Mental Health Act 1983

Contents

2,755 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part I · Application of Act
   1. 1 Application of Act: “mental disorder”.
2. Part II · Compulsory Admission to Hospital and Guardianship
   1. Guardianship
   2. Supplemental
   3. After-care under supervision
   4. Duration of authority and discharge
   5. Functions of relatives of patients
   6. General provisions as to applications and recommendations
   7. Position of patients subject to detention or guardianship
   8. Procedure for hospital admission
3. Part III · Patients Concerned in Criminal Proceedings or Under Sentence
   1. Supplemental
   2. Detention during Her Majesty’s pleasure
   3. Hospital and guardianship orders
   4. Hospital and limitation directions
   5. Remands to hospital
   6. Restriction orders
   7. Transfer to hospital of prisoners, etc.
4. Part IV · Consent to Treatment
   1. 56 Patients to whom Part IV applies.
   2. 57 Treatment requiring consent and a second opinion.
   3. 58 Treatment requiring consent or a second opinion.
   4. 58A Electro-convulsive therapy, etc.
   5. 59 Plans of treatment.
   6. 60 Withdrawal of consent.
   7. 61 Review of treatment.
   8. 62 Urgent treatment.
   9. 62A Treatment on recall of community patient or revocation of order
   10. 63 Treatment not requiring consent.
   11. 64 Supplementary provisions for Part IV.
5. Part 4A · Treatment of community patients not recalled to hospital
   1. 64A Meaning of “relevant treatment”
   2. 64B Adult community patients
   3. 64C Section 64B: supplemental
   4. 64D Adult community patients lacking capacity
   5. 64E Child community patients
   6. 64F Child community patients lacking competence
   7. 64FA Withdrawal of consent
   8. 64G Emergency treatment for patients lacking capacity or competence
   9. 64H Certificates: supplementary provisions
   10. 64I Liability for negligence
   11. 64J Factors to be considered in determining whether patient objects to treatment
   12. 64K Interpretation of Part 4A
6. Part V · Mental Health Review Tribunals
   1. General
   2. Applications and references concerning Part II patients
   3. Applications and references concerning Part III patients
   4. Constitution etc.
   5. Discharge of patients
7. Part VI · Removal and Return of Patients Within United Kingdom, etc.
   1. General
   2. Removal of aliens
   3. Removal to and from Channel Islands and Isle of Man
   4. Removal to and from Northern Ireland
   5. Removal to and from Scotland
   6. Return of patients absent without leave
8. Part VII · Management of Property and Affairs of Patients
   1. 93 Judicial authorities and Court of Protection.
   2. 94 Exercise of the judge’s functions: “the patient”.
   3. 95 General functions of the judge with respect to property and affairs of patient.
   4. 96 Powers of the judge as to patient’s property and affairs.
   5. 97 Supplementary provisions as to wills executed under s. 96.
   6. 98 Judge’s powers in cases of emergency.
   7. 99 Power to appoint receiver.
   8. 100 Vesting of stock in curator appointed outside England and Wales.
   9. 101 Preservation of interests in patient’s property.
   10. 102 Lord Chancellor’s Visitors.
   11. 103 Functions of Visitors.
   12. 104 General powers of the judge with respect to proceedings.
   13. 105 Appeals.
   14. 106 Rules of procedure.
   15. 107 Security and accounts.
   16. 108 General provisions as to rules under Part VII.
   17. 109 Effect and proof of orders, etc.
   18. 110 Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
   19. 111 Construction of references in other Acts to judge or authority having jurisdiction under Part VII.
   20. 112 Interpretation of Part VII.
   21. 113 Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.
9. Part VIII · Miscellaneous Functions of Local Authorities and the Secretary of State
   1. After-care
   2. Approved mental health professionals
   3. Functions of the Secretary of State
   4. Visiting patients
10. Part IX · Offences
    1. 126 Forgery, false statements, etc.
    2. 127 Ill-treatment of patients.
    3. 128 Assisting patients to absent themselves without leave, etc.
    4. 129 Obstruction.
    5. 130 Prosecutions by local authorities.
