 E+W

Textual Amendments

F35 Ss. 82—84, 91 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5

85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 E+W

Textual Amendments

F36 S. 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

87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37 E+W

Textual Amendments

F37 S. 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

89, 90. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38 E+W

Textual Amendments

F38 Ss. 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

91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39 E+W

Textual Amendments

F39 Ss. 82—84, 91 repealed by Mental Health (Scotland) Act 1960 (c. 61), Sch. 5

92—96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40 E+W

Textual Amendments

F40 Ss. 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

Part VII E+W Special Hospitals

97, 98. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41 E+W

Textual Amendments

F41 Ss. 97, 98 repealed by National Health Service Reorganisation Act 1973 (c. 32), Sch. 5

99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42 E+W

Textual Amendments

F42 Ss. 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

Part VIII E+W Management of Property and Affairs of Patients

100—119. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43 E+W

Textual Amendments

F43 Ss. 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

120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44 E+W

Textual Amendments

F44 S. 120, Sch. 4 repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F45 E+W

Textual Amendments

F45 Ss. 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

Part IX E+W Miscellaneous and General

Modifications etc. (not altering text)

C3 Pt. IX amended by Local Authority Social Services Act 1970 (c. 42), s. 2(1), Sch. 1

122—124. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F46 E+W

Textual Amendments

F46 Ss. 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

Offences E+W

125, 126. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47 E+W

Textual Amendments

F47 Ss. 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

F48 127 Amendment of Sexual Offences Act, 1956. E+W

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

Textual Amendments

F48 S. 127 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 13, Sch. 7; S.I. 2004/874, art. 2

F49 128 Sexual intercourse with patients. E+W

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

Textual Amendments

F49 S. 128 repealed (1.5.2004) by Sexual Offences Act 2003 (c. 42), s. 141, Sch. 6 para. 13, Sch. 7; S.I. 2004/874, art. 2

129, 130. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50 E+W

Textual Amendments

F50 Ss. 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

131 Prosecutions by local authorities. E+W

(1) A [F51 local 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Textual Amendments

F51 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(2)

F52 Ss. 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

Miscellaneous provisions U.K.

132, 133. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53 E+W

Textual Amendments

F53 Ss. 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

134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54 E+W

Textual Amendments

F54 Ss. 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

135—138. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55 E+W

Textual Amendments

F55 Ss. 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

139—141. Supplemental E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Textual Amendments

F56 Ss. 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

142 Default powers of Minister. E+W

(1) Where the Minister is of opinion, on complaint or otherwise, that a [F57 local 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) [F58 Section 68(4) of the National Health Service Act 2006, and section 28(4) of the National Health Service (Wales) Act 2006 (which relate] 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

F57 Words substituted by Local Government Act 1972 (c. 70), Sch. 23 para. 9(2)

F58 Words in s. 142(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 24 (with Sch. 3 Pt. 1)

F59 143 Inquiries. E+W

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

Textual Amendments

F59 S. 143 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 5, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

144 Expenses. E+W

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61

Textual Amendments

F60 Ss. 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

F61 Ss. 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

145 General provisions as to regulations, orders and rules. E+W+S

(1) Any power of the Minister F62 ... to make regulations, orders or rules under this Act shall be exercisable by statutory instrument.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

Textual Amendments

F62 Words in s. 145 repealed (3.4.2006) by Constitutional Reform Act 2005 (c. 4), s. 148(1), Sch. 4 para. 51, Sch. 18 Pt. 2; S.I. 2006/1014, art. 2(a), Sch. 1 paras. 11(e), 30(b)

F63 Ss. 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

146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64 E+W

Textual Amendments

F64 Ss. 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

147, 148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65 E+W

Textual Amendments

F65 Ss. 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

149 Minor and consequential amendments and repeals. E+W

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F66

(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67

Textual Amendments

F66 S. 149(2) repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. 1 Pt. XI

F67 Ss. 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)

C4 The 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.

150 Application to Scotland. U.K.

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

• section one hundred and forty-five so far as applicable to any Order in Council extending to Scotland;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

• 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

F68 Words repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3

F69 Words repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

151 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70 E+W

Textual Amendments

F70 S. 151 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

152 Application to Northern Ireland. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71 , this Act shall not extend to Northern Ireland.

Textual Amendments

F71 Words repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72 E+W

Textual Amendments

F72 Ss. 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

154 Short title and application to Scilly Isles. E+W

(1) This Act may be cited as the Mental Health Act 1959.

(2) [F73 Section 278(4) of the National Health Service Act 2006 (which provides for the application] 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

F73 Words in s. 154(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 25 (with Sch. 3 Pt. 1)

Modifications etc. (not altering text)

C5 S. 154(2) extended by Mental Health (Amendment) Act 1975 (c. 29), s. 2(4)

SCHEDULES

FIRST SCHEDULE E+W . . . F74

Textual Amendments

F74 Ss. 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

SECOND SCHEDULE E+W . . . F75

Textual Amendments

F75 Ss. 11—13, Sch. 2 repealed by Education (Handicapped Children) Act 1970 (c. 52), Sch.

