Law

Mental Health Act 1983

United Kingdom · statute

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In force since 2026-06-29, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 243 provisions
  1. Title and introductory text
  2. 1 Application of Act: “mental disorder”.
  3. 2 Admission for assessment.
  4. 3 Admission for treatment.
  5. 4 Admission for assessment in cases of emergency.
  6. 5 Application in respect of patient already in hospital.
  7. 6 Effect of application for admission.
  8. 7 Application for guardianship.
  9. 8 Effect of guardianship application, etc.
  10. 9 Regulations as to guardianship.
  11. 10 Transfer of guardianship in case of death, incapacity, etc., of guardian.
  12. 11 General provisions as to applications.
  13. 12 General provisions as to medical recommendations.
  14. 12ZA Agreement for exercise of approval function: England
  15. 12ZB Requirement to exercise approval functions: England
  16. 12ZC Provision of information for the purposes of section 12ZA or 12ZB
  17. 12A Conflicts of interest
  18. 13 Duty of approved mental health professionals to make applications for admission or guardianship.
  19. 14
  20. 15 Rectification of applications and recommendations.
  21. 16 Reclassification of patients.
  22. 17 Leave of absence from hospital.
  23. 17A Community treatment orders
  24. 17B Conditions
  25. 17C Duration of community treatment order
  26. 17D Effect of community treatment order
  27. 17E Power to recall to hospital
  28. 17F Powers in respect of recalled patients
  29. 17G Effect of revoking community treatment order
  30. 18 Return and readmission of patients absent without leave.
  31. 19 Regulations as to transfer of patients.
  32. 19A Regulations as to assignment of responsibility for community patients
  33. 20 Duration of authority.
  34. 20A Community treatment period
  35. 20B Effect of expiry of community treatment order
  36. 21 Special provisions as to patients absent without leave.
  37. 21A Patients who are taken into custody or return within 28 days.
  38. 21B Patients who are taken into custody or return after more than 28 days.
  39. 22 Special provisions as to patients sentenced to imprisonment, etc.
  40. 23 Discharge of patients.
  41. 24 Visiting and examination of patients.
  42. 25 Restrictions on discharge by nearest relative.
  43. 25A Application for supervision.
  44. 25B Making of supervision application.
  45. 25C Supervision applications: supplementary.
  46. 25D Requirements to secure receipt of after-care under supervision.
  47. 25E Review of after-care under supervision etc.
  48. 25F Reclassification of patient subject to after-care under supervision.
  49. 25G Duration and renewal of after-care under supervision.
  50. 25H Ending of after-care under supervision.
  51. 25I Special provisions as to patients sentenced to imprisonment etc.
  52. 25J Patients moving from Scotland to England and Wales.
  53. 26 Definition of “relative” and “nearest relative”.
  54. 27 Children and young persons in care.
  55. 28 Nearest relative of minor under guardianship, etc.
  56. 29 Appointment by court of acting nearest relative.
  57. 30 Discharge and variation of orders under s. 29.
  58. 31 Procedure on applications to county court.
  59. 32 Regulations for purposes of Part II.
  60. 33 Special provisions as to wards of court.
  61. 34 Interpretation of Part II.
  62. 35 Remand to hospital for report on accused’s mental condition.
  63. 36 Remand of accused person to hospital for treatment.
  64. 37 Powers of courts to order hospital admission or guardianship.
  65. 38 Interim hospital orders.
  66. 39 Information as to hospitals.
  67. 39A Information to facilitate guardianship orders.
  68. 40 Effect of hospital orders, guardianship orders and interim hospital orders.
  69. 41 Power of higher courts to restrict discharge from hospital.
  70. 42 Powers of Secretary of State in respect of patients subject to restriction orders.
  71. 43 Power of magistrates’ courts to commit for restriction order.
  72. 44 Committal to hospital under s. 43.
  73. 45 Appeals from magistrates’ courts.
  74. 45A Power of higher courts to direct hospital admission.
  75. 45B Effect of hospital and limitation directions.
  76. 46 Persons ordered to be kept in custody during Her Majesty’s pleasure.
  77. 47 Removal to hospital of persons serving sentences of imprisonment, etc.
  78. 48 Removal to hospital of other prisoners.
  79. 49 Restriction on discharge of prisoners removed to hospital.
  80. 50 Further provisions as to prisoners under sentence.
  81. 51 Further provisions as to detained persons.
  82. 52 Further provisions as to persons remanded by magistrates’ courts.
  83. 53 Further provisions as to civil prisoners and persons detained under the Immigration Acts.
  84. 54 Requirements as to medical evidence.
  85. 54A Reduction of period for making hospital orders.
  86. 55 Interpretation of Part III.
  87. 56 Patients to whom Part IV applies.
  88. 57 Treatment requiring consent and a second opinion.
  89. 58 Treatment requiring consent or a second opinion.
  90. 58A Electro-convulsive therapy, etc.
  91. 59 Plans of treatment.
  92. 60 Withdrawal of consent.
  93. 61 Review of treatment.
  94. 62 Urgent treatment.
  95. 62A Treatment on recall of community patient or revocation of order
  96. 63 Treatment not requiring consent.
  97. 64 Supplementary provisions for Part IV.
