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In force since 2026-04-06, as the publisher states.
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Mental Health Act 2025 2025 Chapter 33 An Act to make provision to amend the Mental Health Act 1983 in relation to mentally disordered persons; and for connected purposes. [18th December 2025] Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a change(1) In section 66 of the Mental Health Act 1983 (applications to tribunals), in subsection (2)— (a) in paragraph (a), for “14 days” substitute “21 days”; (b) in paragraph (b), for “six months” substitute “three months”; (c) in paragraph (e), for “six months” substitute “three months”. (2) In section 75 of the Mental Health Act 1983 (applications and references concerning conditionally discharged restricted patients)— (a) in subsection (1), after “above” insert “(“conditionally discharged”)”; (b) in subsection (2)— (i) in the words before paragraph (a), for “as aforesaid but” substitute “, is not subject to conditions amounting to a deprivation of liberty and”; (ii) in paragraph (a), for the words from “beginning” to “discharged”, substitute beginning— (i) in the case of a patient who has previously been subject to conditions amounting to a deprivation of liberty, with the date on which the patient most recently ceased to be subject to such conditions, and (ii) in any other case, with the date on which the patient was conditionally discharged ; (c) after subsection (2) insert— (2A) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the patient may apply to the appropriate tribunal— (a) in the period between the expiration of six months and the expiration of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and (b) in any subsequent period of two years.
Propose a change(1) The Mental Health Act 1983 is amended as follows. (2) In section 71 (references by Secretary of State concerning restricted patients)— (a) in subsection (3A), for the words from “include” to the end substitute make— (a) provision subject to specified exceptions, (b) different provision for different cases or areas, and (c) transitional, consequential, incidental or supplemental provision. ; (b) after subsection (4) insert— (4A) Sections 73 and 74 do not apply to a reference under subsection (1) in respect of a patient who has been conditionally discharged and not recalled to hospital but on any such reference the tribunal may— (a) vary any condition to which the patient is subject in connection with the patient’s discharge or impose any condition which might have been imposed in connection with their discharge, or (b) direct that the restriction order, limitation direction or restriction direction to which the patient is subject ceases to have effect, and if the tribunal gives a direction under paragraph (b) the patient ceases to be liable to be detained by virtue of the relevant hospital order, hospital direction or transfer direction. (4B) Conditions amounting to a deprivation of liberty may be imposed under subsection (4A)(a) only if the tribunal is satisfied— (a) that conditions amounting to a deprivation of the patient’s liberty are necessary for the protection of another person from serious harm while the patient remains discharged from hospital, and (b) that for the patient to remain discharged subject to those conditions would be no less beneficial to their mental health than for them to be recalled to hospital. (3) In section 75 (applications and references concerning conditionally discharged restricted patients)— (a) after subsection (2A) (as inserted by section 30(2)(c) of this Act) insert— (2C) Where a restricted patient has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital, the Secretary of State must refer the patient’s case to the appropriate tribunal on the expiry of— (a) the period of 12 months beginning with the date on which the patient most recently became subject to conditions amounting to a deprivation of liberty (whether or not that was the date on which the patient was conditionally discharged), and (b) each subsequent period of two years. (2D) The Secretary of State is not required to make a reference under subsection (2C) if the patient’s case was considered by the appropriate tribunal during the period in question. (2E) The Secretary of State must refer to the appropriate tribunal the case of any restricted patient who has been conditionally discharged, is subject to conditions amounting to a deprivation of liberty and has not been recalled to hospital if— (a) the patient’s case has not been considered by the appropriate tribunal within the last four years, and (b) there is no pending application or reference to the appropriate tribunal in relation to the patient’s case. (2F) The Secretary of State may by order vary the length of a period mentioned in subsection (2C) or (2E). (2G) An order under subsection (2F) may make— (a) provision subject to specified exceptions; (b) different provision for different cases or areas; (c) transitional, consequential, incidental or supplemental provision. (2H) Any reference under subsection (2C) or (2E) must be made to the tribunal for the area in which the patient resides. (2I) References in this section to the patient’s case being considered by the appropriate tribunal are to the patient’s case being considered by the appropriate tribunal on the patient’s own application or otherwise. ; (b) in subsection (3)— (i) after “subsection (2) above” insert “, or any reference under subsection (2C) or (2E)”; (ii) after “such application” insert “or reference”; (c) after subsection (3) insert— (4) Conditions amounting to a deprivation of liberty may be imposed under subsection (3)(a) only if the tribunal is satisfied— (a) that conditions amounting to a deprivation of the patient’s liberty are necessary for the protection of another person from serious harm while the patient remains discharged from hospital, and (b) that for the patient to remain discharged subject to those conditions would be no less beneficial to their mental health than for them to be recalled to hospital. (4) In section 143 (general provisions as to regulations, orders and rules), in subsection (3), for “or 71(3)” substitute “, 71(3) or 75(2F)”. (5) The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.