11. Part X · Miscellaneous and Supplementary
    1. Supplemental
    2. Miscellaneous provisions
12. Schedule 1 · Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders
    1. Part I Patients Not Subject to Special Restrictions
    2. Part II Patients Subject to Special Restrictions
13. Schedule 2 · Mental Health Review Tribunal for Wales
    1. (1) (1) The Mental Health Review Tribunal for Wales shall consist...
    2. (1A) As part of the selection process for an appointment under...
    3. (2) Subject to paragraph 2A below,the members of the Mental Health...
    4. (2A) A member of the Mental Health Review Tribunal for Wales...
    5. (3) (1) The Lord Chancellor shall appoint one of the legal...
    6. (4) Subject to rules made by the Lord Chancellor under section...
    7. (5) (1) A member of the First-tier Tribunal who is eligible...
    8. (6) Subject to any rules made by the Lord Chancellor under...
14. Schedule 3 · Enactments Disapplied in Respect of Persons Within Jurisdiction Under Part VII
15. Schedule 4 · Consequential Amendments
    1. (1) In the Fines and Recoveries Act 1833—
    2. (2) In section 68 of the Improvement of Land Act 1864...
    3. (3) In section 10(3) of the Colonial Prisoners Removal Act 1884...
    4. (4) In the Trustee Act 1925— (a) in section 36(9) for...
    5. (5) In the Law of Property Act 1925—
    6. (6) In section 111 of the Land Registration Act 1925—
    7. (7) In paragraph (ii) of the proviso to section 41(1) of...
    8. (8) In sections 4(1) and 11(3)(b) of the Polish Resettlement Act...
    9. (9) In section 1(4) of the U.S.A. Veterans’ Pensions (Administration) Act...
    10. (10) In section 116(7) of the Army Act 1955 for the...
    11. (11) In section 116(7) of the Air Force Act 1955 for...
    12. (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    13. (13) In section 71(6) of the Naval Discipline Act 1957 for...
    14. (14) In section 1 of the Variation of Trusts Act 1958—...
    15. (15) In section 128(1)(b) of the Mental Health Act 1959 for...
    16. (16) . . . . . . . . . ....
    17. (17) In section 5 of the Administration of Justice Act 1960—...
    18. (18) In the Criminal Procedure (Insanity) Act 1964—
    19. (19) In section 18 of the Administration of Justice Act 1965...
    20. (20) In paragraph 1(2)(b) of Schedule 1 to the Compulsory Purchase...
    21. (21) In the Criminal Justice Act 1967— (a) in section 72(1)(b)...
    22. (22) In section 26(2) of the Leasehold Reform Act 1967 for...
    23. (23) In the Criminal Appeal Act 1968— (a) . . ....
    24. (24) In the Courts-Martial (Appeals) Act 1968— (a) in sections 20(4)...
    25. (25) In section 21(4) of the Family Law Reform Act 1969...
    26. (26) In the Children and Young Persons Act 1969—
    27. (27) In Schedule 1 to the Local Authorities Social Services Act...
    28. (28) In section 57(1) of the Courts Act 1971 for the...
    29. (29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    30. (30) In section 30(2) of the Immigration Act 1971 for the...
    31. (31) . . . . . . . . . ....
    32. (32) In section 118 of the Local Government Act 1972—
    33. (33) In the Costs in Criminal Cases Act 1973—
    34. (34) In section 12(d) of the Matrimonial Causes Act 1973 for...
    35. (35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    36. (36) In section 3 of the Powers of Criminal Courts Act...
    37. (37) In Group D in Schedule 1 to the Juries Act...
    38. (38) In the Solicitors Act 1974— (a) in section 12(1)(j) for...
    39. (39) In section 5(7) of the Rehabilitation of Offenders Act 1974...
    40. (40) . . . . . . . . . ....
    41. (41) In the Criminal Procedure (Scotland) Act 1975—
    42. (42) In Part II of Schedule 1 to the House of...
    43. (43) . . . . . . . . . ....
    44. (44) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    45. (45) In section 32(6)(c) of the Adoption Act 1976 for the...