  98. 64A Meaning of “relevant treatment”
  99. 64B Adult community patients
  100. 64C Section 64B: supplemental
  101. 64D Adult community patients lacking capacity
  102. 64E Child community patients
  103. 64F Child community patients lacking competence
  104. 64FA Withdrawal of consent
  105. 64G Emergency treatment for patients lacking capacity or competence
  106. 64H Certificates: supplementary provisions
  107. 64I Liability for negligence
  108. 64J Factors to be considered in determining whether patient objects to treatment
  109. 64K Interpretation of Part 4A
  110. 65 Mental Health Review Tribunal for Wales.
  111. 66 Applications to tribunals.
  112. 67 References to tribunals by Secretary of State concerning Part II patients.
  113. 68 Duty of managers of hospitals to refer cases to tribunal.
  114. 68A Power to reduce periods under section 68
  115. 69 Applications to tribunals concerning patients subject to hospital and guardianship orders.
  116. 70 Applications to tribunals concerning restricted patients.
  117. 71 References by Secretary of State concerning restricted patients.
  118. 72 Powers of tribunals.
  119. 73 Power to discharge restricted patients.
  120. 74 Restricted patients subject to restriction directions.
  121. 75 Applications and references concerning conditionally discharged restricted patients.
  122. 76 Visiting and examination of patients.
  123. 77 General provisions concerning tribunal applications.
  124. 78 Procedure of Mental Health Review Tribunal for Wales.
  125. 78A Appeal from the Mental Health Review Tribunal for Wales to the Upper Tribunal
  126. 79 Interpretation of Part V.
  127. 80 Removal of patients to Scotland.
  128. 80ZA Transfer of responsibility for community patients to Scotland
  129. 80A Transfer of responsibility for conditionally discharged patients to Scotland
  130. 80B Removal of detained patients from Scotland
  131. 80C Removal of patients subject to compulsion in the community from Scotland
  132. 80D Transfer of conditionally discharged patients from Scotland
  133. 81 Removal of patients to Northern Ireland.
  134. 81ZA Removal of community patients to Northern Ireland
  135. 81A Transfer of responsibility for patients to Northern Ireland.
  136. 82 Removal to England and Wales of patients from Northern Ireland.
  137. 82A Transfer of responsibility for conditionally discharged patients to England and Wales from Northern Ireland
  138. 83 Removal of patients to Channel Islands or Isle of Man.
  139. 83ZA Removal or transfer of community patients to Channel Islands or Isle of Man
  140. 83A Transfer of responsibility for conditionally discharged patients to Channel Islands or Isle of Man
  141. 84 Removal to England and Wales of offenders found insane in Channel Islands and Isle of Man.
  142. 85 Patients removed from Channel Islands or Isle of Man.
  143. 85ZA Responsibility for community patients transferred from Channel Islands or Isle of Man
  144. 85A Responsibility for conditionally discharged patients transferred from Channel Islands or Isle of Man
  145. 86 Removal of alien patients.
  146. 87 Patients absent from hospitals in Northern Ireland.
  147. 88 Patients absent from hospitals in England and Wales.
  148. 89 Patients absent from hospitals in the Channel Islands or Isle of Man.
  149. 90 Regulations for purposes of Part VI.
  150. 91 General provisions as to patients removed from England and Wales.
  151. 92 Interpretation of Part VI.
  152. 93 Judicial authorities and Court of Protection.
  153. 94 Exercise of the judge’s functions: “the patient”.
  154. 95 General functions of the judge with respect to property and affairs of patient.
  155. 96 Powers of the judge as to patient’s property and affairs.
  156. 97 Supplementary provisions as to wills executed under s. 96.
  157. 98 Judge’s powers in cases of emergency.
  158. 99 Power to appoint receiver.
  159. 100 Vesting of stock in curator appointed outside England and Wales.
  160. 101 Preservation of interests in patient’s property.
  161. 102 Lord Chancellor’s Visitors.
  162. 103 Functions of Visitors.
  163. 104 General powers of the judge with respect to proceedings.
  164. 105 Appeals.
  165. 106 Rules of procedure.
  166. 107 Security and accounts.
  167. 108 General provisions as to rules under Part VII.
  168. 109 Effect and proof of orders, etc.
  169. 110 Reciprocal arrangements in relation to Scotland and Northern Ireland as to exercise of powers.
  170. 111 Construction of references in other Acts to judge or authority having jurisdiction under Part VII.
  171. 112 Interpretation of Part VII.
  172. 113 Disapplication of certain enactments in relation to persons within the jurisdiction of the judge.
  173. 114 Approval by local social services authority.
  174. 114ZA Approval of courses: England
  175. 114A Approval of courses: Wales
  176. 115 Powers of entry and inspection.
  177. 116 Welfare of certain hospital patients.
  178. 117 After-care.
  179. 117A After-care: preference for particular accommodation
  180. 117B After-care: exception for provision of nursing care
  181. 118 Code of practice.
  182. 119 Practitioners approved for Part IV and s. 118.
  183. 120 General protection of relevant patients.
  184. 120A Investigation reports
  185. 120B Action statements
  186. 120C Provision of information
  187. 120D Annual reports
  188. 121 Mental Health Act Commission.
  189. 122 Provision of pocket money for in-patients in hospital.
  190. 123 Transfers to and from special hospitals.
  191. 124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  192. 125 Inquiries.