Propose a change(1) The Mental Health Act 1983 is amended as follows. (2) In section 42 (powers of Secretary of State in respect of patients subject to restriction orders), after subsection (2) insert— (2A) Conditions amounting to a deprivation of a patient’s liberty may be imposed under subsection (2) if the Secretary of State is satisfied that those conditions are necessary for the protection of the public from serious harm. (3) In section 73 (power of tribunal to discharge patients subject to restriction orders)— (a) in subsection (2)— (i) omit the “but” at the end of paragraph (a); (ii) at the end of paragraph (b), after “apply” insert ; and (c) the tribunal— (i) is not satisfied that conditions amounting to a deprivation of the patient’s liberty would be necessary for the protection of another person from serious harm, if the patient were discharged from hospital; or (ii) is satisfied that conditions amounting to a deprivation of the patient’s liberty would be necessary for the protection of another person from serious harm if the patient were discharged from hospital, and is also satisfied that for the patient to be discharged subject to those conditions would be no less beneficial to their mental health than for them to remain in hospital ; (b) after subsection (5) insert— (5A) Conditions amounting to a deprivation of a patient’s liberty may be imposed by the tribunal under subsection (4)(b) only where the tribunal is satisfied as to the matters mentioned in subsection (2)(c)(ii). (5B) Conditions amounting to a deprivation of a patient’s liberty may be imposed by the Secretary of State under subsection (4)(b) or (5) only where the Secretary of State is satisfied that those conditions are necessary for the protection of the public from serious harm. (4) In section 145(1) (interpretation), at the appropriate place insert— “deprivation of liberty” and related expressions are to be construed in accordance with section 64(5) and (6) of the Mental Capacity Act 2005; . (5) The amendments made by this section apply in relation to any person who is a restricted patient within the meaning given by subsection (1) of section 79 of the Mental Health Act 1983, or is treated as a restricted patient as a result of that subsection, whether the person became such a patient (or treated as such a patient) before or after the coming into force of this section.
Propose a change(1) The Mental Health Act 1983 is amended as follows. (2) In section 47 (removal to hospital of persons serving sentences of imprisonment etc) for subsection (1)(c) substitute— (c) that appropriate medical treatment can be given for the relevant disorder from which the person is suffering; . (3) In section 48 (removal to hospital of other prisoners)— (a) for subsection (1)(c) substitute— (c) appropriate medical treatment can be given for the relevant disorder from which the person is suffering; ; (b) in subsection (2), for paragraph (d) substitute— (d) persons detained under— (i) the Immigration Act 1971, (ii) section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State), (iii) section 36 of the UK Borders Act 2007 (detention of offenders for deportation), or (iv) regulation 32 of the Immigration (European Economic Area) Regulations 2016 (S.I. 2016/1052) (which are saved by the Citizens’ Rights (Restrictions of Rights of Entry and Residence) (EU Exit) Regulations 2020 (S.I. 2020/1210)).
Propose a change(1) In section 48 of the Mental Health Act 1983 (removal to hospital of other prisoners), in subsection (2)(a), for “remand centre” substitute “remanded to youth detention accommodation under section 91 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”. (2) In Schedule 8 to the Criminal Justice and Court Services Act 2000 (repeals), in the table, omit the entry relating to section 48(2)(a) of the Mental Health Act 1983.
Propose a changeIn Part 1 of Schedule 1 to the Mental Health Act 1983 (application of certain provisions to patients subject to hospital and guardianship orders who are not subject to special restrictions), in paragraph 9(b), for the words from “and (g)” to ““, (g)”,” substitute “, (d) and (g)”.