    46. (46) In section 3(6B) of the Bail Act 1976 for the...
    47. (47) In the National Health Service Act 1977—
    48. (48) In section 16A(1)(b)(ii) of the National Health Service (Scotland) Act...
    49. (49) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    50. (50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    51. (51) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
    52. (52) In the Residential Homes Act 1980— (a) in section 1(3)(a)...
    53. (53) In paragraph 2(a) of Schedule 2 to the Reserve Forces...
    54. (54) In section 31(2)(c) of the Transport Act 1980 for the...
    55. (55) In section 38 of the Limitation Act 1980—
    56. (56) In section 57(2)(c) of the Public Passenger Vehicles Act 1981...
    57. (57) In the Contempt of Court Act 1981—
    58. (58) In the Senior Courts Act 1981— (a) in section 48(6)(a)...
    59. (59) In section 13(9) of the Armed Forces Act 1981 or...
    60. (60) In paragraph 9 of Schedule 1 to the British Nationality...
    61. (61) In the Mental Health (Amendment) Act 1982—
16. Schedule 5 · Transitional and Saving Provisions
    1. (1) Where any period of time specified in an enactment repealed...
    2. (2) Nothing in this Act shall affect the interpretation of any...
    3. (3) Where, apart from this paragraph, anything done under or for...
    4. (4) (1) Until the expiration of the period of two years...
    5. (5) If no order has been made under section 11 of...
    6. (6) This Act shall apply in relation to any authority for...
    7. (7) This Act shall apply to any application made before 30th...
    8. (8) (1) Where on 30th September 1983 a person who has...
    9. (9) (1) Section 20(1) of this Act shall have effect in...
    10. (10) Section 23(2)(a) of this Act shall have effect in relation...
    11. (11) Where at any time before 30th September 1983 an application...
    12. (12) A person— (a) who was admitted to hospital in pursuance...
    13. (13) Subsection (1) of section 68 of this Act does not...
    14. (14) Section 69(1)(b) of this Act shall have effect in relation...
    15. (15) The provisions of this Act which derive from sections 24...
    16. (16) The words in section 42(1) of this Act which derive...
    17. (17) Section 91(2) of this Act shall not apply in relation...
    18. (18) (1) Subsection (3) of section 58 of this Act shall...
    19. (19) In the case of a patient who is detained at...
    20. (20) The repeal by the Mental Health (Amendment) Act 1982 of...
    21. (21) Any direction to which section 71(4) of the Mental Health...
    22. (22) Notwithstanding the repeal by this Act of section 53(5) of...
    23. (23) For any reference in any enactment, instrument, deed or other...
    24. (24) Nothing in this Act shall affect the operation of the...
    25. (25) Nothing in this Act shall affect the operation of subsection...
    26. (26) If the person who is the Master of the Court...
    27. (27) Nothing in this Act shall affect the operation of section...
    28. (28) References to applications, recommendations, reports and other documents in section...
    29. (29) The repeal by the Mental Health Act 1959 of the...
    30. (30) The repeal by the Mental Health Act 1959 of the...
    31. (31) (1) Any patient who immediately before the commencement of this...
    32. (32) Any patient who immediately before the commencement of this Act...
    33. (33) (1) This paragraph applies to patients who at the commencement...
    34. (34) (1) Any patient who is liable to be detained in...
    35. (35) (1) The responsible medical officer may record for the purposes...
    36. (36) Any person who immediately before the commencement of this Act...
    37. (37) (1) This paragraph applies to patients who immediately before the...
    38. (38) Any patient who immediately before the commencement of this Act...
    39. (39) Upon a restriction direction in respect of a patient who...
    40. (40) A person who immediately before the commencement of this Act...
    41. (41) Any opinion recorded by the responsible medical officer under the...
    42. (42) (1) In the foregoing provisions of this Schedule—
    43. (43) (1) Any order or appointment made, direction or authority given,...
    44. (44) Where a person who immediately before 1st November 1960 was...
    45. (45) Section 101(1) of this Act shall apply in relation to...
    46. (46) For the purposes of section 15 of the National Health...
17. Schedule 6 · Repeals