  193. 126 Forgery, false statements, etc.
  194. 127 Ill-treatment of patients.
  195. 128 Assisting patients to absent themselves without leave, etc.
  196. 129 Obstruction.
  197. 130 Prosecutions by local authorities.
  198. 130A Independent mental health advocates: England
  199. 130B Arrangements under section 130A
  200. 130C Section 130A: supplemental
  201. 130D Duty to give information about independent mental health advocates
  202. 130E Independent mental health advocates: Wales
  203. 130F Arrangements under section 130E for Welsh qualifying compulsory patients
  204. 130G Arrangements under section 130E for Welsh qualifying informal patients
  205. 130H Independent mental health advocates for Wales: supplementary powers and duties
  206. 130I Welsh qualifying compulsory patients
  207. 130J Welsh qualifying informal patients
  208. 130K Duty to give information about independent mental health advocates to Welsh qualifying compulsory patients
  209. 130L Duty to give information about independent mental health advocates to Welsh qualifying informal patients
  210. 131 Informal admission of patients.
  211. 131A Accommodation, etc. for children
  212. 132 Duty of managers of hospitals to give information to detained patients.
  213. 132A Duty of managers of hospitals to give information to community patients
  214. 133 Duty of managers of hospitals to inform nearest relatives of discharge.
  215. 134 Correspondence of patients.
  216. 134A Review of decisions to withhold correspondence
  217. 135 Warrant to search for and remove patients.
  218. 136 Removal etc of mentally disordered persons without a warrant
  219. 136A Use of police stations as places of safety
  220. 136B Extension of detention
  221. 136C Protective searches
  222. 137 Provisions as to custody, conveyance and detention.
  223. 138 Retaking of patients escaping from custody.
  224. 139 Protection for acts done in pursuance of this Act.
  225. 140 Notification of hospitals having arrangements for special cases.
  226. 141 Members of Parliament suffering from mental illness.
  227. 142 Pay, pensions, etc., of mentally disordered persons.
  228. 142A Regulations as to approvals in relation to England and Wales
  229. 142B Delegation of powers of managers of NHS foundation trusts
  230. 142C Human Rights Act 1998: extension to certain private care providers
  231. 143 General provisions as to regulations, orders and rules.
  232. 144 Power to amend local Acts.
  233. 145 Interpretation.
  234. 146 Application to Scotland.
  235. 147 Application to Northern Ireland.
  236. 148 Consequential and transitional provisions and repeals.
  237. 149 Short title, commencement and application to Scilly Isles.
  238. SCHEDULE 1 Application of Certain Provisions to Patients Subject to Hospital and Guardianship Orders
  239. SCHEDULE 2 Mental Health Review Tribunal for Wales
  240. SCHEDULE 3
  241. SCHEDULE 4 Consequential Amendments
  242. SCHEDULE 5 Transitional and Saving Provisions
  243. SCHEDULE 6 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

243 provisions

SCHEDULE 4 Consequential Amendments

Section 148. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In section 10(3) of the Colonial Prisoners Removal Act 1884 for the words “section seventy-one of the Mental Health Act 1959”, “section seventy-two” and “section seventy-four” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ”, “ section 47 ”and “ section 49 ”. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 In sections 4(1) and 11(3)(b) of the Polish Resettlement Act 1947 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 In section 116(7) of the Army Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ”and “ within the meaning of the Mental Health Act 1983 ”. 11 In section 116(7) of the Air Force Act 1955 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ” and “ within the meaning of the Mental Health Act 1983 ”. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 In section 71(6) of the Naval Discipline Act 1957 for the words “section 71 of the Mental Health Act 1959” and “within the meaning of the Mental Health Act 1959” there shall be substituted respectively the words “ section 46 of the Mental Health Act 1983 ” and “ within the meaning of the Mental Health Act 1983 ”. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 In section 5 of the Administration of Justice Act 1960— (a) in subsection (4) for the words “Part V of the Mental Health Act 1959” and the words “the said Part V” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38) ” and “ the said Part III ”; and (b) in subsection (4A) for the words “section 31 of the Mental Health (Amendment) Act 1982”, “Part V of the said Act of 1959” and “the said section 31” there shall be substituted respectively “ section 38 of the Mental Health Act 1983 ”, “ Part III of the said Act of 1983 ” and “ the said section 38 ”. 18 In the Criminal Procedure (Insanity) Act 1964— (a) in section 8(2) for the words “the Mental Health Act 1959”, “Part V” and “sections 139 to 141” there shall be substituted respectively the words “ the Mental Health Act 1983 ”, “ Part III ” and “ sections 137 to 139 ”; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 In the Criminal Justice Act 1967— (a) in section 72(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959 or section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 18, 38(7) or 138 of the Mental Health Act 1983 ”; (b) in section 72(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively the words “ Section 137 of the Mental Health Act 1983 ” and “ the said Act of 1983 ”; (c) in section 72(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”, “ section 38 of the said Act of 1983 ” and “ Part III of the said Act of 1983 ”. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 In the Criminal Appeal Act 1968— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in section 8(3) after the words “Part V of the Mental Health Act 1959” there shall be inserted the words “ or under Part III of the Mental Health Act 1983 (other than under section 35, 36 or 38 of that Act) ”; (c) in section 8(3A)— (i) for the words “section 30 of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 36 of the Mental Health Act 1983 ”; (ii) for the words “section 31 of that Act” there shall be substituted the words “ section 38 of that Act ”; and (iii) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of that Act ”; (d) in section 11— (i) in subsection (5) for the words “the Mental Health (Amendment) Act 1982” there shall be substituted the words “ the Mental Health Act 1983 ”; and (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) in section 37(4) for the words “Part V of the Mental Health Act 1959” and “the Mental Health Act 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 (otherwise than under section 35, 36 or 38 of that Act) ” and “ the Mental Health Act 1983 ”; (h) in section 37(4A) for the words “section 30 of the Mental Health (Amendment) Act 1982”, “section 31” and “Part V of the said Act of 1959” wherever they occur there shall be substituted respectively the words “ section 36 of the Mental Health Act 1983 ”, “ section 38 ” and “ Part III of the said Act of 1983 ”; (i) in section 50(1), for the words from “Part V” to “1982” there shall be substituted the words “ Part III of the Mental Health Act 1983, with or without a restriction order, and an interim hospital order under that Part ”; (j) in section 51(2) for the words “section 147(1) of the Mental Health Act 1959” there shall be substituted the words “ section 145(1) of the Mental Health Act 1983 ”; (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (l) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (m) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (n) in Schedule 3— (i) in the heading to the Schedule for the words “PART V OF MENTAL HEALTH ACT 1959” there shall be substituted the words “ PART III OF MENTAL HEALTH ACT 1983 ”; and (ii) for paragraph 2 there shall be substituted— Order for continued detention under Act of 1983 2 Where an order is made by the Court of Appeal under section 16(3) of this Act for a person’s continued detention under the Mental Health Act 1983, Part III of that Act (patients concerned in criminal proceedings or under sentence) shall apply to him as if he had been ordered under the said section 16(3) to be kept in custody pending trial and were detained in pursuance of a transfer direction together with a restriction direction. 24 In the Courts-Martial (Appeals) Act 1968— (a) in sections 20(4) and 43(4) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”; (b) in section 23, in subsection (1) for the words “section 71 of the Mental Health Act 1959” there shall be substituted the words “ section 46 of the Mental Health Act 1983 ” and in subsection (2) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”; (c) in section 25(4) for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 In the Children and Young Persons Act 1969— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) in section 12(4) for the words “section 28 of the Mental Health Act 1959”, “Part V” and “the said Act of 1959” there shall be substituted respectively the words “ section 12 of the Mental Health Act 1983 ”, “ Part III ” and “ the said Act of 1983 ”; (e) in paragraph 7(7) of Schedule 4 for the words from the beginning to “1959” there shall be substituted the words “ A restriction direction which was given under section 49 of the Mental Health Act 1983 ”. 27 In Schedule 1 to the Local Authorities Social Services Act 1970— (a) in the entry relating to the Mental Health Act 1959, in the first column for the words “Parts II to VI and IX” there shall be substituted the words “ sections 8 and 9 ” and for the entry in the second column there shall be substituted the words “ Welfare and accommodation of mentally disordered persons. ”; (b) there shall be inserted at the end— Mental Health Act 1983 (c. 20) Parts II, III and VI | Welfare of the mentally disordered; guardianship of persons suffering from mental disorder including such persons removed to England and Wales from Scotland or Northern Ireland; exercise of functions of nearest relative of person so suffering. Sections 66, 67, 69(1) | Exercise of functions of nearest relative in relation to applications and references to Mental Health Review Tribunals. Section 114 | Appointment of approved social workers. Section 115 | Entry and inspection. Section 116 | Welfare of certain hospital patients. Section 117 | After-care of detained patients. Section 130 | Prosecutions. ; (c) the entry relating to the Mental Health (Amendment) Act 1982 shall cease to have effect. 28 In section 57(1) of the Courts Act 1971 for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983 ”. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 In section 12(d) of the Matrimonial Causes Act 1973 for the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 In the Criminal Procedure (Scotland) Act 1975— (a) in sections 13(1)(b) and 322(1)(b) for the words “section 40 or 140 of the Mental Health Act 1959, section 31(8) of the Mental Health (Amendment) Act 1982” there shall be substituted the words “ section 18, 38(7) or 138 of the Mental Health Act 1983 ”; (b) in sections 13(3) and 322(3) for the words “Section 139 of the Mental Health Act 1959” and “the said Act of 1959” there shall be substituted respectively “ Section 137 of the Mental Health Act 1983 ” and “ the said Act of 1983 ”; (c) in sections 13(4) and 322(4) for the words “Part V of the Mental Health Act 1959”, “section 31 of the Mental Health (Amendment) Act 1982” and “Part V of the said Act of 1959” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”, “ section 38 of the said Act of 1983 ” and “ Part III of the said Act of 1983 ”. 42 In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 in the entry relating to Mental Health Review Tribunals for the words “constituted under the Mental Health Act 1959” there shall be substituted the words “ constituted or having effect as if constituted under the Mental Health Act 1983 ”. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 In section 3(6B) of the Bail Act 1976 for the words “section 28 of the Mental Health Act 1959” there shall be substituted the words “ section 12 of the Mental Health Act 1983 ”. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 In section 16A(1)(b)(ii) of the National Health Service (Scotland) Act 1978 for the words “section 10 of the Mental Health Act 1959” there shall be substituted the words “ section 116 of the Mental Health Act 1983 ”. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 In the Contempt of Court Act 1981— (a) in section 14(4) for the words “section 60 of the Mental Health Act 1959” and “section 31 of the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “ section 37 of the Mental Health Act 1983 ” and “ section 38 of that Act ”; and (b) in section 14(4A) for the words “section 29 of the said Act of 1982” there shall be substituted the words “ section 35 of the said Act of 1983 ”. (c) in paragraph 10(b) of Schedule 1 for the words “paragraph (b) of subsection (2) of section 76 of the Mental Health Act 1959” there shall be substituted the words “ section 51(5) of the Mental Health Act 1983 ”. 58 In the Senior Courts Act 1981— (a) in section 48(6)(a) for the words “Part V of the Mental Health Act 1959” and “the Mental Health (Amendment) Act 1982” there shall be substituted respectively the words “ Part III of the Mental Health Act 1983 ”; and “ that Act ”; (b) in section 48(7) for the words “the said Act of 1982” there shall be substituted the words “ the said Act of 1983 ”; and (c) in section 48(8)(b) for the words “section 31(8) of the said Act of 1982” there shall be substituted the words “ section 38(7) of the said Act of 1983 ”. 59 In section 13(9) of the Armed Forces Act 1981 or the words “the Mental Health Act 1959” there shall be substituted the words “ the Mental Health Act 1983 ”. 60 In paragraph 9 of Schedule 1 to the British Nationality Act 1981— (a) in sub-paragraph (1)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983” ”; and (b) in sub-paragraph (2)(b) for the words “Part V of the Mental Health Act 1959” there shall be substituted the words “ Part III of the Mental Health Act 1983” . ” 61 In the Mental Health (Amendment) Act 1982— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in section 70(3) for the words “Section 154(2) of the principal Act” there shall be substituted the words “ Section 149(4) of the Mental Health Act 1983” ”.

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SCHEDULE 5 Transitional and Saving Provisions

Section 148. 1 Where any period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run. 2 Nothing in this Act shall affect the interpretation of any provision of the Mental Health Act 1959 which is not repealed by this Act and accordingly sections 1 and 145(1) of this Act shall apply to any such provision as if it were contained in this Act. 3 Where, apart from this paragraph, anything done under or for the purposes of any enactment which is repealed by this Act would cease to have effect by virtue of that repeal it shall have effect as if it had been done under or for the purposes of the corresponding provision of this Act. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 This Act shall apply in relation to any authority for the detention or guardianship of a person who was liable to be detained or subject to guardianship under the Mental Health Act 1959 immediately before 30th September 1983 as if the provisions of this Act which derive from provisions amended by section 1 or 2 of the Mental Health (Amendment) Act 1982 and the amendments in Schedule 3 to that Act which are consequential on those sections were included in this Act in the form the provisions from which they derive would take if those amendments were disregarded but this provision shall not apply to any renewal of that authority on or after that date. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Section 20(2) of this Act shall have effect in relation to any authority renewed before 1st October 1983 with the substitution for the words “six months” of the words “ one year ”. (2) Section 20(2) of this Act shall have effect in relation to any authority renewed before 1st October 1983 with the substitution for the words “six months” of the words “ one year ” and for the words “one year” in both places they occur of the words “ two years ”. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 The provisions of this Act which derive from sections 24 to 27 of the Mental Health (Amendment) Act 1982 shall have effect in relation to a transfer direction given before 30th September 1983 as well as in relation to one given later, but where, apart from this paragraph, a transfer direction given before 30th September 1983 would by virtue of the words in section 50(3) of this Act which are derived from section 24(3) of the Mental Health (Amendment) Act 1982 have ceased to have effect before that date it shall cease to have effect on that date. 16 The words in section 42(1) of this Act which derive from the amendment of section 66(1) of the Mental Health Act 1959 by section 28(1) of the Mental Health (Amendment) Act 1982 and the provisions of this Act which derive from section 28(3) of and Schedule 1 to that Act have effect in relation to a restriction order or, as the case may be, a restriction direction made or given before 30th September 1983 as well as in relation to one made or given later, but— (a) any reference to a tribunal under section 66(6) of the said Act of 1959 in respect of a patient shall be treated for the purposes of subsections (1) and (2) of section 77 of this Act in their application to sections 70 and 75(2) of this Act as an application made by him; and (b) sections 71(5) and 75(1)(a) of this Act do not apply where the period in question has expired before 30th September 1983. 17 Section 91(2) of this Act shall not apply in relation to a patient removed from England and Wales before 30th September 1983. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 The repeal by the Mental Health (Amendment) Act 1982 of section 77 of the Mental Health Act 1959 does not affect subsection (4) of that section in its application to a transfer direction given before 30th September 1983, but after the coming into force of this Act that subsection shall have effect for that purpose as if for the references to subsection (6) of section 60, Part IV of that Act and the provisions of that Act there were substituted respectively references to section 37(8), Part II and the provisions of this Act. 21 Any direction to which section 71(4) of the Mental Health Act 1959 applied immediately before the commencement of this Act shall have the same effect as a hospital order together with a restriction order, made without limitation of time. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 For any reference in any enactment, instrument, deed or other document to a receiver under Part VIII of the Mental Health Act 1959 there shall be substituted a reference to a receiver under Part VII of this Act. 24 Nothing in this Act shall affect the operation of the proviso to section 107(5) of the Mental Health Act 1959 in relation to a charge created before the commencement of this Act under that section. 