Propose a changeIn the Mental Health Act 1983, after section 142B insert— Human Rights Act 1998: extension to certain private care providers 142C (1) A registered care provider is to be regarded for the purposes of section 6(3)(b) of the Human Rights Act 1998 as exercising a function of a public nature in providing any of the services mentioned in subsection (2) (to the extent that it would not otherwise be so regarded). (2) The services are— (a) after-care services provided in pursuance of arrangements made under section 117; (b) services provided in pursuance of arrangements made by a local authority in Scotland discharging its duty under section 25 of the Mental Health (Care and Treatment) (Scotland) Act 2003; (c) the provision of medical treatment for mental disorder or assessment in relation to mental disorder, for an in-patient at a hospital, but only where that treatment or assessment is arranged or paid for by an NHS body. (3) In this section— “hospital” means any institution for the reception and treatment of people— suffering from mental disorder or other illness, convalescing, or requiring medical rehabilitation; “illness” includes any injury or disability requiring medical treatment or nursing; “NHS body”— in relation to England, has the meaning given by section 275(1) of the National Health Service Act 2006; in relation to Wales, has the meaning given by section 206(1) of the National Health Service (Wales) Act 2006; in relation to Scotland, a health board constituted by order made under section 2 of the National Health Service (Scotland) Act 1978; in relation to Northern Ireland means— the Department of Health, or a Health and Social Care Trust; “registered care provider” means-- a person registered under Chapter 2 of Part 1 of the Health and Social Care Act 2008, a person registered under Part 2 of the Care Standards Act 2000 or Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, a person providing— a care service which is registered under section 59 of the Public Services Reform (Scotland) Act 2010, or an independent health care service registered under section 10P of the National Health Service (Scotland) Act 1978, or a person registered under Part 3 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003.
Propose a change(1) The Secretary of State must carry out a review into— (a) whether regulation 18 of the Care Quality Commission (Registration) Regulations 2009 (S.I.2009/3112) (duty to notify incidents) ought to be extended to require a notification to be given in any other cases in which a person under the age of 18 is admitted to a hospital or registered establishment for medical treatment for, or assessment in relation to, mental disorder, and (b) whether the time period mentioned in regulation 18(2)(h) of those Regulations remains appropriate. (2) The Secretary of State must prepare and publish a report setting out the conclusions of the review. (3) The Secretary of State must lay a copy of the report before Parliament. (4) The report must be laid and published before the end of the period of 2 years beginning with the day on which this Act is passed. (5) In this section the following expressions have the meaning given by section 145 of the Mental Health Act 1983— “hospital”; “medical treatment”; “mental disorder”; “registered establishment”.
Propose a change(1) The Secretary of State may by regulations made by statutory instrument make provision that is consequential on this Act. (2) Regulations under this section may amend, repeal or revoke provision made by or under primary legislation passed— (a) before this Act, or (b) later in the same session of Parliament as this Act. (3) In this section “primary legislation” means— (a) an Act, or (b) an Act or Measure of Senedd Cymru. (4) A statutory instrument containing (alone or with other provision) regulations under this section that amend or repeal provision made by primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Propose a change(1) The Welsh Ministers may by regulations made by statutory instrument make provision that is consequential on this Act. (2) The only provision that may be made by virtue of this section is provision that would be within the legislative competence of Senedd Cymru if contained in an Act of the Senedd. (3) Regulations under this section may amend, repeal or revoke provision made by or under primary legislation passed— (a) before this Act, or (b) later in the same session of Parliament as this Act. (4) In this section “primary legislation” means— (a) an Act, or (b) an Act or Measure of Senedd Cymru. (5) A statutory instrument containing (alone or with other provision) regulations under this section that amend or repeal provision made by primary legislation may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru. (6) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.
Propose a change(1) An amendment or repeal made by this Act has the same extent as the provision amended or repealed subject to subsection (2). (2) Section 51, section 53, this section and sections 56 and 57 extend to England and Wales, Scotland and Northern Ireland.
Propose a change(1) Sections 30(2), 32, 35, 36(1) and (3)(b), 38 and 39 come into force at the end of the period of two months beginning with the day on which this Act is passed. (2) Sections 53 to 55, this section and section 57 come into force on the day on which this Act is passed. (3) Except as mentioned in subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by regulations appoint. (4) Regulations under this section are to be made by statutory instrument. (5) Different days may be appointed under subsection (3) for different purposes. (6) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act. (7) The power to make regulations under subsection (6) includes power to make different provision for different purposes. (8) Transitional and savings made by regulations under subsection (6) are additional, and without prejudice, to those made by any other provision of this Act.
Propose a changeThis Act may be cited as the Mental Health Act 2025.
Propose a change