THIRD SCHEDULE E+W . . . F76

Textual Amendments

F76 Ss. 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

FOURTH SCHEDULE E+W . . . F77

Textual Amendments

F77 S. 120, Sch. 4 repealed by S.I. 1986/595 (N.I. 4), art. 138, Sch. 7

FIFTH SCHEDULE E+W . . . F78

Textual Amendments

F78 Ss. 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

Section 148.

SIXTH SCHEDULE E+W Transitional Provisions

Part I E+W

1, 2. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F79

Textual Amendments

F79 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part II E+W

3—6. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F80

Textual Amendments

F80 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part III E+W Provisions relating to Parts IV and V

7—14. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F81

Textual Amendments

F81 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Transferred patients E+W

15 (1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82 E+W

(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 M5 Criminal Justice Act 1948, or subsection (2) of section sixty-four of the M6 Criminal 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F82

Textual Amendments

F82 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Marginal Citations

M5 1948 c. 58.

M6 1949 c. 94.

16—23. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F83

Textual Amendments

F83 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Part IV E+W

24—28. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F84

Textual Amendments

F84 Sch. 6 (except paragraph 15(4)) repealed by Mental Health Act 1983 (c. 20, SIF 85), Sch. 6

Sections 149, 150, 152.

Seventh Schedule E+W+S MINOR AND CONSEQUENTIAL AMENDMENTS

Modifications etc. (not altering text)

C6 The text of Sch. 7 Pts. I and II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part I E+W

AMENDMENTS EXTENDING TO ENGLAND AND WALES ONLY E+W

Enactment	Amendment
F85 . . .	F85 . . .
	. . . F86
	. . . F87
. . . F88	. . . F88
F85 . . .	F85 . . .
. . . F89	. . . F89
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
. . . F90	. . . F90
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
	F85 . . .
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
	... F91
	... F92
	F85 . . .

Enactment	Amendment
F93 . . .	F93 . . .
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”.
. . . F94	. . . F94
F95 . . .	F95 . . .
	F95 . . .
. . . F96	. . . F96
. . . F97	. . . F97
. . . F98	. . . F98
. . . F97	. . . F97
. . . F99	. . . F99
. . . F100	. . . F100
. . . F101	. . . F101
. . . F102	. . . F102
F85 . . .	F85 . . .
. . . F103	. . . F103
. . . F104	. . . F104
. . . F105	. . . F105
. . . F106	. . . F106
. . . F102	. . . F102
. . . F107	. . . F107
. . . F108	. . . F108
. . . F109	. . . F109
. . . F110	. . . F110
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”.
. . . F111	. . . F111
. . . F112	. . . F112
F85 . . .	F85 . . .
F95 . . .	F95 . . .

Textual Amendments

F85 Sch. 7 Pt. 1 entries repealed (1.10.2007) by Mental Capacity Act 2005 (c. 9), s. 68(1), Sch. 7 (with ss. 27-29, 62); S.I. 2007/1897, art. 2(1)(d)

F86 Ss. 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

F87 Sch. 7 entry relating to the Fines and Recoveries Act 1833, the words from “In section ninety-one” onwards repealed by Statute Law (Repeals) Act 1969

F88 Sch. 7 entry relating to the amendments of the Court of Chancery of Lancaster Act 1850 repealed by Courts Act 1971 (c. 23) s. 56(4), Sch. 11 Pt. II

F89 Sch. 7 entry relating to the Habitual Drunkards Act 1879 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. I Pt. Il

F90 Sch. 7 Pt. I entry relating to: Forgery Act 1913 (c. 27) repealed by Forgery and Counterfeiting Act 1981 (c. 45, SIF 39:7), Sch. Pt. I

F91 Sch. 7 entry relating to the Law of Property Act 1925 repealed (1.1.1997) by 1996 c. 47, ss. 25(2), sch. 4 (with s. 24(2)); S.I.1996/2974, art. 2

F92 Sch. 7 entry relating to the Law of Property Act 1925 repealed (1.1.1997) by 1996 c. 47, ss. 25(2), sch. 4 (with s. 24(2)); S.I.1996/2974, art. 2

F93 Sch. 7 entry repealed (13.10.2003) by Land Registration Act 2002 (c. 9), s. 136(2), Sch. 13 (with s. 129, Sch. 12 para. 1); S.I. 2003/1725, art. 2(1)

F94 Sch. 7 Pt. I entry relating to: Supreme Court of Judicature (Consolidation) Act 1925 (c. 49) repealed by Supreme Court Act 1981 (c. 54, SIF 37), Sch. 7

F95 Sch. 7 entry repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 8

F96 Sch. 7 entry relating to the Public Health Act 1936 repealed with (saving) by Nursing Homes Act 1975 (c. 37), s. 22(2)(3), Sch. 2 paras. 3, 5, Sch. 3

F97 Sch. 7 entries relating to the Public Health (London) Act 1936 and the London Government Act 1939 repealed by London Government Act 1963 (c. 33), s. 93(1), Sch. 18 Pt. II

F98 Sch. 7 Pt. I entry relating to: Limitation Act 1939 (c. 21) repealed by Limitation Act 1980 (c. 58, SIF 79), Sch. 4

F99 Sch. 7 entry relating to Education Act 1944 repealed by Education (Handicapped Children) Act 1970 (c. 52), s. 2, Sch.