25 Nothing in this Act shall affect the operation of subsection (6) of section 112 of the Mental Health Act 1959 in relation to a charge created before the commencement of this Act by virtue of subsection (5) of that section. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Nothing in this Act shall affect the operation of section 116 of the Mental Health Act 1959 in relation to orders made, directions or authorities given or other instruments issued before the commencement of this Act. 28 References to applications, recommendations, reports and other documents in section 126 of this Act shall include those to which section 125 of the Mental Health Act 1959 applied immediately before the commencement of this Act and references in section 139 of this Act to the acts to which that section applies shall include those to which section 141 of the said Act of 1959 applied at that time. 29 The repeal by the Mental Health Act 1959 of the Mental Treatment Act 1930 shall not affect any amendment effected by section 20 of that Act in any enactment not repealed by the said Act of 1959. 30 The repeal by the Mental Health Act 1959 of the provisions of the Lunacy Act 1890 and of the Mental Deficiency Act 1913 relating to the superannuation of officers or employees shall not affect any arrangements for the payment of allowances or other benefits made in accordance with those provisions and in force on 1st November 1960. 31 (1) Any patient who immediately before the commencement of this Act was liable to be detained in a hospital or subject to guardianship by virtue of paragraph 9 of Schedule 6 to the Mental Health Act 1959 shall unless previously discharged continue to be so liable for the remainder of the period of his treatment current on 1st November 1960. (2) The patient may before the expiration of the period of treatment referred to in sub-paragraph (1) above apply to a Mental Health Review Tribunal. 32 Any patient who immediately before the commencement of this Act was liable to be detained or subject to guardianship by virtue of an authority which had been renewed under paragraph 11 of Schedule 6 to the Mental Health Act 1959 shall unless previously discharged continue to be so liable during the period for which that authority was so renewed. 33 (1) This paragraph applies to patients who at the commencement of this Act are liable to be detained or subject to guardianship by virtue of paragraph 31 or 32 above. (2) Authority for the detention or guardianship of the patient may on the expiration of the relevant period, unless the patient has previously been discharged, be renewed for a further period of two years. (3) Sections 20(3) to (10) and 66(1)(f) of this Act shall apply in relation to the renewal of authority for the detention or guardianship of a patient under this paragraph as they apply in relation to the renewal of authority for the detention or guardianship of the patient under section 20(2). (4) In this paragraph “the relevant period” means— (a) in relation to a patient liable to be detained or subject to guardianship by virtue of the said paragraph 31, the period of his treatment referred to in that paragraph; (b) in relation to a patient detained by virtue of the said paragraph 32, the period for which authority for the detention or guardianship of the patient has been renewed under paragraph 11 of Schedule 6 to the 1959 Act; (c) in relation to a patient the authority for whose detention or guardianship has previously been renewed under this paragraph, the latest period for which it has been so renewed. 34 (1) Any patient who is liable to be detained in a hospital or subject to guardianship by virtue of paragraph 31 above shall (subject to the exceptions and modifications specified in the following provisions of this paragraph) be treated as if he had been admitted to the hospital in pursuance of an application for admission for treatment under Part II of this Act or had been received into guardianship in pursuance of a guardianship application under the said Part II and had been so admitted or received as a patient suffering from the form or forms of mental disorder recorded under paragraph 7 of Schedule 6 to the Mental Health Act 1959 or, if a different form or forms have been specified in a report under section 38 of that Act as applied by that paragraph, the form or forms so specified. (2) Section 20 of this Act shall not apply in relation to the patient, but the provisions of paragraph 33 above shall apply instead. (3) Any patient to whom paragraph 9(3) of Schedule 6 to the Mental Health Act 1959 applied at the commencement of this Act who fell within paragraph (b) of that paragraph shall cease to be liable to be detained on attaining the age of 25 years unless, during the period of two months ending on the date when he attains that age, the responsible medical officer records his opinion under the following provisions of this Schedule that the patient is unfit for discharge. (4) If the patient was immediately before 1st November 1960 liable to be detained by virtue of section 6, 8(1) or 9 of the Mental Deficiency Act 1913, the power of discharging him under section 23 of this Act shall not be exercisable by his nearest relative, but his nearest relative may make one application in respect of him to the appropriate tribunal in any period of 12 months. 35 (1) The responsible medical officer may record for the purposes of paragraph 34(3) above his opinion that a patient detained in a hospital is unfit for discharge if it appears to the responsible medical officer— (a) that if that patient were released from the hospital he would be likely to act in a manner dangerous to other persons or to himself, or would be likely to resort to criminal activities; or (b) that that patient is incapable of caring for himself and that there is no suitable hospital or other establishment into which he can be admitted and where he would be likely to remain voluntarily; and where the responsible medical officer records his opinion as aforesaid he shall also record the grounds for his opinion. (2) Where the responsible medical officer records his opinion under this paragraph in respect of a patient, the managers of the hospital or other persons in charge of the establishment where he is for the time being detained or liable to be detained shall cause the patient to be informed, and the patient may, at any time before the expiration of the period of 28 days beginning with the date on which he is so informed, apply to a Mental Health Review Tribunal. (3) On any application under sub-paragraph (2) above the tribunal shall, if satisfied that none of the conditions set out in paragraphs (a) and (b) of sub-paragraph (1) above are fulfilled, direct that the patient be discharged, and subsection (1) of section 72 of this Act shall have effect in relation to the application as if paragraph (b) of that subsection were omitted. 36 Any person who immediately before the commencement of this Act was deemed to have been named as the guardian of any patient under paragraph 14 of Schedule 6 to the Mental Health Act 1959 shall be deemed for the purposes of this Act to have been named as the guardian of the patient in an application for his reception into guardianship under Part II of this Act accepted on that person’s behalf by the relevant local authority. 37 (1) This paragraph applies to patients who immediately before the commencement of this Act were transferred patients within the meaning of paragraph 15 of Schedule 6 to the Mental Health Act 1959. (2) A transferred patient who immediately before the commencement of this Act was by virtue of sub-paragraph (2) of that paragraph treated for the purposes of that Act as if he were liable to be detained in a hospital in pursuance of a direction under section 71 of that Act shall be treated as if he were so liable in pursuance of a hospital order together with a restriction order, made without limitation of time of this Act. (3) A transferred patient who immediately before the commencement of this Act was by virtue of sub-paragraph (3) of that paragraph treated for the purposes of that Act as if he were liable to be detained in a hospital by virtue of a transfer direction under section 72 of that Act and as if a direction restricting his discharge had been given under section 74 of that Act shall be treated as if he were so liable by virtue of a transfer direction under section 47 of this Act and as if a restriction direction had been given under section 49 of this Act. (4) Section 84 of this Act shall apply to a transferred patient who was treated by virtue of sub-paragraph (5) of that paragraph immediately before the commencement of this Act as if he had been removed to a hospital under section 89 of that Act as if he had been so removed under the said section 84. (5) Any person to whom sub-paragraph (6) of that paragraph applied immediately before the commencement of this Act shall be treated for the purposes of this Act as if he were liable to be detained in a hospital in pursuance of a transfer direction given under section 48 of this Act and as if a restriction direction had been given under section 49 of this Act . . . . 38 Any patient who immediately before the commencement of this Act was treated by virtue of sub-paragraph (1) of paragraph 16 of Schedule 6 to the Mental Health Act 1959 as if he had been conditionally discharged under section 66 of that Act shall be treated as if he had been conditionally discharged under section 42 of this Act and any such direction as is mentioned in paragraph (b) of that sub-paragraph shall be treated as if it had been given under the said section 42. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 A person who immediately before the commencement of this Act was detained by virtue of paragraph 19 of Schedule 6 to the Mental Health Act 1959 may continue to be detained until the expiration of the period of his treatment current on 1st November 1960 or until he becomes liable to be detained or subject to guardianship under this Act, whichever occurs first, and may be so detained in any place in which he might have been detained under that paragraph. 41 Any opinion recorded by the responsible medical officer under the foregoing provisions of this Schedule shall be recorded in such form as may be prescribed by regulations made by the Secretary of State. 42 (1) In the foregoing provisions of this Schedule— (a) references to the period of treatment of a patient that was current on 1st November 1960 are to the period for which he would have been liable to be detained or subject to guardianship by virtue of any enactment repealed or excluded by the Mental Health Act 1959, or any enactment repealed or replaced by any such enactment as aforesaid, being a period which began but did not expire before that date; and (b) “the responsible medical officer” means— (i) in relation to a patient subject to guardianship, the medical officer authorised by the local social services authority to act (either generally or in any particular case or for any particular purpose) as the responsible medical officer; (ii) in relation to any other class of patient, the registered medical practitioner in charge of the treatment of the patient. (2) Subsection (2) of section 34 of this Act shall apply for the purposes of the foregoing provisions of this Schedule as it applies for the purposes of Part II of this Act. (3) The sentence or other period of detention of a person who was liable to be detained or subject to guardianship immediately before 1st November 1960 by virtue of an order under section 9 of the Mental Deficiency Act 1913 shall be treated for the purposes of the foregoing provisions of this Schedule as expiring at the end of the period for which that person would have been liable to be detained in a prison or other institution if the order had not been made. (4) For the purposes of the foregoing provisions of this Schedule, an order sending a person to an institution or placing a person under guardianship made before 9th March 1956 on a petition presented under the Mental Deficiency Act 1913 shall be deemed to be valid if it was so deemed immediately before the commencement of this Act by virtue of section 148(2) of the Mental Health Act 1959. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 For the purposes of section 15 of the National Health Service Reorganisation Act 1973 (preservation of certain boards of governors) any provision of this Act which corresponds to a provision amended by that Act shall be treated as if it were such a provision and any reference in any order for the time being in force under that section to such a provision shall have effect as if it were a reference to the corresponding provision of this Act.