F100 Sch. 7 entry relating to The Teachers' Superannuation Act 1945 repealed by The Teachers' Superannuation Act 1965 (c. 83), ss. 2(1)()c), 8(1)(b), Sch. 3 Pt. II

F101 Sch. 7 entry relating to the amendment of s. 63 of the National Health Service Act 1946 repealed by Health Services and Public Health Act 1968 (c. 46), s. 78(2), Sch. 4

F102 Sch. 7 entries relating to the National Health Service Act 1946, and the National Health Service (Amendment) Act 1949 repealed by National Health Service Act 1977 (c. 49), s. 129, Sch. 16

F103 Sch. 7 entry relating to the Children Act 1948 repealed by Children Act 1975 (c. 72), s. 108(1)(b), Sch. 4 Pt. V

F104 Sch. 7 entry relating to the Criminal Justice Act 1948 repealed by Powers of Criminal Courts Act 1973 (c. 62), s. 56(2), Sch. 6

F105 Sch. 7 entry relating to the National Service Act 1948 repealed by Statute Law (Repeals) Act 1977 (c. 18), s. 1(1), Sch. 1 Pt. I

F106 Sch. 7 entries relating to the Recall of Army and Air Force Pensioners Act 1948, the Naval Enlistment Act 1884, the Army Act 1955, the Air Force Act 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 repealed by Mental Health (Scotland) Act 1960 (c. 61), s. 113(2), Sch. 5

F107 Sch. 7 entry relating to the Matrimonial Causes Act 1950 repealed by Matrimonial Causes Act 1965 (c. 72), s. 45, Sch. 2

F108 Sch. 7 entry relating to the Costs in Criminal Cases Act 1952 repealed by Costs in Criminal Cases Act 1973 (c. 14), s. 21(2), Sch. 2

F109 Sch. 7 Pt. I entry relating to: Magistrates' Courts Act 1952 (c. 55) repealed by Magistrates' Courts Act 1980 (c. 43, SIF 82), Sch. 9

F110 Sch. 7 entry relating to the Local Government Superannuation Act 1953 repealed by Superannuation Act 1972 (c. 11), s. 29(4), Sch. 8

F111 Sch. 7 Pt. I entry relating to: Nurses Act 1957 (c. 15) repealed by Nurses, Midwives and Health Visitors Act 1979 (c. 36, SIF 83:1), Sch. 8

F112 Sch. 7 entry relating to the amendment of the Solicitors Act 1957 repealed by Solicitors (Amendment) Act 1974 (c. 26), s. 19(5)(6), Sch. 3 Pt. I

PART II E+W+S OTHER AMENDMENTS

Enactment	Amendments
. . . F113	. . . F113
. . . F114	. . . F114
. . . F115	. . . F115
. . . F116	. . . F116
. . . F117	. . . F117
. . . F115	. . . F115
. . . F118	. . . F118
. . . F119	. . . F119
. . . F113	. . . F113
. . . F120	. . . F120
F95 . . .	F95 . . .

Textual Amendments

F113 Sch. 7 entries relating to the Recall of Army and Air Force Pensioners Act 1948, the Naval Enlistment Act 1884, the Army Act 1955, the Air Force Act 1955, and the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 repealed by Mental Health (Scotland) Act 1960 (c. 61), s. 113(2), Sch. 5

F114 Sch. 7 entry relating to the Pharmacy and Poisons Act 1933 repealed by Poisons Act 1972 (c. 66), s. 12(1), Sch. 3

F115 Ss. 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

F116 Ss. 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

F117 Sch. 7 entry relating to the Children Act 1948 repealed by Local Authority Social Services Act 1970 (c. 42), s. 14(2), Sch. 3

F118 Ss. 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

F119 Sch. 7 Part II entry relating to: Administration of Justice (Pensions) Act 1950 (c. 11) repealed by Judicial Pensions Act 1981 (c. 20, SIF 71:2), Sch. 4

F120 Sch. 7 Part II entry relating to: Children Act 1958 (c. 65) repealed by Foster Children Act 1980 (c. 6), Sch. 2

F121 F121 EIGHTH SCHEDULE E+W+S

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

Textual Amendments

F121 Sch. 8 repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. 1 Pt. XI