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SCHEDULE 6 Repeals

Section 134. Chapter | Short title | Extent of repeal 7 & 8 Eliz. 2. c. 72. | The Mental Health Act 1959. | Sections 1 to 5. Section 10. Section 22. Sections 25 to 35. Sections 37 to 43. Sections 45 to 60. Sections 62 to 68. Sections 70 to 76. Sections 80 and 81. Section 85. Section 87. Sections 89 and 90. Sections 92 to 96. Sections 99 to 119. Sections 121 to 126. Sections 129 and 130. Sections 132 and 133. Section 135 to 141. In section 144, in subsection (1), paragraph (b). Section 145(2). Sections 147 and 148. Section 149(3) to (5). In section 150, the words from “section ten” to “section one hundred and forty one” and from “section one hundred and forty six” to “Schedules”. In section 152, the words from “sections eighty-five” to “Northern Ireland by that section”, from “section one hundred and twenty-nine” to “Schedules” and the words “Part II of the Seventh Schedule; Part II of the Eighth Schedule”. Section 153. Schedule 1. Schedule 3. Schedule 5. Schedule 6, except paragraph 15(4). In Schedule 7, in Part I the entry relating to sections 48 and 49 of the Fines and Recoveries Act 1833 and in Part II the entries relating to the Polish Resettlement Act 1947 and the USA Veterans’ Pensions (Administration) Act 1949. Chapter | Short title | Extent of repeal 1960 c. 61. | The Mental Health (Scotland) Act 1960. | Section 74. In Schedule 4, all the entries relating to the Mental Health Act 1959 except those relating to section 9 and Schedule 7. 1961 (N.I.) c. 15. | The Mental Health Act (Northern Ireland) 1961. | In Schedule 5, paragraphs 1 to 4. 1964 c. 84. | The Criminal Procedure (Insanity) Act 1964. | Section 4(7). 1965 c. 2. | The Administration of Justice Act 1965. | In Schedule 1, the entry relating to the Mental Health Act 1959. 1968 c. 20. | The Courts-Martial (Appeals) Act 1968. | In Schedule 4, the entry relating to the Mental Health Act 1959. 1968 c. 49. | The Social Work (Scotland) Act 1968. | In Schedule 8, paragraphs 48 and 49. 1969 c. 46. | The Family Law Reform Act 1969. | In Schedule 1 the entries relating to the Mental Health Act 1959. 1969 c. 54. | The Children and Young Persons Act 1969. | In Schedule 5, paragraphs 38 to 40. 1969 c. 58. | The Administration of Justice Act 1969. | Sections 17 to 19. 1970 c. 42. | The Local Authority Social Services Act 1970. | In Schedule 1, the entry relating to the Mental Health (Amendment) Act 1982. 1971 c. 23. | The Courts Act 1971. | In Schedule 8, paragraph 38. In Part I of Schedule 9, the entry relating to the Mental Health Act 1959. 1971 c. 77. | The Immigration Act 1971. | In section 30(2), the words from “and accordingly” onwards. 1972 c. 70. | The Local Government Act 1972. | In Schedule 23, in paragraph 9, in sub-paragraph (1) the words “35, 56(2)(c) and 56(3)”, in sub-paragraph (2) the words “10(1), 22, 27(2), 33, 34, 38(3), 40 to 43, 47(2), 52, 53, 59, 60” and “132”, sub-paragraphs (4), (5) and (6). 1973 c. 29. | The Guardianship Act 1973. | In section 1(8), the words from “and” to the end of the subsection. 1975 c. 37. | The Nursing Homes Act 1975. | In Schedule 1, paragraphs 1 to 4. 1977 c. 45. | The Criminal Law Act 1977. | In Schedule 6, the entry relating to section 130(3) of the Mental Health Act 1959. 1977 c. 49. | The National Health Service Act 1977. | In section 105(3), the words “or the Mental Health Act 1959”. In Schedule 15, paragraphs 23, 26 to 28, 30, 31 and 33. Chapter | Short title | Extent of repeal 1978 c. 29. | The National Health Service (Scotland) Act 1978. | In paragraph 10(b) of Schedule 15, the figure “102”. 1980 c. 5. | The Child Care Act 1980. | In Schedule 5, paragraphs 13 and 14. 1980 c. 43. | The Magistrates’ Courts Act 1980. | In Schedule 7, paragraphs 31 and 32. 1980 c. 53. | The Health Services Act 1980. | In Schedule 1, paragraph 13. 1981 c. 45. | The Forgery and Counterfeiting Act 1981. | Section 11(1). 1981 c. 54. | The Senior Courts Act 1981. | Section 144. In Schedule 5, paragraphs 2 and 3 of the entry relating to the Mental Health Act 1959. In Schedule 6, paragraph 4. 1981 c. 61. | The British Nationality Act 1981. | In section 39(7) the words “section 90 of the Mental Health Act 1959 and”. 1982 c. 51. | The Mental Health (Amendment) Act 1982. | Sections 1 to 33. Sections 35 to 61. In section 63, subsection (1) and in subsection (2) the words from the beginning to “Act and”. Section 64(1), (2), (3), (5) and (6). Section 66. Section 68(2) and (3). Section 69(2), (3), and (4). In section 70(2), the words “sections 35(1) and (2) and 64(6) above extend to Northern Ireland”. Schedule 1. In Schedule 3, in Part I paragraphs 1 to 26, in paragraph 35 sub-paragraph (a), paragraphs 40, 42, 45 and 46, in paragraph 50 sub-paragraph (a), in paragraph 51 sub-paragraph (a), paragraphs 52 to 55, 57 and 58 and Part II. In Schedule 5, paragraphs 2 to 15.

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